Doctor says misdiagnosis claim in patient’s lawsuit false

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This article was published 19/03/2025 (224 days ago), so information in it may no longer be current.

A doctor in The Pas who’s been accused of misdiagnosing a man’s appendicitis as a hangover, forcing him to seek care in Winnipeg, has denied the allegations in court filings.

Justin Flett, a man in his mid-40s who has status with Tataskweyak Cree Nation but lives in Winnipeg, alleged in a December lawsuit he was misdiagnosed, which forced him to take an 11 1/2 hour bus ride to Winnipeg, where he waited in hospital for hours in agony.

Flett said his appendix burst while awaiting care in January 2023, leaving him with lasting health problems.

The lawsuit names the Northern Health Region, Winnipeg Regional Health Authority and Dr. Navrup Aery at St. Anthony’s General Hospital in The Pas as defendants.

In a statement of defence filed last week, Aery argued there were no signs or symptoms of severe abdominal pain when he examined Flett.

“Dr. Aery denies all allegations of negligence. In providing care to the plaintiff, Dr. Aery exercised appropriate skill, judgment and care to be expected of a medical doctor,” the court filings say. “If, as alleged… there was an error or delay in diagnosis… this would amount to an error in judgment.”

Aery has asked the court to dismiss the claim against him, with costs.

In Flett’s court filings, he said he went to the hospital in The Pas at about 7 a.m. on Jan. 15, 2023, after abdominal pain and nausea began the previous evening.

He had gone to the hospital the prior day for a hand injury and had been treated by Aery.

When he went back to the doctor the next day, he said he was in severe pain and that it hurt to sit or stand, the claim said.

Flett’s lawsuit alleged Aery pressed lightly on his abdomen, before he said words to the effect of, “I don’t know what to tell you, we don’t treat you here for hangovers.” Flett said he then told the doctor he was not hungover and his pain was “10 out of 10.”

Aery denies making the comment in his court filings. He said Flett did not appear in distress and did not report fever, chills or chest pain, and had “unremarkable vital signs.”

“The plaintiff also reported heavy alcohol use over the previous two days,” the defence filing said. “However, Dr. Aery did not find the plaintiff to be intoxicated.”

Aery’s filings allege, when he examined Flett’s abdomen, the man expressed “only mild discomfort,” with “no signs or symptoms of severe abdominal pain.”

Further, the doctor claims labwork he ordered on the patient came back with “reassuring” results. Aery prescribed nausea medication, while Flett did not request any pain medicine, the defence filings allege.

Aery said based on how Flett presented at the hospital, the physical exam and his lab results, he diagnosed the man with “general, non-emergent abdominal pain.”

The doctor alleges Flett told him he was travelling to Winnipeg that day. Aery claims he advised Flett to follow up with his general practitioner in the city and to go to an emergency department if his symptoms got worse.

Flett’s lawyers allege the care he received in The Pas was at least partially due to stereotypes about Indigenous people being intoxicated.

Further, Flett alleges his care overall, including in Winnipeg, was affected by systemic bias.

Flett said in his lawsuit he had to stagger to the bus station and was in severe pain while travelling to Winnipeg. The lawsuit alleges he was correctly triaged as a priority at Seven Oaks General Hospital, where he arrived by cab shortly after midnight the next day, but told a nurse he could not sit or stand and would instead lie on the ground near the security desk.

Flett said in his filing he remained in pain on the ground for “several hours,” with no one coming to check on him.

He alleged he only began to receive help after waving down a doctor several hours later and waited another eight hours to be transferred and receive surgery at Grace Hospital, by which time his appendix had burst.

The health authorities have yet to respond to the lawsuit.

Flett’s suit seeks a declaration that the Northern authority breached his charter rights and asks for general, aggravated and special damages to be determined at trial, plus $500,000 in punitive and exemplary damages, interest and court costs.

erik.pindera@freepress.mb.ca