First Nations man suffering acute appendicitis attack denied care at Northern Manitoba ER, suit claims

A First Nations man suffering an acute appendicitis attack had to travel all the way to Winnipeg from The Pas for medical care after an ER doctor told him he didn't treat hangovers, a new lawsuit claims.

A statement of claim filed at the Court of King's Bench in Winnipeg last week says the doctor, the Northern Regional Health Authority (NRHA) and the Winnipeg Regional Health Authority (WRHA) both breached their duty of care in the incident, which unfolded over two days as the man continued suffering excruciating pain.

Justin Flett, 44, Tataskweyak Cree Nation member, arrived in The Pas on the night of Jan. 14, 2023, when he began to experience sharp abdominal pain and nausea, the suit claims. 

He took himself to St. Anthony's General Hospital ER in The Pas the following morning, and after triage he was assigned a score on a scale that put him among the lowest-priority cases. 

Flett told the doctor who eventually saw him — he had treated Flett the previous afternoon for a hand injury — that he was in severe pain, his stomach was very upset and that it hurt to sit down and stand.

The doctor then lightly pressed on the area were Flett was feeling the pain, saying: "'I don't know what to tell you, we don't treat you here for hangovers,' or words to that effect," the statement of claim says.

None of the claims have been proven in court. CBC News reached out to the WRHA and the NRHA for comment. Both replied they would not comment on a matter before the courts.

The lawsuit says Flett was not hung over and did not present any symptoms typical of intoxication, adding the pain he had been experiencing was "far more severe and different than anything that might be expected from a hangover." 

The doctor "did not conduct the physical examination that was required in the circumstances," it says, failing to order any kind of tests or diagnostics.

Defendants 'callously' ignored man: Statement of claim

The statement of claim says that afterwards, Flett had to take a bus more than 500 kilometres to Winnipeg to seek care because there was nowhere else to go on a Sunday for treatment in The Pas.

"Throughout the eleven-and-a-half hour journey, Flett was lying in pain on the floor at the back of the bus, clutching his abdomen, because it hurt too much to sit down or to stand," the statement of claim says. 

After arriving in Winnipeg Flett called 911 asking for an ambulance, but was given a phone number for a taxi, which he took to the Seven Oaks General Hospital on Jan. 16 shortly after midnight.

The statement of claim says he was triaged properly at the hospital, but only received treatment after spending several hours lying on the floor since it was too painful for him to sit. 

Flett was only taken to the examination room after he waved his hand to a doctor passing by at about 4 a.m., the statement of claim says, adding no staff checked on him or took his vitals while he was waiting.

Diagnostics confirmed Flett "was suffering from acute appendicitis and would require surgery urgently," the claim says. He still had to wait until 5 p.m. to be transferred to the Grace Hospital for the operation.

The lawsuit says the man's appendix ruptured before the transfer, leading to an infection spreading within his abdomen.

More than 37 hours would pass between the time he arrived at St. Anthony's General Hospital emergency room in The Pas and his appendectomy.

The lawsuit says the doctor and triage staff at St. Anthony's, and those responsible for triaging and transportation at Seven Oaks, "callously, recklessly and/or negligently ignored" Flett even though he was showing obvious signs of serious medical distress.

 "They left him to suffer in agony, and denied or delayed the urgent care, assessment, and treatment that he required," the statement of claim says. "His life was unnecessarily placed in peril."

'This kind of treatment is unacceptable in Canada'

The lawsuit claims the Northern Regional Health Authority and the doctor who initially attended the plaintiff breached Flett's Charter rights by depriving him of medical treatment arbitrarily and discriminatorily.

It says the two defendants breached Flett's rights to equality by "making assumptions … based, at least in part, on anti-Aboriginal stereotypes and biases rather than solely on ethical medical observations."

The lawsuit says they as well as the Winnipeg Regional Health Authority breached their duty of care. In the case of the WRHA, it cited Seven Oak's failure to follow protocols for monitoring patients put in place in the aftermath of Brian Sinclair's death at Winnipeg's Health Sciences Centre in 2008.

Flett is seeking damages resulting from their conduct, which the lawsuit says has also led to further medical complications, as well as the man's inability to work to support his family.

It says punitive and exemplary damages are also warranted to send a message "that this kind of treatment is unacceptable in Canada."

No statement of defence has been filed.