Round 5
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 10 Aug 2022 11:47:58 -0300
Subject: Re: Denied mental health help at Nova Scotia ER, woman drives
to New Brunswick for care
To: kelly.rowlett@nslegalaid.ca
Cc: motomaniac333 <motomaniac333@gmail.com>
https://www.cbc.ca/news/
Denied mental health help at Nova Scotia ER, woman drives to New Brunswick for care
Emily Black, 21, says she’s been turned away from hospital, charged for not leaving ER
Emily Black was in a manic and suicidal state one night last month, so she says her father called 911.
Police officers showed up, she said, and like several times before, they took her to the Cumberland Regional Health Care Centre in Amherst, N.S.
Black, who has bipolar disorder and lives with autism, says she waited three hours to see a doctor. When she finally did, she says she was told no psychiatric staff were on duty at that time.
The doctor told Black she would have to wait until 9 a.m. the next morning, she said. Black says she woke up at 7 a.m. to a nurse telling her she wouldn't be seeing a psychiatric doctor and she had to leave.
"It's a terrible feeling," she told CBC News. "It makes me feel like I'm less of a person."
Drove to N.B. for care
Black's father ended up driving her to New Brunswick for mental health care, she said. She says they went to a hospital in Moncton and she was admitted immediately.
The experience is nothing new for Black, she says. The 21-year-old has suffered from mental illness since she was 10.
"Any time I've been in New Brunswick, I've always been able to get admitted so easily," she said. "But in Nova Scotia, I'm turned away almost every time."
Black says she's been admitted for as long as a month when seeking care in New Brunswick, but she's been turned away dozens of times from the hospital in Amherst.
"It's not a good feeling," she said. "There's been nights, you know, where I go to access mental health care at the hospital and then I ended up in jail and they told me that I had to be in jail because there was no place for me."
Charged for not leaving ER
In March 2021, Black refused to leave the emergency room at the Cumberland Regional Health Care Centre and was charged for mischief.
She says she was experiencing another suicidal episode at home, so police brought her to the hospital. When she got there, Black said the doctor wouldn't assess her and she was told to leave.
"It was really frustrating," Black said. "I felt a lot of anger."
Black says she's been arrested under the Mental Health Act several times but then was refused care by doctors when police brought her to the hospital.
Living with autism, Black says she's unable to control her emotions when she becomes overwhelmed sometimes. She says she'll scream or hit her head when she's at the hospital, which makes the doctor turn her over to the police.
She says it makes the situation even worse when police become involved.
"A lot of the times when I feel suicidal, it just makes me feel even more suicidal," Black said. "Because it kind of feels like, oh, even the ones that are supposed to help me, even they don't care."
Lawyer sees it 'all the time'
The head of Nova Scotia Legal Aid's new Mental Health Legal Services office says it's common for people who are suffering from a mental health illness and trying to access care to be arrested.
"I see it all the time. I see it every week," Kelly Rowlett said in an interview. "If I had a nickel for every time somebody got arrested for attending a hospital or in a care facility, I'd be rich and that's just sad."
Kelly
Rowlett, the manager of Nova Scotia's new Mental Health Legal Services
office, says people who are arrested in hospitals don't belong in jail. (Brian MacKay/CBC)
The new office consists of three lawyers and two support staff. They will work with legal aid services across the province to advocate for alternatives to jail for people with mental illness and connect them with the appropriate services, Rowlett said.
"It's about connection and reconnection," she said. Rowlett says people who are arrested in hospitals don't belong in jail.
"Once you reconnect people with resources, they're more successful and so the net result of that is they don't go to jail because they've reconnected and they stay out of trouble."
Services available in Amherst
Nova Scotia Health declined an interview request for this story.
In an email, a health authority spokesperson said residents in Cumberland County, where Emily Black lives, have access to a "continuum" of mental health services.
Intake service at the Cumberland Regional Health Centre is available Monday to Friday, 8:30 a.m. to 4:30 p.m. and an urgent care team is also available at the hospital during those hours, the email says.
A community clinic with a team of mental health professionals is located in downtown Amherst and the province's crisis line operates 24/7.
The spokesperson said emergency departments are an important part of Nova Scotia's mental health services "and vital to our care continuum to meet patient needs across the province."
More understanding
Black's says her problem is with how she's treated by medical health professionals when trying to access these services.
"I would like to see doctors being more understanding," she said.
Black says there's still a stigma around mental health and some physicians don't know how to treat it since the problem isn't visible like other patients in the emergency room.
She says she's been told by doctors that she's fine and she doesn't need to be at the hospital.
"I know I'm not alone," Black said. "I know that there's a lot of people in Nova Scotia who are getting neglected by the mental health system."
http://www.nslap.ca/kelly-rowlett
Kelly Rowlett
300-99 Wyse Road
Dartmouth, NS B3A 4S5
I have been trained in a number of fields as a crisis intervener and in general I am very open to people, as such they confide in me naturally. I think my area of practice and my training provides me with a skill set that lends itself to peer support.
