Clarke,Tanya (Nee Tyrell) v Dr. Soe Win, etal

Case Number: 
C,L 2000/C164
Date of Delivery: 
26.08.2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQUITY
SUIT NO. CL 2000lC164
BETWEEN TANYA CLARKE (nee TYRELL) PLAINTIFF
AND DR. SOE WIN lST DEFENDANT
AND DR. BENNET zND DEFENDANT
THEATTORNEYGENERAL
-
3RD DEFENDANT
Dennis Goffe, Q.C.,in structed by Myers, Fletcher & Gordon for the plaintiff.
Mrs. Monique Harrism-Bec-nstructed by Director of State Proceedings for
the defendant.
Heard on: 2db. 21" Seotember: sth October 2001 and 26th August 2002
. . L
Assessment of Damages.
Campbell J
On the 1" June, 1995 the plaintiff, then aged 19 years, attended on Dr. Mary
-
' Sloper, Family Practitioner. ShFCbrnplained -of having experienced severe
abdominal pains for the "last four days". On examination Dr. Sloper reported that,
"she had a large smooth tender mass in the leR lower abdomen extending tip
almost to the umbilicus." Sloper testified that she suspected a large ovarian cyst
and referred her to a private gynaecologist. The health arrangements with Courts
(JA) Ltd., where the plaintiff was employed, would not facilitate her treatment by a

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