Fraser Health wants whistleblowing ER doctor's lawsuit thrown out

Global News

3 days ago

Fraser Health has filed its response to a lawsuit from a whistleblowing emergency room doctor, and it wants to see the case dismissed.
Dr. Kaitlin Stockton filed the suit earlier this year, claiming the health authority singled her out and retaliated against her after she publicly highlighted unsafe working conditions and hospital overcrowding.
In November of last year, Stockton posted a notice in the ER waiting area of Eagle Ridge Hospital in Port Moody, warning patients of a shortage of capacity and resources.
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The suit claims that Stockton obtained permission from her local department head to post the notice, but that instead of addressing the problematic conditions, the health authority issued a statement calling the signs 'false,' then used CCTV footage to identify her, then to allegedly threaten her right to work in the hospital and to file a complaint with her regulator.
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In its response to the suit, Fraser Health argues the court does not have the jurisdiction to hear the case, and says it should instead be dealt with through internal arbitration and mediation.
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Stockton, however, told Global News she deliberately filed the suit in the court system with the goal of ensuring transparency.
'There's been huge public outcry about this case, and, unfortunately, it hasn't really moved the needle — we continue to see outrageously unsafe conditions for patients, for providers,' she said.
'This just puts extra scrutiny on that reality that we're facing right now, so I think it's in the best interest of Fraser Health to make this story go away.'
Kathryn Marshall, Stockton's lawyer, said it's common for large companies and organizations to push for private arbitration, which she said can keep sensitive or controversial information from reaching the public.
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She contrasted that with the Canadian court system, in which both court proceedings and documents filed in court are open and accessible to the public.
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'So I think the question that needs to be raised to Fraser Health authority is why? Why are they trying to take this case out of the public sphere and have it dealt with behind closed doors? What's the reason?' she said.
'I think the answer is obvious to me, but I'd like to hear them say it, which is that they don't want public scrutiny or exposure on the issues that are in Dr. Stockman's case. They want to hide that.'
Earlier this week, the emergency room at Delta Hospital was closed overnight with short notice, the latest in an ongoing series of ER closures and diversions throughout the province.
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Those closures have typically been attributed to a shortage of available physicians or nurses.
Stockton said she remains compelled to speak out publicly because the province's health care system is in 'freefall.'
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'We're no longer dealing with cracks in the foundation, like the roof has fallen in. This is unacceptable,' she said.
'And unfortunately, it's going to get worse unless health authorities and our government, first of all, acknowledge that there is a problem and secondly, pour all of their resources and energy into retaining the physicians and nurses that we have … who are leaving in record numbers because the workplace is not safe.'
Asked for an interview, Fraser Health said it did not comment on pending litigation.
–with files from Rumina Daya