What is the Lawyers Assistance Program?
The Nova Scotia Lawyers Assistance Program or “NSLAP” is an informational, confidential referral and short-term counselling service for practising members of the legal profession, their staff and families who may be experiencing health or personal problems. Our provider, Homewood Health™, offers counselling services for a full range of personal, family or life events and issues including, but not limited to, financial concerns, family, child and eldercare issues, communication problems, career development, health and fitness issues, psychological and emotional disorders, addiction, stress, depression or trauma. It is anticipated that most issues will be dealt with in three to five counselling sessions.
In keeping with the connection between a healthy mind and a healthy body, and in addition to the various levels of psychological services provided, the Lawyers Assistance Program now includes wellness programs either personally or online, as a series of health questionnaires and information to help you develop your Personal Wellness Plan, medical information, a variety of e-courses and other tools designed to help you take charge of your health and well-being. Members also have access to Plan Smart Lifestyle and Specialty Counselling Services designed to provide care giving, life planning and health management services.
Access to these services is available on the NSLAP home page (just follow the link), or visit the Homeweb site directly: https://www.homeweb.ca/ Please note that 'NSLAP' is your “company” name when you register. The Nova Scotia Lawyers Assistance Program is provided through the Lawyers Insurance Association of Nova Scotia.
Why do Nova Scotia Lawyers need an assistance program?
Like anyone, lawyers who experience emotional or personal difficulties may be unable to resolve their problems on their own, and my find that their personal happiness, work performance or physical health is affected. Through the Lawyers Assistance Program, they will receive a broad range of resources and assistance to find satisfactory solutions to their problems.
When should I consider contacting the Lawyers Assistance Program?
You might consider contacting the Lawyers Assistance Program for counselling if you feel as though your problems, or those of someone you know, are becoming overwhelming and out of control. Some symptoms that can appear include mood swings, sleeplessness, lack of appetite, poor concentration, apathy or anger.
Homewood Health™ employs health professionals who are Masters- or PhD-level counsellors, chosen for their extensive experience in dealing with a variety of psychological and health issues. Their counsellors have received specialized training in assessment and counselling services and who have met the requirements for registration with their respective professional governing body.
It is generally acknowledged that the sooner assistance begins, the more effective it will be.
You can access the online health and wellness resources at any time. Those resources are available to help you know that you are doing all you can to be your healthiest. Through a combination of expert advice, support and resource material, the online resources are available to help whether you need to find a nursing home for an aging parent who lives on the other side of the country, obtain help getting your finances under control, receive advice on how to raise a child or develop a long-range plan for ensuring a worry-free retirement.
How can I access the Lawyers Assistance Program services?
To get assistance, call in confidence 24 hours a day: 1 866 299 1299 (within Nova Scotia) | (Read about calling from outside Nova Scotia) | (1 866 398 9505 (en français) | 1 888 384 1152 (TTY). You may be asked to identify yourself, but this information will be kept confidential. Remember that when you access the online resources, your “company” name is NSLAP.
Calling from outside Nova Scotia?
If you are a member of the NSLAP program and wish to call Homewood Health from outside Nova Scotia, please dial 1-800-663-1142.
Will my call be confidential?
Information is not provided to anyone or any organization without your permission. The issue of confidentiality can be discussed with the professional intake counsellors to establish limits for support and protection. Your right to privacy is respected and strictly observed.
Who will I speak with when I contact the Lawyers Assistance Program?
You will speak to a professional intake counsellor from Homewood (both official languages are available). You will have to tell them you are calling for the Nova Scotia Lawyers' Assistance Program (or NSLAP). In an emergency, face-to-face consultation can be arranged within hours. Instant support is always available over the phone. Internet and telephone counselling are also available.
Peer Volunteers
-
Kelly Rowlett
Nova Scotia Legal Aid - Criminal Office300-99 Wyse Road
Dartmouth, NS B3A 4S5902 420 8972 -
Nancy Rideout
Weldon McInnis118 Ochterloney Street
Dartmouth, NS B2Y 1C7902 469 2421 -
Mike Power QC
Power, Leefe, Reddy & Rafuse84 Dufferin Street Bridgewater, NS B4V 2G3
902 543 7815 -
Doug Lloy QC
Nova Scotia Legal Aid116 George Street
New Glasgow, NS B2H 2K6902 755 7020 -
Michelle James
Atherton Nicholson52 King Street Dartmouth, NS B2Y 2R5
902 429 4104 -
Sean Foreman QC
Department of Justice (NS)1690 Hollis Street, 8th Floor PO Box 7 Halifax, NS B3J 2L6
902 424 6969 -
Pat Cassidy QC
Cox & PalmerNova Centre, South Tower
1500-1625 Grafton Street
PO Box 2380 Central
Halifax, NS B3J 3E5902 421 6262 -
Devon Cassidy
Cox & PalmerNova Centre, South Tower
1500-1625 Grafton Street
PO Box 2380 Central
Halifax, NS B3J 3E5902 421 6262 -
Craig Berryman
Walker Dunlop1477 South Park Street
PO Box 36057
Halifax, NS B3J 2L1902-423-8121 ext. 104
---------- Original message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Wed, 10 Aug 2022 12:49:27 +0000
Subject: Automatic reply: Hey Higgy Methinks no matter what many
doctors and their lawyers may claim Maritimers and even the snob Paul
Palango know that there is more than one way to skin a cat N'esy Pas
Mr Coon???
