US woman must pay $4.5m to proceed with negligence suit against J'can hospital

An American woman suing Hospiten hospital and a medical doctor for alleged negligence is to pay $4.5 million as security to cover the defendants' legal fees to avoid her claim being struck out.

Supreme Court judge Justice Stephany Orr made on the order on May 28 following applications by the hospital and the doctor. 

Security for costs is the payment of money by a person who brings a lawsuit. It ensures that if they lose, the defendant can recover their expenses. It is common in cases where the person who is suing lives outside the jurisdiction and the defendant may find it hard to enforce any court order.

Irina Albertovna Kalbus, who lives in the United States of America, filed the lawsuit against Hospiten and Dr Roberto Ledo Battle on March 23, 2023. 

The security for costs is to be paid within 45 days or by July 15. “Unless the security for costs is paid as ordered herein, this claim is struck out against each defendant without the need for the further order of this court,” the judge ruled.

The money is to be held in an interest bearing account in a financial institution in the names of the attorneys representing the parties.

The parties are to return to court on July 17 for case management conference.

The hospital is located in Montego Bay, St James and is operated by the Spanish-owned group Hospiten.

Kalabus is seeking damages for negligence and breach of contract.

She alleges that Hospiten administered an intramedullary nail fixation/ surgery at its hospital on December 21, 2017 and that both defendants were negligent in the treatment they administered and she has suffered loss and damages.

Intramedullary nailing is surgery to repair a broken bone and keep it stable.

The hospital and the medical doctor have filed defences in which they have denied liability and  applied for security for costs.

Through his attorneys, Dr Battle argued that his defence against the claim has a "good prospect" of success, and if he won, the former patient had no assets in Jamaica to settle. 

He also contended that he had already incurred legal fees to defend the claim and if the matter goes to a three-day trial, the estimated fees would be $6.5 million. 

Battle is being represented by King's Counsel John G. Graham and attorney Peta-Gaye Manderson 

Hospiten raised similar arguments. Its lawyers said the fees would be around $5 million.

Attorneys-at-Law Stuart Stimpson and Sashara Eccleston, instructed by Hart Muirhead Fatta, are representing Hospiten.

However, the claimant argued that granting the order for security for costs would stifle her attempts to bring the lawsuit. 

But Justice Orr said in the absence of any evidence on her financial circumstances and how the granting of the order would stifle her claim, she had nothing to weigh against the defendants' evidence.

The judge said the order was necessary because the claimant is not resident in Jamaica and has no assets here and the defendants would likely incur additional expenses to recover any costs awarded to them. 

Of the $4.5 million, $2 million is costs for Hospiten and the remaining $2.5 million for Dr Battle.

-Barbara Gayle

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