Court Rules in Favour Of Ministry
Asaeli Sauleka injured his left knee when a tree fell on his leg in August 2003 and was admitted and treated at the Savusavu hospital. However, he then filed for compensation claiming that doctors based at Savusavu failed in their duty to properly diagnose his injuries and hence the actual permanent disability that he is suffering today.
However, in his ruling Judge Justice Thomas Hickie stated that the expert evidence does not support the claims that there was negligence in the treatment received by Sauleka whilst a patient at the Savusavu hospital and there was no breach of the duty of care.
Judge Hickie said there was no evidence to support Sauleka's claims as to his attendance for subsequent reviews at the Savusavu hospital as the Hospital records speaks for itself that Sauleka did not come back for reviews as required.
He said Sauleka, by not attending the reviews, meant that the question of referring Sauleka to an orthopedic surgeon, once the swelling had subsided could not be considered further.
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