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Wed, 10 Aug 2022 12:49:22 +0000
Subject: Automatic reply: Hey Higgy Methinks no matter what many
doctors and their lawyers may claim Maritimers and even the snob Paul
Palango know that there is more than one way to skin a cat N'esy Pas
Mr Coon???
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
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This is the correct email address for requests for news coverage and
press releases.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 10 Aug 2022 09:46:44 -0300
Subject: Hey Higgy Methinks no matter what many doctors and their
lawyers may claim Maritimers and even the snob Paul Palango know that
there is more than one way to skin a cat N'esy Pas Mr Coon???
To: "blaine.higgs" <blaine.higgs@gnb.ca>, louis.leger@gnb.ca,
"bruce.fitch" <bruce.fitch@gnb.ca>, premier <premier@ontario.ca>,
PREMIER <PREMIER@gov.ns.ca>, premier <premier@gov.nl.ca>, premier
<premier@gov.pe.ca>, Office of the Premier <scott.moe@gov.sk.ca>,
premier <premier@gov.bc.ca>, premier <premier@gov.ab.ca>, premier
<premier@leg.gov.mb.ca>, "pierre.poilievre"
<pierre.poilievre@parl.gc.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, "benoit.bourque"
<benoit.bourque@gnb.ca>, "Roger.L.Melanson" <roger.l.melanson@gnb.ca>,
"Mark.Blakely" <Mark.Blakely@rcmp-grc.gc.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>,
"Kevin.leahy" <Kevin.leahy@rcmp-grc.gc.ca>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
"michelle.conroy" <michelle.conroy@gnb.ca>, oldmaison
<oldmaison@yahoo.com>, nhooper@wagners.co, david.coon@gnb.ca,
john.kulik@mcinnescooper.com, bbachrach <bbachrach@bachrachlaw.net>,
washington field <washington.field@ic.fbi.gov>, mcohen@cmpa.org,
jgillis-doyle@cmpa.org, abent@cmpa.org, pbergin@cmpa.org,
halpern@gluckstein.com, ryan@breedon.ca, pharte@hartelaw.com,
asw@murphybattista.com, info@bogoroch.com
Cc: motomaniac333 <motomaniac333@gmail.com>, rachel.cave@cbc.ca,
Newsroom <Newsroom@globeandmail.com>, NightTimePodcast
<NightTimePodcast@gmail.com>, paulpalango
<paulpalango@protonmail.com>, andrew <andrew@frankmagazine.ca>,
andrewjdouglas <andrewjdouglas@gmail.com>, media@cmpa.org, tim
<tim@halifaxexaminer.ca>, nsinvestigators <nsinvestigators@gmail.com>,
justmin@gov.ns.ca, mcu <mcu@justice.gc.ca>
https://davidraymondamos3.
David Raymond Amos Round 3
Wednesday, 10 August 2022
Mother who lost her baby at Fredericton hospital can't afford to sue
Round 5
Mother who lost her baby at Fredericton hospital can't afford to sue
Aimee Dunn was warned that doctors’ $6 billion defence fund litigates aggressively
Aimee Dunn, who lost her baby in March while in the care of the emergency department of the Dr. Everett Chalmers Hospital, says she could never afford to sue for medical malpractice.
Dunn consulted the law firm Wagners about bringing a lawsuit against the hospital and the doctors involved, but decided it was impossible after being advised of the costs and risks.
"I figured I wouldn't be able to do anything," said Dunn, who left the phone call feeling hopeless.
Nick Hooper, a lawyer with Wagners, says the first issue in Dunn's case is that her daughter had no vested legal rights under Canadian law.
Had to be born alive
"The law says you are a legal person and you obtain legal personhood when you are born alive and not before that point," Hooper said.
According to the autopsy report, Dunn's infant daughter died in utero, likely overnight.
A C-section was required to deliver a stillborn infant in the afternoon of Marh 23.
Dunn's insists this could have been prevented. She said nobody checked for a heartbeat until 12 hours after she was admitted to the ER 35 weeks pregnant and showing signs of preeclampsia.
