Genas, Howard v The Attorney General of Jamaica, THe Black River Hospital Board of Management & Dr. K.D. Mshana

IN THE SUPREME COURT OF JIJDICATURE OF JAMAICA

IN COMNION LAW

SUIT NO. C.L. 1996 GI05

BETWEEN HOWARD GENAS C1 ,AIMANT

AND THE ATTORNEY GENERAL 1" DEFENDANT

OF JAMAICA

AND THE BLACK RIVER HOSPITAL 2nd DEFENDANT

BOARD OF MANAGEMENT

AND DR. K.D. MSHANA 3rd DEFENDANT

Mrs. Janet Taylor and Ms. Kadia Wilson instructed by Taylor, Deacon and James for the

Claimant; Mr. Curtis Cochrane and Ms. Rolande Price instructed by the Director of State

Proceedings for the Defendants.

Heard Februarv 16 and 17,2006 and October 6,2006

Medical Negligence - Allegation of doctor's negligence through inaction;

Applicability of the Test in Bolam v Friern Hospital Management Committee;

whether test now modified by doctor's duty to provide information to patient.

CORAM: ANDERSON J.