Woman launches lawsuit against London, Ont., hospital after daughter's brain injury

WARNING: This story contains distressing details and discussion of suicide and suicide ideation.

A woman who says her adult daughter was left in a vegetative state following an attempt to take her own life in 2021 is suing a London, Ont., hospital that had been caring for her.

Karen Elliott alleges staff at London Health Science Centre's (LHSC) Victoria Hospital failed to properly supervise and ensure her daughter Elysse's safety after she outlined plans on multiple occasions that she wanted to end her life. 

Elysse, now 35, suffered a global anoxic brain injury — she has lost all mobility and cognitive ability and requires a surgically created hole in her windpipe to breathe, according to a statement of claim filed in London's Court of Justice on Dec. 11.

"This was completely avoidable," Elliott told CBC News.

"They had all the indicators and staff weren't there when they should have been," she said, adding their concern "just wasn't high enough." 

LHSC declined to comment on the case as it's before the courts, but said in an email to CBC that "patient-centred care, compassion and privacy is at the forefront of our core values." 

None of the allegations in Elliott's claim have been proven in court.

The claim includes 27 defendants, such as psychiatrists and registered nurses, a therapeutic recreation specialist, and a patients' rights adviser at Victoria Hospital. According to the lawsuit, on several occasions, Elysse described to them how she planned to harm herself and despite that, items including a raised hospital bed and bed sheets were left in the room.

Court documents said the defendants "failed to provide a ligature-free bed to Elysse and provided her with use of a height-adjustable bed without a lockout feature that would prevent patient use."

"They permitted her to have access to bed sheets, curtains and other objects she could use to cause self-harm and failed to ensure Elysse's safety checks were performed properly." 

Repeated times in hospital

According to the statement of claim, Elysse was brought by ambulance to the emergency department on Nov. 22, 2021, after engaging in self-harm. Her wounds were treated by a nurse practitioner and she was discharged shortly after without getting a psychiatric assessment, it says. 

The next day, she returned to the hospital and reported increased anxiety, difficulties coping and suicide ideation, after which she was admitted to the psychiatric in-patient department and a doctor ordered regular safety checks. 

On Nov. 25, a psychiatrist signed a form of involuntary admission because he believed Elysse could seriously harm herself. It was set to expire on Dec. 8 but another psychiatrist extended her stay until Jan. 7, 2022, following further assessments.

On Dec. 9, Elysse attempted to take her life and a Code Blue (indicating serious injuries were sustained) was called after her roommate alerted authorities, who used emergency life-saving measures to resuscitate her.

Elysse spent 10 months in an intensive-care unit and is now living in a complex-care centre, where she uses a wheelchair and needs a feeding tube.  

It is not yet known how much the family can seek in damages — a specific assessment to review Elysse's condition and her future needs still needs to be undertaken, said their lawyer, Kate Mazzucco, adding they're awaiting a statement of defence. 

Types of compensation may include costs of lifelong care to maintain Elysse's quality of life, including attendant and nursing care, possibly costing hundreds of thousands of dollars annually, Mazzucco said.

"There will be a number of out-of-pocket expenses that the family is going to incur while they try their very best to support Elysse in achieving any process that she can in her recovery," she said.

"Elysse's injuries are very severe. She will require lifelong assistance for every aspect of her day-to-today living and there's no greater loss."

'She's the best part of my day,' says mom

Elysse has a twin sister and four other sisters. She completed a nursing degree from Western University five days before she was admitted to hospital, her mom said. Despite struggling with depression and an eating disorder, Elysse had goals of helping others and someday volunteering overseas. 

Her mother said she goes right from her job as a teacher to the care facility where she spends the majority of her evenings. 

"My entire week revolves around Elysse," she said. "She's the best part of my day and I try to get through work just to see her."

Elliot said she's sharing Elysse's story to raise awareness about improving suicide assessment and treatment protocols, and in hopes of helping other families.

In August 2017, the Ontario Hospital Association's task force on suicide prevention published a report recommending that hospitals undertake a detailed assessment of physical environments and that any ligature points in psychiatric wards should be removed as a starting point.  

If you or someone you know is struggling, here's where to get help:

• Suicide Crisis Helpline: Call or text 988
• Kids Help Phone: 1-800-668-6868 (phone), live chat counselling on the website.
• Canadian Association for Suicide Prevention: Find a 24-hour crisis centre.
• This guide from the Centre for Addiction and Mental Health outlines how to talk about suicide with someone you're worried about.