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Gayle, Naveiney (Personally, and as Administrator Ad Litem, in the Estate of Vijae Gayle, Deceased) and Burns Gayle (Personally, and as Administrator Ad Litem, in the Estate of Vijae Gayle, Deceased) v Board of Management, University Hospital of the West Indies

Court: 
Supreme Court
Subject: 
Negligence
Catchwords: 

Negligence-Medical negligence-The duty of care owed by a medical practitioner to a patient-Patient admitted at hospital over a period of six days-Patient died while admitted in hospital-Whether the medical practitioners attached to the hospital owed a duty of care to the patient-Whether the medical practitioner attached to the hospital breached that duty of care-Whether the medical practitioners attached to the hospital used all proper professional skill, care, competence and diligence during their investigation, diagnosis, management and treatment of the patient-Causation-Foreseeability of damage-Remoteness of damage

Damages-Damages for psychiatric injuries, psychiatric shock and metal distress for secondary victims-Quantum of damages-The Fatal Accidents Act, section 2, 3, 4 and 5, The Law Reform (Miscellaneous Provisions) Act, sections 2 and 3

Document Type:

Year: 
2026
Suit/Claim number: 
SU 2021 CV 01036
Neutral Citation: 
[2026] JMSC Civ 93
Judge(s): 
A Nembhard J