Lawsuit targets provincial health system, tardy paramedics in post-surgery death

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This article was published 19/06/2023 (811 days ago), so information in it may no longer be current.

A Gilbert Plains resident is suing the health system and first responders following the death of his wife two years ago, alleging hospital staff and paramedics failed to respond urgently and that COVID-19 protocols banning medical escorts did more damage.

Elizabeth Wiwcharuk, 78, died after suffering a common side-effect from surgery that went undetected for more than 12 hours and led to her death in June 2021, according to her husband’s claim for damages.

Donald Wiwcharuk has filed a statement of claim against the Health Sciences Centre, the Winnipeg Regional Health Authority, Shared Health and the Winnipeg Fire Paramedic Service. The claim was filed in Manitoba’s Court of King’s Bench last Friday and has not been tested in court. It argues Wiwcharuk’s estate is entitled to financial damages under the Fatal Accidents Act because of his wife’s death from cardiogenic shock and sepsis which, the claim states, “would not have arisen but for the defendants’ negligence in failing to identify and respond to her worsening condition.”

Elizabeth Wiwcharuk had a scheduled endoscopy on June 18, 2021, which was part of the non-urgent monitoring of her throat condition, Barrett’s Esophagus, and a gastroscopy was performed at the same time. She suffered a perforated bowel during the procedures, but it wasn’t caught until she was critically ill.

Her daughter in Winnipeg, Shonna Newans, accompanied her to the hospital that day, and asked a nurse to examine her mother after the procedure because she was complaining of pain in her side. The nurse didn’t do the exam, and told Newans to take her to her family doctor, the claim states. She was prescribed antibiotics at a walk-in clinic later that day, but the pain worsened, and eventually a HealthLinks nurse advised the family that she needed to go to the ER.

They waited more than two hours for an ambulance to arrive to take her to HSC. Newans, who accompanied her mother to all medical appointments, wanted to go in the ambulance with her but was told she wasn’t allowed. A paramedic told her she wouldn’t be allowed inside HSC’s ER, either, because of COVID-19 restrictions in place.

That is part of the reason the bowel perforation wasn’t detected earlier, the claim states. Newans tried but wasn’t able to inform medical professionals about the procedures her mother had undergone the previous day, the claim states. When Newans called the ER, she spoke to a frustrated nurse who said she, alone, had nine patients under her care and was too busy to talk on the phone.

HSC, the WRHA and Shared Health had a responsibility to make sure COVID-19 policies were necessary, including any policy “preventing the attendance of medical escorts who possess vital medical information about vulnerable patients with limited ability to self-advocate,” the claim argues. It alleges the Winnipeg Fire Paramedic Service dispatch didn’t log the call for an ambulance as “urgent,” and that an ambulance showed up only after Newans called 911 a second time, leading to unacceptable and, ultimately, fatal delays. The claim accuses the fire paramedic service and the health authorities of breaching their duty of care.

“Even when there were strong indications that Liz’s status was swiftly deteriorating, the defendants did not intervene until Liz’s condition was critical,” the claim states.

Don Wiwcharuk’s lawyer, Jesse Rock, declined to comment on the statement of claim as it’s now before the court. No statements of defence have been filed. The Free Press has reached out to Shared Health, WRHA and the fire paramedic service.

katie.may@winnipegfreepress.com