Legal drafter sues HSA for $1.7M in double claim

| 26/03/2014

(CNS): A government lawyer working in the legal drafting department has filed a double legal assault on the Health Services Authority (HSA) seeking over $1.7 million in damages due to the side effects of a drug and a missed filling. The legal drafter said he was prescribed Terazosin, which he took for three years for urinary problems without being warned of the side effects. He said the drug cause him much worse medical problems, including skin rashes and erectile dysfunction, which had he known about he would never have taken it. In the same hefty legal claim the civil service lawyer also alleges that a dentist who overlooked a cavity caused him to lose a tooth, boosting his whopping damages request.

In the medical and dental claim filed earlier this month against the hospital in Grand Court, the 58-year-old civil servant said he was prescribed a drug to treat a prostate problem but he was never informed by the HSA doctor or pharmacist that there could be some unexpected and unwelcome side effects.

After taking Terazosin for about a year, he began to suffer shortness of breath. Although treated a few months later atfter he returned to the doctors with a rash and itchy skin legions, he said it never went away. Some two years after he began taking the Terazosin he then developed erectile dysfunction, the government lawyer claims. He complains that none of the doctors ever mentioned any potential side effects from the drug in the three years it was prescribed.

Although he began to pay much more attention to his overall health, the various health issues continued. As a result, he states in the suit that he began researching the medicines and found that Terazosin could be the source of his now growing medical problems. According to the claim, when he told his urologist the doctor became defensive and denied his other health problems were related to the urology drug as the dose was too low.

Nevertheless, in his suit the civil service legal worker states that the cause of his various medical difficulties was down to Terazosin and that the doctors and pharmacists should all have warned him about the side effects as they are well documented. Without that advice, he stated that he was not able to make a balanced decision about using the drug, which he claims has now caused him far more long term harm than good. 

On top of his medical troubles, the legal drafter also claims the hospital’s dentist missed a major cavity, despite his direction to the dentist that he was in pain for several years. He claims that he developed a severe headache, and even though root canal work was done on one tooth, the problem did not go away and he continue to endure pain. Eventually his suffering drove him to the emergency dentist, who found a cavity, but rather than deal with it there and then he put in a temporary filing and gave the patient some pain medication. He also fixed an appointment for another root canal.

During that treatment, the legal drafter’s tooth broke and the dentist was forced to pull it. The lawyer claims that the dentist’s negligence and failure to discover his rotting tooth has caused him significant pain, injury and loss.

In total his claims come to more than $1.7 million as well as interest and legal costs.

Category: Health

Comments (57)

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  1. Anonymous says:

    Maybe the poor man should drink some Congo River Water.I hear it works.

  2. Anonymous says:

    Having made the mistake of reading the dreadfully pleaded statement of claim (loss of aesthetics?) one can easily understand the horrible state of our laws.

    Who on earth is responsible for hiring people like this????

  3. Anonymous says:

    The first question most men ask when faced with treatment for prostate problems is ,Will this affect my performance or will I be as good as before?.It does not matter if the treatment is medication,radiation or surgery.Did this lawyer not ask these basic questions?. Hard to believe.I recommend that he not give another lawyer an opportunity to lose this case ,as I feel certain he can do a better job of losing all by himself. No research until after 3 years,no dentist until several painful years  have passed;negligent.

  4. Anonymous says:

    He will never get through. Section 12 protects HSA and Doctors. When it gets to Grand Court, they will only throw it out. They have thrown every case against HSA sine the new law came into effect, or every case I have read? MAybe I am wrong and  some have gotten through, but I haven't came across them yet, as I have access to the law reports…. 

    But I must admit, those doctors at HSA and HSA knows that and what a message they sending to the public? They can almost do anything and get away with it? So they may/maynot become complacent and don't care? SAD!!!!

    So why isn't private sector doctors have the protection of Section 12 of HSA law? So unfair. Ain't all doctors practicing in the Cayman Islands have to be held to the same level of professionalism and qualifications? Yet, Gov't doctors and HSA have special protection under section 12. A section that the Grand Court looks at very seriously and throws out majority of cases that come before them…HEy sir, be prepared to appeal…. I wish I knew who he was or the lawyer?

    OMG! I hope he doesn't get one of them lawyers that will issue the Writ and not serve it in the three month period. TONS of cases get thrown out like that over the past few years…Kinda makes you wonder–WHY???

    Like I say, I am Caymanian and would love to talk to this person……………but do not know how to contact, unless he puts something out there…………

     

     

  5. Anon says:

    Remember  – his services are free at HSA. Didn't want to pay anything out of his own pocket and get another opinion and now wants Government to pay! I really hope this isn't entertained by the courts. But then, he belongs to the legal fraternity! 

