Legal expert says malpractice fights tough to win when Canadian hospitals get it wrong
A legal expert says suing for medical malpractice can come with a long list of challenges.
The comments come after a Nova Scotia woman says she was wrongly told she had terminal breast cancer just weeks after being told she had no traces of the disease.
'It really matters whether or not somebody fell below the standards they were supposed to meet,' said Wayne MacKay from Dalhousie law school.
'You'd have to find out: how does this normally get done? What's the normal practice? What did they do in this case? Did they fall below what was a reasonable standard? And that's probably the key thing.'
This week, Gabriella Patey told Global News that Halifax's IWK Health Centre made several errors when delivering her breast biopsy results.
Story continues below advertisement
2:58
Nova Scotia woman demanding answers after breast cancer misdiagnosis
On May 17, the hospital said her results were all clear. Then two weeks later, she was informed she had advanced-stage breast cancer — giving her about 10 months to live.
Get breaking National news
For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up
By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy
But then just days after that, she was told the positive results were sent in error and the terminal diagnosis was meant for someone else.
'I'm still completely traumatized from the whole experience. I still feel it now. I feel like I'm outside of my body,' she said.
Patey says she's receiving legal advice about the best path forward. According to MacKay, medical malpractice is a high standard to meet.
He says a civil action lawsuit would rely on whether there's proof the IWK operated below professional standards when handling the test results.
Story continues below advertisement
'They've admitted she got a wrong diagnosis and that's a very serious matter, but that in itself isn't enough,' he said.
'She has to show that that happened in a way that was negligent. They didn't follow all the normal procedures or they did something or somebody did something that was inappropriate.'
He says the psychological impacts of a false diagnosis could carry weight in court.
'The court has now evolved to the point where they do recognize that psychological damage is a serious matter too,' he added.
Patey received a verbal apology from the IWK on Tuesday. She says she was promised written confirmation of the hospital's wrongdoing by Wednesday morning, but still hadn't received it by late afternoon.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Global News
5 hours ago
- Global News
Former AHS CEO asks for speedy ruling in lawsuit against Alberta government
A former health-care agency leader is asking a judge to deliver a quick decision on her wrongful dismissal lawsuit against the Alberta government, but the province says it will push back. Athana Mentzelopoulos, the former CEO of Alberta Health Services, or AHS, has applied for a summary judgment on the legality of her January firing, which would avoid sending the case to trial. Mentzelopoulos first filed the lawsuit in February, alleging that Adriana LaGrange, the province's health minister at the time, tried to shut down an investigation into questionable multimillion-dollar health services contracts and then engineered the CEO's dismissal. The claims of corruption and high-level arm-twisting have sparked multiple investigations, including by the RCMP, the province's auditor general, and a former Manitoba judge hired by the government. Story continues below advertisement Mentzelopolous' latest application, filed in Court of King's Bench in Edmonton this week, alleges LaGrange called a meeting to try to have the AHS board fire Mentzelopolous, but some directors refused. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Mentzelopoulos says in a sworn affidavit she believes her claims will be confirmed by former board members if the court compels them to testify under oath as part of the application. 'I was told that when Minister LaGrange was asked why she wanted me terminated, she could give no substantive reason and gave none,' she says. Mentzelopolous alleges that Andre Tremblay, who was on the board and the deputy minister of health at the time, was then directed by LaGrange to fire her. 'I had only positive performance reviews. To my knowledge there was nothing negative at all on my personnel file up to and including the day my employment was improperly terminated by Mr. Tremblay acting without AHS authority,' Mentzelopolous says. Mentzelopolous says by directing Tremblay, LaGrange overstepped the authority of AHS directors. Maddison McKee, LaGrange's press secretary in the new ministry of primary and preventative health services, said in a statement the reasons for the former AHS CEO's dismissal are clearly outlined in the government's statement of defence. 'The government will be vigorously opposing the former CEO's most recent application as it is legally baseless and contains a litany of misinformation and false claims.' Story continues below advertisement The entire board was dismissed soon after Mentzelopoulos was fired. In a statement of defence filed in March, the government said Mentzelopolous was fired not for investigating contracts, but for being an 'alarming' failure at her job. It also alleged Mentzelopolous was stifling mandated health-care reform in order to retain the power and 'personal prestige' of her position. LaGrange's statement said proper procedures were followed and that weeks prior to Mentzelopolous being dismissed, the AHS board chair signed off on the decision. Premier Danielle Smith's United Conservative government has been aggressively restructuring the public health-care system, establishing four separate health-care ministries along with four new sector-specific agencies. Once the provincial health authority, AHS is being reduced to a hospital services provider. LaGrange's defence called Mentzelopolous' account a 'dramatic tale and false narrative' meant to squeeze more money out of the government on top of an annual salary approaching $600,000. Mentzelopoulos was fired one year into a four-year contract. She is seeking $1.7 million in lost pay and damages, while LaGrange is asking that the suit be dismissed. None of the allegations from either side have been proven in court. In a March statement, Mentzelopolous said 'an army of lawyers' had been hired to defend the government. Story continues below advertisement 'I am worried there's a strategy to try to bring me to my knees financially, so I hope we can skip oral questions and proceed directly to trial,' she said at the time.
