Barbara Gayle, Staff Reporter

The Supreme Court has ordered the Government to pay more than $5 million with interest to 35-year-old farmer Howard Genas, whose right leg was amputated due to negligence.

Genas' leg was amputated in September 1995 because of the negligence of medical staff at the Black River Hospital in St. Elizabeth.

Genas, of Accompong Town, St. Elizabeth, who was represented by attorneys-at-law Janet Taylor and Kadia Wilson, sued the Attorney-General, the Black River Hospital's board of management, and Dr. Kichawele Daudi Mshana to recover damages.

Genas said on September 9, 1995, he fell from a motorcycle and injured his right leg. He was taken to the Black River Hospital where he was admitted.

He contended that Dr. Mshana and other members of staff failed to use reasonable care, skill and diligence in the treatment and advice which they gave him. Genas was transferred on September 18, 1995, to the Kingston Public Hospital (KPH), where his right leg was amputated on September 20, 1995.

Lack of care

Mr. Justice Roy Anderson found that Genas lost his leg because of lack of care provided by the defendants at the Black River Hospital. The judge also noted that the claimant's original docket at the Black River Hospital had not been found.

The judge said Dr. Mshana ought to have known that the specialist care which was required for Genas' problems was only available at the KPH or the Cornwall Regional Hospital. The judge said he was satisfied that there had been a breach of duty of care owed by Dr. Mshana to the claimant.

Genas testified in the Supreme Court that his leg was swollen when he was admitted to hospital and Dr. Mshana had advised him that he would not be able to do anything to the leg until the swelling had abated.

He said on the first day when he was in hospital, he was in severe pain and he complained to the nurse on duty but he got no medication. He said the following day his injured leg was X-rayed and Dr. Mshana gave him a prescription. He said he was told that because his leg was 'cold' he would need to get a blanket from home to cover the leg, presumably to keep it warm. He said he was unable to get the blanket and Dr. Mshana got one for him.

No feeling

He said he spent nine days at the Black River Hospital and during his stay there, he made repeated requests to be transferred to the KPH and was advised that there were "more dogs than bones at KPH," so he would not be sent there.

After the third day of hospitalisation, he noticed that his leg "started getting black." He said by the fifth day, the leg had no feeling and when he told Dr. Mshana, he was advised to just keep the blanket over the leg.

On the ninth day, he showed his leg to his brother who became upset and because of his brother's behaviour, the hospital decided to transfer him to the KPH.