Court clears doctor of negligence
While violent crime seemed to have taken the day off, there was no shortage of drama in the civil section of the Supreme Court. The case of Mike Williams versus Doctor Atanascio Cob and Universal Health Services alleging gross professional negligence came to a dramatic conclusion this afternoon, when Justice Samuel Awich ruled in favour of the defendants. Williams had accused Dr. Cob, and by extension his employers, of negligently perforating his oesophagus in June 2002, wrongful diagnosis of his ailment, and negligently prescribing treatment and medication. Williams claimed that the alleged negligence caused him much pain, huge medical bills and loss of earnings amounting to over a million dollars. He also sued for punitive damages. Justice Awich dealt with each point of the case individually, referring to similar judgments handed down across the Commonwealth. After the verdict, News 5’s Patrick Jones got reaction from defence attorney Phillip Zuniga.
Phillip Zuniga, Attorney for Dr. Cob
“The judge found totally that Dr. Cob was not negligent at all. On the issue of whether he had perforated the oesophagus, there was not sufficient evidence to find that that was so. On the issue of whether there was in fact a tumour, the judge found that Dr. Cob was within his professional competence that in looking into the oesophagus the way he did, what he found there, he saw what seemed to be a tumour and did what the ordinary skilled doctor would have done under the circumstances.”
Patrick Jones
“What happens now?”
Phillip Zuniga
“Well, we say thank God. Dr. Cob has been vindicated. He has always assured me that when his client had gone to him he did the best he could under the circumstances; I guess Dr. Cobb can go home now and relax with his family because he has been vindicated.”
Patrick Jones
“The court also found that when Mr. Williams refused further treatment by Mr. Cob, he basically took things into his own hands against professional advice?”
Phillip Zuniga
“Yes that is correct, because what in fact the judge said is that had he found against Dr. Cob, he felt that he would have had to find that Mr. Williams was contributory negligent in terminating the process and going off to the United States. He suggested that Mr. Williams was the one who took his own wife?s advice to do this. He is not blaming the wife because he thinks the wife was well meaning, and I understand that. She was well meaning, but wrong, unfortunately.”
Fighting back what must have been tears of happiness, Cobb told News 5 that justice has prevailed.
Dr Atanascio Cob, Ear, Nose, and Throat Specialist
“I have been through a lot of pain and suffering and a lot of people believed the false allegations that were made in the newspaper. I had to take a lot of suffering with that because I knew it wasn’t true, it was false. And I would like to express my sincere thanks to all the patients and friends that called to support me in this type of agony that I went through these months. I did lose a lot of patients, but a lot of people have confidence in me. I have been here in Belize for the last twelve years practicing as an ear, nose, and throat specialist. And it’s not really my nature to seek vengeance or to be paid, I feel good that justice was done. I knew that I had done the correct things; I knew that my conscience was well. I reviewed the procedure over and over and I didn’t see how I had done something negligently, and that is the reason I decided I should go to court with this case.”
Mike Williams was represented by the law firm of Barrow and Williams. Neither the plaintiff nor his attorney were available for comment. It is not known if the decision will be appealed.
