Dr Kongsheik Achong Low (Appellant) v Brian Lezama (Administrator of the Estate of Karen Lezama, Deceased) (Respondent) (Trinidad and Tobago)
Case ID: JCPC 2018/0105
Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago
Case summary
Issue
The main issue arising on appeal is whether the Court of Appeal was correct to find that the Appellant’s negligent treatment caused the death of the Respondent’s wife.
Facts
In April 2003, Mrs Lezama (the Respondent’s now deceased wife) was 36 weeks pregnant. Following complications, Mrs Lezama was admitted to hospital and treated by the Appellant, a specialist obstetrician and gynaecologist. Mrs Lezama bled significantly after a stillbirth delivery. Her condition deteriorated and she later died. The Appellant identified Disseminated Intravascular Coagulopathy (a condition in which small blood clots develop throughout the bloodstream) as the primary cause of her death and post-partum haemorrhage as the secondary cause. The Respondent filed proceedings claiming that the Appellant’s negligent treatment was the cause of Mrs Lezama’s death. The courts below found in his favour. The Appellant now appeals to the Board.
Parties
Appellant(s)
Dr Kong Sheik Achong Low
Respondent(s)
Brian Lezema (Administrator of the Estate of Karen Lezema, Deceased)
Appeal
Justices
Lord Hodge, Lord Kitchin, Lord Leggatt, Lord Burrows, Dame Nicola Davies
Hearing start date
25 January 2022
Hearing finish date
26 January 2022
| Watch hearing | ||
|---|---|---|
| 25 Jan 2022 | Morning session | Afternoon session |
| 26 Jan 2022 | Morning session | |
Judgment details
Judgment date
9 May 2022
Neutral citation
[2022] UKPC 15