Hooper said a fetus that suffers harm and is subsequently born alive has the right to sue for harm sustained in utero.
But families cannot bring claims on behalf of someone who's deceased, he said.
In the case of a stillborn infant, the parents could only bring legal claims for the harms that they, themselves, had suffered.
Aimee Dunn, centre, her mother, Joanne Dunn, left, and her grandmother,
Albina Stuckless, at a baby shower on March 5. (Submitted by Aimee Dunn)
In Canada, damages for pain and suffering are capped at approximately $417,000.
"And that amount is reserved for the most catastrophic circumstances imaginable," Hooper said.
Furthermore, he said, a plaintiff could easily spend half or more of that amount on legal fees and independent medical experts in a case that could drag out for years.
'Aggressive' doctors' defence fund
Dunn, a part-time housekeeper and her partner Mitchell Waite, who works as an auto mechanic, were also cautioned about the formidable power of the doctors' defence fund.
Last year, the Canadian Medical Protective Association reported $6.4 billion in assets.
"As of December 31, 2021, we held $6,410 million in assets against $4,746 million in liabilities, $3,997 million of which represents the accumulated provision for outstanding claims," said the association's financial report.
After paying $276 million in compensation to patients and $223 million in legal defence fees for physicians, the association still had excess revenue of $196 million.
Nick Hooper, lawyer with Wagners, says an unsuccessful plaintiff in a
Canadian medical malpractice lawsuit risks financial ruin. (Submitted)
"The physicians' insurer, the CMPA, is worth billions," said Hooper. "Defendants leverage the fact that, if trial is required, a loss will be felt profoundly differently … between the parties."
Hooper said it's a sad reality that "cases of medical malpractice are litigated very aggressively."
"Even where there is care that appears to be substandard, the insurers involved generally make the claimants go through every hurdle.
"And if they go to trial and they lose, they will be saddled with a potentially enormous costs award."
He said the presumption in New Brunswick is that costs would be about $7,375 for the first $100,000 claimed plus three per cent of the amount over $100,000, plus taxes, plus the defendant's disbursements.
"If, for example, two parents each claimed half of the general damages cap — each claiming $208,500, for instance — they would risk a costs award of approximately $16,885, plus taxes of approximately $2,532, plus the defendant's disbursements, which, in a medical negligence trial of this kind, could easily approach or exceed six figures."
Taxpayers subsidize doctors' fund
Canadian taxpayers also contribute to the doctors' defence fund through agreements negotiated by their provincial governments.
First, the doctors are levied fees, according to the risk associated with their type of medical practice and the litigiousness of their region.
For example, doctors in obstetrics in Ontario pay some of the highest dues — about $50,000 per year. In B.C. they pay $31,000 and in New Brunswick, it's $23,000.
Meanwhile, doctors in family medicine who don't work anesthesia, obstetrics or shifts in the ER pay $3,500 in Ontario, $2,500 in B.C. and $2.100 in New Brunswick.
Then the doctors get paid back. In New Brunswick, under an agreement with the New Brunswick Medical Society, the province reimburses physicians for any amount over $500.
Aimee
Dunn and her partner, Mitchell Waite, spoke to lawyers at Wagners about
what it would take to bring a medical malpractice suit over their
stillborn daughter. (Rachel Cave/ CBC News)
"The reason why [provinces] have done this, of course, is the competitiveness and retention and attraction tool for physicians who see this cost as a significant one for maintaining practice," said Anthony Knight, the society's chief executive officer.
"And I will say it's dramatically less than that which American physicians pay for what would be considered malpractice insurance in that part of the world."
Last year, 1,957 doctors in New Brunswick received reimbursements worth a total of $6.23 million, paid by the government.
Apology isn't admission of guilt
Two months after the death of their daughter, Dunn and Waite said, they met with hospital leaders, including department heads — and all of them apologized.
However, an apology by health-care personnel is not an admission of fault and is not admissible in any civil proceeding, under New Brunswick's Health Quality and Patient Safety Act.
And for Dunn, it's not enough.
"If I was rich, I would still go after them," she said.
ABOUT THE AUTHOR
Nick Hooper
Nick joined the medical malpractice and class actions groups in 2018.
His practice focuses on assisting victims of medical malpractice. He also represents plaintiffs in provincial and national class actions involving pharmaceuticals, pathology errors, product liability, defective medical devices, institutional abuse and environmental contamination.
Originally from Saint John, NB, Nick received his law degree from the Schulich School of Law at Dalhousie University in 2017. He was on the Dean’s List, won the Clifford Rae Achievement Award (2015-2017), and was awarded prizes for the highest marks in contract law, jurisprudence, and health law. Nick also won the JSD Tory Writing Award for the best paper of the 2017 academic year. He has published several peer-reviewed articles, including a paper for the Cambridge University Press which has been cited in a leading legal textbook.
