Court Refuses To Restore Doctor’s Appeal who Lost Malpractice Lawsuit

NASSAU, BAHAMAS – The Court of Appeal has refused to restore a doctor’s appeal against a medical malpractice finding. 

In 2019, Justice Ian Winder found that Dr Anthony Carey breached his duty of care to a patient on whom he performed fibroid removal surgery.

During the procedure, an injury to the patient’s adherent bowel were observed and repaired.

Following the surgery, the patient developed a rapid heartbeat and respiratory failure, which later determined to be caused by fecal contamination in the peritoneum.

Justice Winder found that the injury was caused by the procedure and was missed by Dr Carey.

The judge found that the management of the patient’s care fell below the standard expected in the circumstances.

Dr Carey filed a notice to appeal against Justice Winder’s decision on May 13, 2019.

However, the appeal was struck out after Carey’s lawyers failed to settle the record and pay a bond of $2,500 within 45 days.

On June 28, 2022, two and half years after the appeal was struck out, Carey filed a motion seeking to have the appeal restored.

In rejecting the application, the Court said that Carey had not shown any good or sufficient reason why his appeal should be restored years later after it has been struck out.  

The Court said that Carey would have faced an uphill battle in persuading an appellate court to overturn Justice Winder’s finding.

The Court said, “This is buttressed by the views of the applicant’s own professional indemnity insurers who “had serious concerns with the likelihood of success of the appeal”.