C-Care, which owns the former Darné Clinic has admitted its fault in the death of a patient, twenty years after the event,
The case stemmed from medical negligence following surgery, where on-duty nurses were blamed, but the matter never went to trial. On January 26, the law firm ENS Africa communicated to Me Jean Christophe Ohsan-Bellepeau, who represents the Guimbeau family along with Me Rama Valayden: the acceptance of their client C-Care then known as Clinique Darné for their fault in the death of Patrick Guimbeau in 2004. This was just before the trial was set to take place on February 5, 2024.
On June 4, 2004, the deceased patient’s son, Eric Guimbeau wrote to the Ministry of Health requesting an investigation. The Ministry completed the investigation in a few months but did not share the report, following what they claim was a well-established policy.
It wasn’t until April 7, 2005, that the Ministry agreed to inform Guimbeau’s legal representative that the clinic was understaffed at the time of Patrick Guimbeau’s death and that the staff present were not “adequately qualified”.
In 2005, an inquiry led by Eric Guimbeau as a Member of Parliament, revealed details of the clinic’s staffing during the patient’s final hours, raising serious concerns.
The presence of interns instead of qualified nurses further highlighted the clinic’s inadequacies. Questions arose about the requirement for a resident doctor to be on-site, a matter that remained unclear amidst the ongoing investigation into the tragic incident.
The prolonged legal battle saw conflicting reports emerge, with discrepancies in the submitted evidence.
After repeated delays in court proceedings, C-Care agreed to settle the case out of court ahead of the trial. This decision came following mounting pressure and uncertainties surrounding the circumstances of the patient’s death, leaving many unanswered questions regarding the roles of medical staff and the clinic’s accountability.
It is worth noting that Me Maxime Sauzier, SC and Me Jaykar Gujadhur initially represented the Guimbeau family against Darné Clinic in 2004 but withdrew as legal representatives due to joining ENS Africa, which was representing C-Care.
ENS Africa assigned different lawyers to handle the case to avoid any conflict of interest.
Source: l’Express
