The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

DOCTORS Hospital must pay $47,146 in damages to a former employee who was injured after trying to lift a 230lb patient onto a 60lb stretcher and into an ambulance.

The hospital must also pay the woman $30k in costs.

Samantha Colebrooke, 43, was employed as an EMT at the hospital for nearly six years.

“The plaintiff sustained an injury to her lower back on 27 August 2018 when she was required to lift a 230lb patient of the defendant’s onto a 60lb manual stretcher and into an ambulance with another female technician as part of her duties as an EMT (the “index accident”),” according to assessment of damages report by Deputy Registrar Renaldo Toote. “The plaintiff had bent down to lift the patient and stretcher when she felt a pull in her lower back.”

A judge made a consent order in the case on July 6, 2020, establishing that Doctors Hospital was liable.

“The plaintiff initially treated her injury at home with painkillers and returned to work despite feeling pain in her lower back which persisted through pain medication,” according to the deputy registrar.

“On 6 May, 2018, the plaintiff woke up with severe pain on her left side and called the emergency department of the defendant’s hospital. She spoke with Dr Ross O Downes and told him about the pain she was experiencing and that she had a painful lump on her left lower back. He advised her to attend the emergency department in person so that he could examine her.”

The woman was later diagnosed with Petit’s hernia/left interior lumbar triangle hernia and eventually underwent a procedure to address the issue.

“The plaintiff said that she experienced ‘the most pain she had ever experienced’ following the herniorrhaphy and hernioplasty and required hospitalisation for two days,” Deputy Registrar Toote wrote. “She further said that she continued to experience severe pain in her back area during her recovery period and that she was unable to do anything for herself; she required assistance going to the bathroom and doing basic functions.”

The woman said her visit to Doctors Hospital’s human resources department was fruitless. She had to use her insurance to cover her medical expenses and was given six weeks sick leave.

“While it is not pleaded in her statement of claim, the plaintiff said that she discovered she was one month pregnant after the index accident and was advised by her physician that due to the severity of her injury and the mesh inserted as part of the hernioplasty, it would be best not to go through with the pregnancy,” the report said.

Ms Colebrooke later underwent physiotherapy. When she finished the sessions, a therapist concluded she was equipped to return to work as an EMT in a modified capacity with restrictions on carrying, lifting, pulling or pushing tasks.

The woman was terminated on January 11, 2019.

“The plaintiff’s evidence was that, while on sick leave, she received a call from the defendant to inform her that her services were no longer required and she was given two weeks’ notice pay and severance pay,” the damages assessment report said.

Nonetheless, she continued to experience pain in the left side of her lower back. She later obtained industrial benefits from the National Insurance Board and now works for Emergency Medical Services under the Public Hospitals Authority.

A report from Dr David Barnett, an orthopaedic surgeon, was the lone expert report accepted as evidence of the woman’s condition.

Dr Barnett concluded that the industrial accident was not an isolated event but was precipitated by various events leading to the diagnosis of left-sided lumbar Petit’s hernia. He said the plaintiff experienced trauma before September 2014 which created conditions that predisposed her to the disease.

“The pre-existent and ongoing cumulative factors (the plaintiff’s weight, habits and pre-existing degeneration/damage) have a stronger relationship as to why the plaintiff developed disc herniation, with the index accident contributing the lesser percentage,” he concluded.

Ms Colebrooke sought an award of $158,655 for pain, suffering and loss of amenity. The defendant recommended an award of $12,500. Deputy Registrar Toote ultimately awarded her $18,000.

He declined to award her for future loss of earnings, loss of earning capacity, future medical treatment, surgery and therapy, finding the facts of the case did not support such an award.

However, he awarded her $28,810 for income lost from January 11, 2019 to April 27, 2020.