A funeral planner from Tobago is threatening to take the Tobago Regional Health Authority (TRHA) to court for medical negligence and assault after she claims a botched keloid surgery in 2022, left her with burns to her neck and back, while part of the cartilage of her ear was left exposed.
Attorneys for Timika Joseph, 23, have given the authority 21 days to propose a settlement, or seven days to respond to their pre-action protocol letter.
Representing her are attorneys Michael Rooplal, Saira Lakhan and Jamie Amanda Maharaj.
In the letter, Maharaj said Joseph suffered from the ordeal with took place on August 9, at the Scarborough General Hospital where she went for surgery to remove keloid scars on her right ear.
Maharaj said Joseph only consented to local anaesthesia being used and a few minutes into the surgery she began feeling every incision of the scalpel. When the pain worsened, as the surgery continued, she asked that it be stopped but was told it could not.
“Our client attempted to bear the pain and tried to remain calm while reassuring herself the surgery will come to an end soon enough.
“This was futile as the pain increased exponentially and the unease and discomfort experienced by our client was unbearable.”
She was then sedated, without her permission, although she insisted she wanted the procedure to stop.
When Joseph woke up, she felt burning to her neck, back and ear, was not given an update on the surgery and was only told there was a “mishap” and she suffered alcohol burns, the pre-action letter alleged.
The letter said she was told to visit the hospital's quality control department and an official there apologised for the incident, telling her the burns were caused by mishap and it was noticed the drapes and hospital pad she was lying on sparked a flame while the device being used the cauterise the area was being used.
The letter said the burns became infected and she experienced gnawing pain and severe discomfort.
Joseph was forced to private medical care in Trinidad for her injuries. She had to have a pinnaplasty procedure done on her right ear to cover exposed cartilage, was administered steroid injections to prevent keloid recurrence and prescribed topical and oral antibiotics.
She also had to visit a plastic, reconstructive surgery and burns specialist who said she must have the keloid on the right ear re-sutured while the neck burn area is deeper and there was a deep injury to the right ear with loss of protective skin. She continues to see the burns specialist.
In the letter, Joseph’s attorneys have set out the particulars of the negligence they say the TRHA is liable for assault on their client. They have also set out the pain and suffering she suffered and costs of her having to seek private medical treatment, inclusive of the travel expenses all of which she wants reimbursed.
The letter said she is unable to sit, sleep, bathe or comb her hair and had to take time off from her job at the funeral home to seek treatment.
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