Judge ‘satisfied’ with hospital deaths testimony |27 February 2010

Ms Elizabeth-Fred died on January 1, shortly after she was diagnosed with pulmonary oedema. President James Michel then appointed a commission of inquiry led by Judge Fernando, who began listening to the testimonies on Monday.
After hearing around 39 witnesses, including relatives, medical officers and patients on the ward at the time of the incident, Judge Fernando said he is well satisfied with how the inquiry has developed so far.

“A lot of issues had to be taken into consideration in relation to this inquiry,” he said.

“These include establishing whether there was any case of medical negligence on the part of the hospital. This commission of inquiry will also look into other subjects such as the Constitution, especially in matters of establishing what it says on the right to life of an unborn child.

“I will also look into the rights of patients in the protection of their health and promotion of individual responsibility in health matters, as well as the right of the patient to information and involvement in the decision-making process concerning his/her medical condition and treatment.”

Judge Fernando said he has also sought the opinions and testimony of doctors and medical staff not involved in the case, including physicians, obstetricians, anaesthetists, midwives and nursing assistants, and has consulted all the medical notes on Ms Elizabeth-Fred written at the time.

He has now started writing his report, which will contain his findings and recommendations, and will hand this over to President Michel on June 12.