Global News
10 hours ago
- Global News
Canada's fentanyl czar says border bill will help in fight against drug
Canada's fentanyl czar says the fight against the deadly opioid would get a boost from proposed new tools for law enforcement in the Liberal government's recently tabled border bill. Kevin Brosseau, the federal point person on fentanyl, welcomes provisions in the Strong Borders Act to increase inspection powers, give police easier access to information, crack down on money laundering and improve control of chemicals used to make the drug. Brosseau was appointed fentanyl commissioner in February in response to the White House's vocal concerns about the southbound flow of the synthetic opioid into the United States — criticism it used to justify tariffs against Canada. In an interview, Brosseau said Canada is 'not the significant source' of fentanyl entering the United States, but reiterated his stance that being the source of any of the drug is a concern because small amounts can have devastating effects. Story continues below advertisement Brosseau, a former senior Mountie, said his American counterparts have expressed 'deep appreciation' for Canada's efforts to address fentanyl, given the U.S. focus on hardening the border and protecting the homeland. He said they want to take additional steps in 'a collaborative approach' with Canada to address any gaps in areas such as information sharing. As a result, Brosseau said, his message of integrating and amplifying the work on fentanyl north of the border 'has been well received' by the Americans. 0:25 Anandasangaree introduces bill aimed at tightening border security, immigration system 'We know domestically, in communities across this country, there is a problem with fentanyl production, supply, trafficking and use,' he said. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy An average of about 21 people a day are dying in Canada from using the drug, 'and that's what incentivizes me to act and do something.' Story continues below advertisement The Liberal government's wide-ranging border bill has drawn pointed criticism from civil libertarians and refugee protection advocates. The legislation contains several elements Brosseau sees as helpful in tackling fentanyl, including a requirement that owners and operators at certain ports provide facilities for the Canada Border Services Agency to examine and detain goods bound for export. The bill would also remove barriers that prevent police from searching mail to advance a criminal investigation, where authorized to do so under the law, and expand Canada Post's inspection authority to open mail. The legislation would also make it easier for authorities to access information about internet subscribers, enable the health minister to more rapidly control precursor chemicals that can be used to produce illicit drugs and introduce new restrictions on large cash transactions. Brosseau suggested a comprehensive approach is key because, otherwise, fighting fentanyl producers and traffickers becomes a game of whack-a-mole, with a new vulnerability popping up as soon as one is eliminated. 5:18 Canada's new fentanyl czar looks to satisfy Trump's border demands 'Criminal organizations are incredibly adept at figuring out what the weak points are, and when the weak points are found, they will be exploited until you close it off,' he said. Story continues below advertisement The proposed legislation builds on earlier Canadian border security measures, including the introduction of round-the-clock border surveillance using helicopters, drones and towers. Ottawa is also working with Washington on a North American 'joint strike force' to target organized crime groups that work across borders. Overall, Brosseau is taking a broad view of the fentanyl problem, stressing the need to hold those who profit from the drug accountable and make sure authorities have the needed tools, while also putting programs in place to help addicted people find a path to recovery. 'I call it an all-of-society approach,' he said. 'And the conversations I have with everybody (are) that there are no free rides in this.' Brosseau said the scourge of fentanyl and other opioids has become a concern on his street among 'parents like me' — part of a larger national conversation. He said he's in a position to provide some comfort and security to fellow parents worried about their children who might be exposed to drugs, and solace to those who are going through heartache by showing 'that we're going to do something about it.'
Global News
18 hours ago
- Global News
N.B. legislature says gender-based violence an epidemic in unanimous vote
Clarification: The N.B. legislature says gender-based violence is an epidemic, not the government of New Brunswick, after a motion was supported by all provincial MLAs last week. The New Brunswick legislature says gender-based violence is an epidemic. The motion, introduced by PC MLA Tammy Scott-Wallace, was unanimously adopted in the legislature on Thursday. This comes after more than 20 organizations wrote an open letter calling on the province to make the declaration. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'Naming a crisis an epidemic is not symbolic, it is strategic, so people can get the resources we need,' said Scott-Wallace. 'It is putting a proper name to a problem that needs to be addressed.' According to the most recent available data from 2023, New Brunswick has the third highest rate of intimate partner violence reported in the country. Story continues below advertisement The province saw an almost 40 per cent increase over a 12-year period, with rural communities being particularly affected. Nova Scotia is the only province in Canada that has officially declared gender-based violence is an epidemic. The government of New Brunswick must still officially declare IPV an epidemic to match what Nova Scotia did.
