Not responsible for senior’s death, WRHA claims in court papers
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The Winnipeg Regional Health Authority argues it can’t be held responsible after a senior died in hospital days after she fell at a city care home.
Bruce King, the son of 92-year-old Hazel King, filed a lawsuit last summer on behalf of her estate against care home operator Extendicare, and the WRHA.
The claim filed in the Court of King’s Bench alleges the care home and health authority — which oversees care homes — breached their duty to ensure King’s well-being and safety.
JOHN WOODS / THE CANADIAN PRESS FILES
A recent lawsuit alleges a 92-year-old Winnipeg care home resident wasn’t examined for injuries after she fell at the Charleswood facility. She later died.
She died in the Grace Hospital on Aug. 29, 2023, after she fell at Extendicare Charleswood and was transferred to another care home before she was assessed for injuries, the lawsuit alleges.
The court papers accuse the WRHA of failing to conduct adequate inspections or assessments of the care homes and of failing to provide proper guidelines on how to respond to falls and injuries.
The WRHA argues it didn’t owe any duties to King and that her son does not have a valid legal case.
The health authority, in a statement of defence earlier this month, said it is not responsible for the care home or the provision of the care to its residents, though it does provide funding to the operator.
“This defendant denies that it owed any duty to the plaintiff as alleged and denies that the plaintiff possesses any cause of action against it for the matters alleged,” reads the April 1 defence filing.
The WRHA has asked the court to dismiss the claim against it and grant it legal costs.
King began living at Extendicare Charleswood on Roblin Boulevard on July 7, 2023.
She fell at the home on Aug. 23 and broke four ribs, then was transferred to Extendicare Maples on Aug. 24 without being assessed for her injuries, the lawsuit claims.
She died in hospital after staff at the Maples home eventually discovered she was injured, her son’s lawsuit says.
She had haemophilus influenzae pneumosepsis, which is an infection of the bloodstream, but her son’s court papers say the material cause of her death was the fall and subsequent injuries.
Extendicare has not yet responded to the claim in court.
erik.pindera@freepress.mb.ca
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
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