Nick went on to complete his Masters of Law at the Schulich School of Law, receiving a full scholarship and the George C. Thompson Fellowship in Law. He clerked for the Supreme Court of Nova Scotia during his legal studies and participated in the Smith Shield, the most prestigious moot at the Schulich School of Law.
Nick has completed his articles with Wagners and was called to the Bar in Nova Scotia in June 2019.
Prior to attending law school, Nick obtained a Bachelor of Arts in English. He is an avid reader, runner, and baseball fan.
So Stephen McGrath if not you then just exactly who sent me this latest email from your office? |
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From: David Amos <motomaniac333@gmail.com>
Date: Mon, 28 Aug 2017 11:42:03 -0400
Subject: Attn Adam Rodgers we just talked correct?
To: Adam@boudrotrodgers.com, "lyle.howe" <lyle.howe@eastlink.ca>
Cc: David Amos <david.raymond.amos@gmail.com>, David Amos <myson333@yahoo.com>
https://boudrotrodgers.com/
Adam Rodgers was called to the Nova Scotia Bar in 2005. Prior to
joining Boudrot Rodgers, Adam completed his articles with a major
Atlantic Canadian law firm in Halifax, before returning to Guysborough
to practice in his home area. Adam practices Commercial and Personal
Injury Litigation, Municipal Law, Criminal Defense, Divorce & Family
Law, as well as Real Estate and Corporate Commercial.
Adam is active in sports, having played competitive fastpitch softball
on a local and national level. He volunteers as President of the
Strait Pirates Jr. B Hockey team, and is Past-President of the Strait
Area Chamber of Commerce. Adam is a past executive member of the Board
of Directors of the Mulgrave Road Theatre in Guysborough.
Adam is the President of the Strait Area Barristers’ Society, and a
member of the Atlantic Provinces Trial Lawyers Association (APTLA) and
the American Association for Justice.
You can follow Adam on Twitter @adamrodgersNS
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Mon, 12 Jun 2017 09:32:09 -0400
Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
To: coi@gnb.ca
Cc: david.raymond.amos@gmail.com
Good Day Sir
After I heard you speak on CBC I called your office again and managed
to speak to one of your staff for the first time
Please find attached the documents I promised to send to the lady who
answered the phone this morning. Please notice that not after the Sgt
at Arms took the documents destined to your office his pal Tanker
Malley barred me in writing with an "English" only document.
These are the hearings and the dockets in Federal Court that I
suggested that you study closely.
This is the docket in Federal Court
http://cas-cdc-www02.cas-satj.
These are digital recordings of the last three hearings
Dec 14th https://archive.org/details/
January 11th, 2016 https://archive.org/details/
April 3rd, 2017
https://archive.org/details/
This is the docket in the Federal Court of Appeal
http://cas-cdc-www02.cas-satj.
The only hearing thus far
May 24th, 2017
https://archive.org/details/
This Judge understnds the meaning of the word Integrity
Date: 20151223
Docket: T-1557-15
Fredericton, New Brunswick, December 23, 2015
PRESENT: The Honourable Mr. Justice Bell
BETWEEN:
DAVID RAYMOND AMOS
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
ORDER
(Delivered orally from the Bench in Fredericton, New Brunswick, on
December 14, 2015)
The Plaintiff seeks an appeal de novo, by way of motion pursuant to
the Federal Courts Rules (SOR/98-106), from an Order made on November
12, 2015, in which Prothonotary Morneau struck the Statement of Claim
in its entirety.
At the outset of the hearing, the Plaintiff brought to my attention a
letter dated September 10, 2004, which he sent to me, in my then
capacity as Past President of the New Brunswick Branch of the Canadian
Bar Association, and the then President of the Branch, Kathleen Quigg,
(now a Justice of the New Brunswick Court of Appeal). In that letter
he stated:
As for your past President, Mr. Bell, may I suggest that you check the
work of Frank McKenna before I sue your entire law firm including you.
You are your brother’s keeper.
Frank McKenna is the former Premier of New Brunswick and a former
colleague of mine at the law firm of McInnes Cooper. In addition to
expressing an intention to sue me, the Plaintiff refers to a number of
people in his Motion Record who he appears to contend may be witnesses
or potential parties to be added. Those individuals who are known to
me personally, include, but are not limited to the former Prime
Minister of Canada, The Right Honourable Stephen Harper; former
Attorney General of Canada and now a Justice of the Manitoba Court of
Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
former Director of Policing Services, the late Grant Garneau; former
Chief of the Fredericton Police Force, Barry McKnight; former Staff
Sergeant Danny Copp; my former colleagues on the New Brunswick Court
of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
Police.
