Roopchand (Appellant) v Tesheira (The Executrix of the Estate of Russell Tesheira) (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2018/0096

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Crisen Jendra Roopchand

Respondent(s)

Karen Tesheira (The Executrix of the Estate of Russell Tesheira)

Issue

Whether the Court of Appeal was correct to uphold the trial judge’s findings as to causation and quantum (among other matters).

Facts

On 13 April 2004, Mr Tesheira was admitted to the Gulf View Medical Centre (“GVM”) to undergo surgery on his prostate. The operation was performed by Dr Goetz, whilst Dr Roopchand acted as Mr Tesheira’s anaesthetist. Mr Tesheira experienced heavy bleeding following the operation and died the same day. Mr Tesheira’s widow and executrix, Mrs Tesheira, issued a writ of summons against GVM, Dr Goetz, and Dr Roopchand for clinical negligence in the death of her husband seeking damages in excess of TTD$18 million.Mrs Tesheira’s claim against Dr Goetz was settled before trial. At first instance, Kokaram J awarded Mrs Tesheira damages of TTD$18,034,772.33 (plus costs to be assessed) against GVM and Dr Roopchand. GVM and Dr Roopchand’s appeal to the Court of Appeal was dismissed (although several findings of Kokaram J were reversed). GVM and Dr Roopchand now appeal to the Judicial Committee, with leave of the Court of Appeal, against both liability and quantum.

Date of issue

14 November 2018

Judgment details

Judgment date

25 October 2022

Neutral citation

[2022] UKPC 38

Judgment links

Appeal

Justices

Lord Reed

Lord Sales

Lord Hamblen

Lord Stephens

Lord Pentland

Hearing dates

Start date

13 July 2022

End date

13 July 2022

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