  6. Law and Behold says:

    A doctor and a lawyer were attending a cocktail party when the doctor was approached by a man who asked advice on how to handle his ulcer. 

    The doctor mumbled some medical advice, then turned to the lawyer and remarked, "I never know how to handle the situation when I'm asked for medical advice during a social function. Is it acceptable to send a bill for such advice?" 

    The lawyer replied that it was certainly acceptable to do so.

    So, the next day, the doctor sent the ulcer-stricken man a bill.  

    The lawyer also sent one to the doctor.

  7. Anonymous says:

    Let's not become a litigious society like the USA.

  8. Anon says:

    He's a legal draughtsman, so we assume he's an educated person. (Maybe he doesn't have to be to work in our legal dept.).

    He's taking a specific medication for an extended period of time and he doesn't have the intelligence to read the available information on this drug (ever heard of Google?). This is just another one seeing an opportunity to get a huge handout from Government. Where DO we find these people? 

    Hes working for us, the people;we pay his salary. Tell us who he is. 

  9. Anonymous says:

    Certainly explains the quality of some recent legal drafting.

  10. Anonymous says:

    So a lawyer didn't ask questions,

    didn't read the fine print,

    doesn't understand limitation is to be able to, among otehr things, ensure evidence is reliable

    how will he prove causation? one of the side effects of my medication is headaches but hey I suffered headaches all my life….Will witnesses testify that he was always 'up' before the medication? What other factors may have contributed to his symptoms? for eg depression and desire to leave the job?

    will the government's legal team (YOU KNOW, HIS COWRKERS!!!) be able to try this case properly, fairly and consider we the Caymanians would have to pay more money? or maybe we should terminate his employment for conflict of interest

    did the side effects also include illness that may have affected his work? he started it….

    one thing I know…if the AG's office doesn't ask the right questions we need to revamp that entire legal department…enough is enough!!! they can find time to sue us the people ON their jobs but we keep getting cases thrown out or being sued by lawyer/police officers now

  11. Friv E. Lous says:

    He just looking for a retirement lump sum. Hope it gets thrown out. 

  12. Anonymous says:

    Most medicines come with a leaflet inside. If it did, then he should have reAd it!  And then maybe he just got the meds in a plastic container with no warning!!!!

     

  13. Anonymous says:

    Well, when the grandchildren of the comfortable Caymanians today have to be taxed, one way or another to pay not only the pensions of all these foreigners in our legal and police departments who are the main people also suing our government that WE or the UK have to pay, they wont be too comfortable then.

    The legacy we are leaving by refusing to hire the same nationals in these key government departments is unbelievable.

     

    BTW, I wonder if the lawsuits by police officers, and now lawyer in legal department finding another way to get pay-back from their former colonial leaders instead of waiting for all that money top government officials are begging for?

     

    Why can't the majority of people not see the direction in which we're headed? Think back to how Cayman was 25 years ago ….can you imagine the mess in 10-15 years if a serious shakeup including deportations, termination of contracts and even revsersing status grounds rights???

  14. Anonymous says:

    Seriously…every pharmacy I have attended for the last twenty years ALWAYS provide a write up of the drug that includes all the possible side effects. Also dude…ever heard of the internet…..world at your fingertips!!!

    For an alleged educated man, he sure seems to be not smart!!!

  15. Michel says:

    Medicatons All have side effects in today’s medcations and we need to be informed of some eqivIlent in natural medicine. But it’s a Big busInees. In the Pill Manufacturing Biseness. With the internet today just the name of the brand and click, all the info. The danger is taking other pills at the same time where side effects are present and (I know) that I’m, the best prevention for this education beginnig from school. They need knowlege from old time remedies as they may relate in their culture and seek knowledge. Michel

  16. Anonymous says:

    Can we sue this legal expert for how badly many of our laws are written?

  17. Anonymous says:

    Maybe getting old has something to do with it? What a bunch of BS….

  18. Anonymous says:

    This man is supposedly intelligent if he is a legal draughtsman, yet he does not read the leaflet that comes with all drugs listing potential side affects?. Humbug!.

  19. Anonymous says:

    Last time I got meds from a pharmacy they contained a warning sheet listing all possible side-effects with advice to seek medical attention if any of them developed. Can't he read?

  20. My respect for you says:

    Now the government will have to pay the viagra you will use for your erection problem

  21. Anonymous says:

    Dead wood lmao

  22. Anonymous says:

    Don't you get a nice 8×10 sheet EVERY MONTH with you prescriptions explaining in detail the side effects?

