Failure to properly diagnose brain bleed at rural Manitoba emergency room led to surgery delay: lawsuit

A patient who went for emergency care at a hospital in Ashern, in Manitoba's Interlake region, has filed a lawsuit saying she experienced delays at a time when she needed emergency surgery for what she later learned was a brain bleed.

The 57-year-old woman from Pinaymootang First Nation, just north of Ashern, says in her lawsuit that on the evening of Jan. 27, 2023, she was having headaches and feeling weak, and started vomiting blood.

She called 911 and was taken by emergency medical services to Lakeshore General Hospital emergency department in Ashern, about 170 kilometres northwest of Winnipeg.

Upon arrival she was triaged, and a doctor and other health workers at the hospital identified her as having symptoms of weakness and hematemesis, the lawsuit says, which means the vomiting of blood.

It says after the woman was admitted, she had "escalating symptoms including confusion, nausea, continuous vomiting and dry heaving, increasing heart rate and blood pressure, a lower level of consciousness and a rapidly decreasing level of responsiveness."

There were no further attempts to identify what was causing the symptoms, the lawsuit says.

The following day, on the evening of Jan. 28, 2023, further triaging was performed "after a lengthy delay" by the doctor and health staff, and a decision was made to transport the woman to Health Sciences Centre in Winnipeg, the lawsuit says.

There was no air transportation available at the time, so staff requested ground transportation to get her to Winnipeg.

The lawsuit alleges the ground transportation that was requested for her was then used to transport another patient, further delaying her treatment.

After that delay, the woman was successfully transported to the Health Sciences Centre, where a CT head scan showed "a large cerebellar bleed," her statement of claim says. She was sent to the operating room for emergency surgery.

'Critical condition' required emergency surgery: lawsuit

The lawsuit alleges that a failure to properly triage, diagnose and transport the woman "resulted in a delay in treatment for her cerebellar bleed, causing her damage, loss, pain and suffering, emotional distress and injury."

The suit, filed Jan. 24 in Manitoba Court of King's Bench, alleges that given her "critical condition requiring emergency surgery," hospital staff failed to ensure she "was given priority over other patient transportation."

It names the Interlake-Eastern Regional Health Authority, Shared Health, Lakeshore General Hospital, a doctor and several unidentified health care staff as defendants.

The health-care employers failed to provide staff with adequate training "on the signs and symptoms of neurological injuries and/or cerebral emergencies," the lawsuit says.

The allegations have not been tested in court and the defendants have not filed statements of defence.

The suit says as a result of her experience, the woman continues to suffer health effects such as ongoing disability, prolonged fatigue and reduced use of the left side of her body, along with significant anxiety, emotional distress and loss of independence. 

She attends physiotherapy appointments biweekly to manage her injuries, and expects the appointments to continue indefinitely, along with the associated expenses, according to the statement of claim.

The plaintiff seeks an unspecified amount in general, special and punitive damages, and seeks money for loss of income.

CBC attempted to reach the plaintiff for comment but was unable to contact her.

Lauralou Cicierski, a spokesperson for the Interlake-Eastern health authority, told CBC News it can't provide comment on a matter undergoing legal proceedings.

Shared Health media relations specialist Amy Jack said in an email the health agency does not comment on matters before the courts.

Calls to the hospital and the doctor for comment were not returned.