In the circumstances, given the threat in 2004 to sue me in my
personal capacity and my past and present relationship with many
potential witnesses and/or potential parties to the litigation, I am
of the view there would be a reasonable apprehension of bias should I
hear this motion. See Justice de Grandpré’s dissenting judgment in
Committee for Justice and Liberty et al v National Energy Board et al,
[1978] 1 SCR 369 at p 394 for the applicable test regarding
allegations of bias. In the circumstances, although neither party has
requested I recuse myself, I consider it appropriate that I do so.
AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
the Court schedule another date for the hearing of the motion. There
is no order as to costs.
“B. Richard Bell”
Judge
Below after the CBC article about your concerns (I made one comment
already) you will find the text of just two of many emails I had sent
to your office over the years since I first visited it in 2006.
I noticed that on July 30, 2009, he was appointed to the the Court
Martial Appeal Court of Canada Perhaps you should scroll to the
bottom of this email ASAP and read the entire Paragraph 83 of my
lawsuit now before the Federal Court of Canada?
"FYI This is the text of the lawsuit that should interest Trudeau the most
http://davidraymondamos3.
83 The Plaintiff states that now that Canada is involved in more war
in Iraq again it did not serve Canadian interests and reputation to
allow Barry Winters to publish the following words three times over
five years after he began his bragging:
January 13, 2015
This Is Just AS Relevant Now As When I wrote It During The Debate
December 8, 2014
Why Canada Stood Tall!
Friday, October 3, 2014
Little David Amos’ “True History Of War” Canadian Airstrikes And
Stupid Justin Trudeau?
Vertias Vincit
David Raymond Amos
902 800 0369
---------- Forwarded message ----------
From: "Kulik, John" <john.kulik@mcinnescooper.com>
Date: Thu, 18 May 2017 17:37:49 +0000
Subject: McInnes Cooper
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>,
"david.raymond.amos@gmail.com" <david.raymond.amos@gmail.com>
Dear Mr. Amos:
I am General Counsel for McInnes Cooper. If you need to communicate
with our firm, please do so through me.
Thank you.
John Kulik
[McInnes Cooper]<http://www.
John Kulik Q.C.
Partner & General Counsel
McInnes Cooper
tel +1 (902) 444 8571 | fax +1 (902) 425 6350
1969 Upper Water Street
Suite 1300
Purdy's Wharf Tower II Halifax, NS, B3J 2V1
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On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
> If want something very serious to download and laugh at as well Please
> Enjoy and share real wiretap tapes of the mob
>
> http://thedavidamosrant.
> ilian.html
>
>> http://www.cbc.ca/news/world/
>>
>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>
>> http://www.youtube.com/watch?
>>
>> What the hell does the media think my Yankee lawyer served upon the
>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>> cards?
>>
>> http://archive.org/details/
>> 6
>>
>> http://davidamos.blogspot.ca/
>>
>> http://www.archive.org/
>>
>> http://archive.org/details/
>>
>> FEDERAL EXPRES February 7, 2006
>> Senator Arlen Specter
>> United States Senate
>> Committee on the Judiciary
>> 224 Dirksen Senate Office Building
>> Washington, DC 20510
>>
>> Dear Mr. Specter:
>>
>> I have been asked to forward the enclosed tapes to you from a man
>> named, David Amos, a Canadian citizen, in connection with the matters
>> raised in the attached letter.
>>
>> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>>
>> I believe Mr. Amos has been in contact with you about this previously.
>>
>> Very truly yours,
>> Barry A. Bachrach
>> Direct telephone: (508) 926-3403
>> Direct facsimile: (508) 929-3003
>> Email: bbachrach@bowditch.com
>>
>
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Chief Executive Officer
“We are here for you. We will modernize the CMPA. We will do so collaboratively.”
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Media contact
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We are available between 8:30 a.m. and 4:30 p.m. ET Monday through Friday to provide information and respond to interview requests. Please note that our offices are closed and our spokespeople are unavailable on weekends, after hours, and on statutory holidays.
Protecting doctors' reputation at what price? The Canadian Medical Protective Association's role
Medical malpractice lawyers offer varying views about whether the CMPA has too much power
The reaction from those who have their cases turned down, he says, is something along the lines of “are you kidding me? The doctor made a mistake, and you’re telling me you can’t help me — how can this be possible?” It’s a difficult conversation to have, Harte admits, and certainly embitters these clients against the entire medical service.
Paul Harte
And the reason for this, Harte says, is at least partly because of a powerful non-profit organization, the Canadian Medical Protective Association, with vast funds (about $5 billion in assets) at its disposal, most of it linked to government sources. The money is used to settle cases, pay awards, and defend health professionals accused of negligence. While doctors pay dues to be members of the CMPA, provinces pay the physicians back; in some cases, up to 90 per cent, less a small fee.
Harte says this situation leaves “zero incentive” for the CMPA to reduce costs and be more efficient in protecting doctors, leading to a “scorched-earth” strategy.
