Three hospitals, two health authorities deny wrongdoing claimed in widow’s suit

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This article was published 30/11/2023 (671 days ago), so information in it may no longer be current.

THREE Winnipeg hospitals and two health authorities have asked Manitoba’s Court of King’s Bench to turf a lawsuit filed against them by a woman claiming her husband received substandard care and died as a result.

The suit names Health Sciences Centre, Concordia Hospital, St. Boniface Hospital, Winnipeg Regional Health Authority and Shared Health as defendants.

Darlene Demski filed the lawsuit April 3 as executor of the estate of husband Darrell Demski, who died in mid-August last year, age 69.

In a joint statement of defence filed in September, the hospitals and health agencies denied all allegations of wrongdoing, including claims the hospitals and agencies were negligent or breached their duties to Demski.

They asked the court to dismiss the lawsuit and award court costs.

Darrell Demski received treatment at all three hospitals following the discovery of a mass on his lung diagnosed as a malignancy in March 2022, the defence documents claim.

The initial statement of claim alleged the mass was discovered May 9, when Demski went to St. Boniface Hospital complaining about pain in his collarbone.

The defence, however, said Demski went there complaining about shortness of breath, was admitted and treated for the breathing issue until May 19.

The suit claims Demski was told by a doctor that he didn’t agree with the discharge, but the unit needed the bed — which the defence denies.

The statement of defence claims Demski subsequently went to HSC with shortness of breath and collarbone pain on May 31. At that point, the defence claims, he was found to have a fractured clavicle, possibly secondary to the cancerous lung mass.

The defence claims Demski was then transferred to Concordia after HSC doctors determined a low-acuity bed there would be better suited to manage his pain, before he developed low blood pressure and was taken to that hospital’s urgent-care clinic.

On June 3, the defence claims, Demski was taken to St. Boniface Hospital to manage a heart issue, which the lawsuit claims stemmed from an infection.

However, rather than St. Boniface medical professionals telling the Demskis that Darrell needed to recover from his infection before receiving cancer treatment, as claimed by the plaintiff, the defence contends doctors advised them that if his cancer was confirmed, all treatment would be aimed at controlling his symptoms and prolonging his life, not curing the disease.

It’s alleged he was given radiation treatment and palliative care before he was discharged Aug. 9. He died several days later.

Neither the defence nor the plaintiff’s arguments have been proven in court.

erik.pindera@freepress.mb.ca