Lawsuit alleges 95-year-old man died at Seven Oaks hospital after intentional opioid overdose – Winnipeg Free Press

A man who claims staff at Seven Oaks General Hospital deliberately gave his 95-year-old father an opioid overdose, ultimately killing him, has filed a lawsuit against the hospital, its staff and the Winnipeg Regional Health Authority.

Winnipeg lawyer Faron Trippier filed the claim on the man’s behalf in the Court of King’s Bench late last month, naming a doctor, two nurses, the hospital, the WRHA and health authority officials as defendants.

None of the defendants have responded with statements of defense and the claims have yet to be heard by the court. No dollar figure is mentioned in the claim, which seeks general damages for negligence, breach of duty and infliction of mental anguish, as well as special, aggravated, punitive and exemplary damages.

The plaintiff’s father was admitted to Seven Oaks on Nov. 28, 2018, for what is described as a “routine procedure” to drain fluid from around his lungs, according to court papers.

The 95-year-old was physically strong and healthy for his age, according to court documents, but was kept in the hospital for a few days to be monitored after the successful procedure.

The next day, the plaintiff, who was his father’s primary caregiver and was involved in his medical choices, entered the man’s room and saw that the oxygen tube had become dislodged from his nose and that his father was gasping for breath, the court papers allege .

The plaintiff then contacted the nursing supervisor about his father’s care, the claim alleges, and the supervisor said the nurse responsible would be disciplined, but the nurse suffered no repercussions and continued to provide care.

That nurse, the lawsuit alleges, then “made a threat” to the plaintiff and his family for the attempted discipline, telling them she “was going to get them.”

The 95-year-old was not given palliative care, but his patient status was changed to “comfort care” during his hospital stay, the court papers say, which was reportedly not discussed with the accuser or his father.

According to court papers, the man’s specialist doctors also disagreed with the change of status.

Then, on December 4 of that year, the 95-year-old was prescribed one milligram of hydromorphone by the doctor named in the lawsuit, despite the fact that he was not in pain requiring strong medication, the lawsuit alleges.

On Dec. 7, a nurse named as a defendant administered a dose of the opioid, causing the man to fall into a deep sleep, court papers allege.

He never woke up.

The man died on December 9, 2018, which the claim claims was a “direct result” of the fatal dose and resulting respiratory depression.

The plaintiff claims he was not informed of or consented to the prescription, and neither were the 95-year-old’s specialist doctors. The lawsuit claims the prescription was given for no medical reason.

Proper records were not kept, the court papers allege, and the hospital would not provide the plaintiff with medical records related to the treatment after a request.

The lawsuit alleges that the defendants breached their duty of care by discussing the potential risks of treatment with the father and son, and that they owed the son, as the primary caregiver, informed consent for medical decisions.

The court papers call the defendants’ actions “malicious” and intended to cause harm as a means to “get back” at the plaintiff.

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Erik Pindera
Reporter

Erik Pindera is a reporter for the Free presswith the main emphasis on crime and justice. The born and raised Winnipegger attended Red River College Polytechnic and 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.

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