  23. Anonymous says:

    Like most prescription drugs, Terazosin probably comes in a box with an insert that lists all possible side effects. If this man can read, he has no excuse for not knowing what could potentially happen. No one in his right mind these days should rely solely on a doctor to inform him/her about drug side effects. Look on the internet. Read the little piece of paper in the prescription box. Duhhh!

  24. Anonymous says:

    Now this one beats all.  He's a lawyer, so one would think he is a bit more intelligent than than he is protraying himself to be.  I ain't no lawyer and a week ago my doctor advised me I'd better start takiing a certain medication.  The first thing I asked him was what are the side effects and even after he told me and advised that based on the results of my blood work, that I would most likely not experience any of the side effects, I still haven't begun taking the prescription because I am doing my own research.  And he suffered for years with a toothache and didn't go to see another dentist for a second opinion?  Come on man! One would expect much better of a lawyer, don't you think?  I'm sorry, but I'd have to question those motives if I was the judge.  I hope it is seen for what it really is and by God, I hope he has to pay for his actions!  What has this world come to?

  25. Anonymous says:

    ….and we authorise these people to draft laws…???

  26. Anonymous says:

    First thing I do when I am prescribed any medecine and before I take them is check with my doctor, phamacist and finally go on-line to check for any side effects and other drug interactions. This is something I have been doing for a long time.

    Does this kind of claim indicate the level of intelligence/competance of our legal drafters? No wonder it takes forever to get anything meaningful out of that department.

  27. Anonymous says:

    He took the drug for three years, & had tooth pain for several years, & is now suing?! Sounds like he is the author of his own misfortune.

    • james Pouchie says:

      couldnt get it up now suing Government for it….lol

    • Anonymous says:

      One of the things I do when I get new medication is to read the  leaflet included with the medication to check out side effects.  Secondly, as soon as I notice symptoms after taking new medication, i pay attention, and have had to refuse to continue taking a drug.  Seems the lawyer should be held liable for his own negligence.  Patients have to be their own advocates these days.

    • Anonymous says:

      Hold on!!!!  Several years – he is so much faster off the mark than most of CIG.  I think he should be appointed AG.  He clearly has his problemin hand.

  28. Anonymous says:

    That’s some wild quantum for an aged civil servant on the cusp of retirement.

    When you see a chance, take it……….

  29. Anonymous says:

    Isn't this claim caught by the new law passed for the Shetty Hospital which limits non-pecuniary damages to $0.5m?

  30. Anonymous says:

    So this is what our society has degenerated into? He should sue the scumbag pharmaceutical companies that make these toxic products, the dishonest lawmakers that approve the use of these poisons and finally he should should sue himself for failing to pay attention in school and not taking care of his teeth.

  31. Trutsaya says:

    I have heard of the pharmacy giving out the wrong drugs to persons with scripts. The hospital and processes there within are very worrying. 

  32. Anonymous says:

    what a mess this island is in!

  33. Anonymous says:

    Does this lawyer have a name?

    • Anonymous says:

      CNS, why isnt this matter covered by sub judice as well?

      CNS: It's a civil case not a criminal trial.

    • Anonymous says:

      Dunno, but let's hope for his sake it ain't Randy.

  34. Anonymous says:

    Fire him, deport him, and tell him to get a life. Where do we find these people?

    • Anonymous says:

      Probably in divorce court unless the poor guy got off that medication, I'd imagine.

    • Anonymous says:

      Hasn't the poor guy suffered enough? He's had terrible tooth ache as well as that other, er, you know, "situation". It's enough to drive any guy over the edge, surely?

    • anon says:

      Fire who? The lawyer or the doctor?

    • Anonymous says:

      22:54  Sure sounds like a go getter.  He is digging deep.  Why does the selection process always fail us? 

  35. Anonymous says:



    No, No, No, Cayman. Do not go down this road. All will be paid ,of course, but not by you…

     

    Excercise some restraint ( make everyone pay for ordinary injuries)(Free never works); Add a reasonable deductable to CINICO and see what happens;.

  36. Anonymous says:

    Blimey, I ain't no doctor, but if there's one possible side effect I'd definitely mention to a male patient, it'd be that one. I mean, you'd need to take a "holistic" approach and consider the wife as well, surely?

    • Anonymous says:

      With or without drugs that is a typical side-effect of being a 58 yr. old civil servant.

      • Anonymous says:

        Sounds like you're talking from personal experience if you ask me. Get help, friend. There is hope.

  37. Anonymous says:

    Ha Ha Ha Ha

    • Anonymous says:

      You shuld have done your homework up front.  In this internetage all you hav to do is look it up on the internet.  If you see to side effects listed that yu are uncomfortable with then don't take it and don't continue filling the persription. AND FIND ANOHER DOCTOR who is willing to work with you to find something better.90 percent of  the time the drugs prescribed is worse that your medical condition.