An Ontario Superior Court judge also used the same analogy as Harte when he commented in a 2008 ruling, Frazer v. Haukioja, that the CMPA-funded lawyers in a suit against an emergency doctor had pursued a “scorched-earth policy.” In the ruling, the judge wrote that the defence put the plaintiffs to the test of establishing virtually all of their claims on all issues of damages and liability, “and making the trial — at 20 days — needlessly long.” The patient was ultimately successful, though, with an award of $1.9 million, as well as plaintiff fees and disbursement costs of almost $930,000.
The ability of the CMPA to vigorously defend doctors accused of malpractice means the threshold for taking on a case is high, says Harte, who worked on the defence side for the association before becoming a medical malpractice plaintiff lawyer. “It is just not always economically viable to take on a doctor. It also creates a situation where the number of suits brought against doctors is lower than what it could be, and those cases that are litigated arguably produce better results for defendant doctors.”
While the threshold varies from lawyer to lawyer, Harte says somewhere around $250,000 is a typical settlement or award amount that makes a case worth taking on.
An example of one “economically unviable” case that Harte turned down involved a 22-year-old waiter with a benign tumour in his rib. After the operation, a problem occurred, allegedly because of a medical error, and the man had to have another operation. However, “even though it’s a painful surgery, and the fellow had to take more time off, maybe the case is worth $20,000,” Harte says. Here is a case “where I think an error was clearly made,” he says, but he turned it down because the cost of litigating would far outweigh the award, given the CMPA’s defence-of-doctors mandate.
Harte says that because of how the CMPA works, there has been a steady reduction in legal actions. Over the past five years, the number of new legal actions has dropped every year. In 2016 there were 891 new legal actions which went down to 732 in 2020. In 2016, there were 839 resolved legal actions, of which 495 were dismissed, discontinued or abandoned and 290 were settled: 45 judgements in favour of the physician and nine for the plaintiff. Of 645 resolved legal actions in 2020, 349 were dismissed, discontinued or abandoned and 259 were settled with the plaintiff, while 29 judgements were for the physician and eight for the plaintiff.
“It’s unlikely that there are fewer mistakes being made,” says Harte. “In fact, as we get more complicated medicine and more multi-disciplinary teams, the error rate is likely higher, not lower. What’s happening is that, because of the impediments to suing, all kinds of meritorious claims are going without compensation.”
The CMPA takes issue with arguments that Harte and other lawyers use to criticize the CMPA. Dr. Todd Watkins, associate CEO with the CMPA, says the organization’s mandate is to “protect the professional integrity of physicians and promote safe medical care in Canada.” Legal actions naturally call into question the integrity and reputation of the physician, he says, so allegations that question the physician’s medical judgment and expertise “can be devastating to their future ability to practice, regardless of any monetary value.”
Accordingly, says Watkins, when a patient initiates a claim against a physician member, the role of the CMPA is to assist the member in their defence if the care provided is medically defensible. “If the standard of care was met, the integrity and reputation of the member will be defended against the claim. However, if experts conclude the standard of care was not met, and this failure harmed the patient, appropriate financial compensation to the injured patient or the patient’s family or estate will be provided.”
As for the “war chest” the CMPA has, Watkins says it is an unfair assessment that doesn’t reflect the association’s approach to defending physicians or that it is structured with sufficient funds to compensate those who have received negligent care, now and in the future. “The CMPA is committed to ensuring we can compensate patients and their families appropriately and in an amount that reflects their long-term care needs,” he says. And unlike an insurance company, the CMPA is not restricted by pre-set compensation amounts or capped damages.
There are also plaintiff lawyers who don’t share Harte’s position. Richard Halpern, a malpractice lawyer with Gluckstein Lawyers, says “the fact that most plaintiffs lose their case against doctors is not an indication of a problem with the system, it’s an indication the problem is with their case.
“Judges don’t care how much money the CMPA has. If you go to trial against a doctor, and you lose the case, it’s [for] one of two reasons. Number one, your case didn’t have merit to begin with. Or number two, your lawyer didn’t handle the case properly.”
Richard Halpern
Ryan Breedon, who spent several years working for a law firm that was counsel to the CMPA in Ontario, adds that medical malpractice is difficult to litigate and often expensive. “It’s more about the law and the standard of proof that a plaintiff has to meet. The approach of the CMPA is that if a case is considered defensible, they will defend it, and if not, it will be settled. I don’t take issue with that.”
Breedon adds that smaller cases often don’t get pursued because of how the system is set up. However, the flip side of the coin is that serious cases involving catastrophic injury are given settlements or awards to meet their care needs better. Unlike insurance for vehicle accidents, there are no limits on medical malpractice cases.
