Attorney General of St Helena vs Moyce

This case involved a clinical negligence claim relating to cataract surgery performed on Mr. George Moyce at Jamestown General Hospital in St Helena, where the wrong intraocular lens was implanted due to patient misidentification.

TLDR:

• Mr. George Moyce underwent cataract surgery where the wrong intraocular lens was implanted.
• The mistake was identified the next day, and corrective surgery was performed six days later.
• Mr. Moyce experienced ongoing effects and permanent injury, including light sensitivity.
• Summary judgment was previously entered in favor of Mr. Moyce for the initial negligence.
• The trial addressed remaining issues of residuary liability and damages.

The plaintiff, Mr. George Moyce, underwent cataract surgery on December 13, 2017, at Jamestown General Hospital, where the wrong strength intraocular lens (IOL) was implanted in his right eye due to a misidentification error. The mistake was discovered the following day, and corrective surgery was performed on December 19, 2017. Mr. Moyce complained of ongoing effects and permanent injury, including increased sensitivity to light.

Summary judgment on liability was previously entered in favor of Mr. Moyce, with damages to be assessed. The trial before Chief Justice Rupert Jones on October 24, 2022, using video technology, addressed the remaining issues of residuary liability and damages.

Neither Mr. Moyce nor his litigation friends attended the hearing, believing the St Helena justice system to be unjust. Despite their non-cooperation, the court proceeded to ensure a fair trial and determine the extent of damages.

The court considered evidence from medical experts and witnesses, including Mr. Clare and Dr. Milian, who provided testimony on the medical treatment and aftercare provided to Mr. Moyce. The court also reviewed expert reports from Dr. Lefkowitz and Mr. Quah.

The court found that the initial surgery breached the duty of care by implanting the wrong IOL, causing more than minimal damage. However, the court did not find negligence in the subsequent corrective surgery or other aspects of care provided by Dr. Tavcar, except for the failure to increase the frequency of eye drops post-surgery, which prolonged inflammation and recovery time.

The court awarded general damages of £18,673.20, including interest, for pain, suffering, and loss of amenity, and special damages of £3,745.11 for travel and medical expenses incurred due to the negligent aftercare. The total award was £22,418.31.