The question of reputation is important for members of the medical profession, says Breedon, as it can have lasting consequences. He says that no procedure or treatment has a 100 per cent chance of success, and someone will inevitably be on the wrong side of the statistics. “These cases tend to be litigated in the communities where doctors live and work, and it’s not like a car accident with insurance, which will be settled.”
Halpern agrees, saying doctors are entitled to protect their reputation. He adds that what a patient sees as malpractice in many cases is simply a bad outcome despite a proper standard of care. And often, there is an underlying health issue with the patient, or the nature of the procedure comes with some known risks that the patient should have agreed to through informed consent.
“Every procedure carries risk. Not all bad outcomes are due to bad care, but some are,” Halpern says. The role of the malpractice lawyer is to tease out which are which.
However, Harte says the system under the CMPA works on the “archaic view that doctors never make mistakes,” and too much time is spent defending that view. The premise is, “if you admit to any kind of an error, that means that you’re inherently not a good doctor and your reputation takes a hit,” he says. That isn’t the case, he adds — “even excellent doctors make mistakes.”
When it comes to government reimbursement of most of the fees doctors pay to be part of the CMPA, Harte says this goes back to the rise of medical malpractice premiums in the 1980s, particularly in the United States, and the fear that the same thing might happen here. This resulted in medical associations arguing that this could mean losing doctors, so they struck an agreement with the provinces outlining how the government would reimburse any increase in fees beyond a certain base level. According to Harte, “Now, 30 years later, every specialty pays a different premium, but in general, 90 per cent of the premium is reimbursed because that base rate has even been increased by inflation.”
Halpern argues that subsidizing doctors on malpractice fees is a fair trade-off for Canada’s universal healthcare system. “Because of that, the system has capped earnings for doctors. They are told what to charge for a procedure,” he says, arguing that doctors in Canada are probably underpaid relative to counterparts elsewhere. “One of the things doctors were able to negotiate was partial subsidization of their premiums for malpractice. I think that’s completely appropriate.”
The CMPA’s Watkins contends the group is not subsidized and does not receive any funding from governments or taxpayers. “The CMPA collects membership fees from doctors each year, and these funds held are used to compensate patients injured as a result of negligent medical care [or fault in Quebec], support members facing medico-legal difficulties and advance safe medical care.”
Instead of paying doctors more money, he says, governments reimburse doctors directly for a portion of their CMPA fees. “The amount of reimbursement varies by province or territory depending on the specific provincial-territorial agreement in place. These agreements are negotiated by provincial or territorial medical associations or federations. The CMPA is not a party to these negotiations or agreements.”
The other challenge for malpractice plaintiffs is finding expert witnesses to testify whether a physician was negligent and if poor performance hurt the patient. Harte says most cases rest on such evidence. Plaintiff lawyers say it’s challenging to find someone willing to testify against a colleague, and a culture of silence and “circling the wagons” exist.
However, Halpern at Gluckstein says too much is made of this argument. He says it is true that many doctors are hesitant to criticize their colleagues, “but I have been doing this more than three decades now, and I’ve never had a case where I couldn’t find an expert who was prepared to give me an objective opinion.”
“It may be challenging for us to find experts who are prepared to testify. The fact is that there are always highly qualified, very competent experts who will look at your case and provide you with an objective opinion.”
Breedon agrees, saying the inability to find experts to testify for the plaintiff is “overblown.”
As for solutions to some of the challenges of dealing with malpractice cases, especially at the lower end of the potential award or settlement spectrum, they range from better education and training to no-fault insurance models used for vehicle accident claims.
Says Harte: “How do you fix the problem? The answer is changing the mandate of the CMPA from protecting doctors’ professional reputations to compensating victims of medical mistakes at the lowest reasonable cost.” He says the current system leads to a huge dichotomy between winners and losers — with the most serious cases of proven malpractice well-compensated while cases of lesser economic value are shut out of the system.
A more inclusive system would lead to greater economic dealing of more cases, which would mean there would be more lawyers to represent malpractice litigants. “We need to figure out a way to reduce transaction costs. And one of the ways you do that is by settling cases quickly by identifying any case that has to be resolved and settling it for a fair dollar.”
Breedon says the concept behind finding ways to make it more economical to deal with the cases below is good in theory. Still, he worries that such a system might mean less for the most catastrophic cases — where large settlements can impact quality of life.
Halpern says preserving the tort system for medical malpractice cases is crucial, explaining that versions of no-fault insurance in other countries have not worked well. “The notion that there might be a correlation between no-fault medical compensation and improved patient safety is absurd.”
Indeed, eliminating the accountability and deterrent effect of the tort system means it is likely to put more patients at risk, he says. As part of the Holland group, which includes CMPA lawyers and plaintiff lawyers, to look at possible reforms, Halpern says any potential changes would not undermine the tort system.
“We encourage best practices, both on the defense side and on the plaintiff side. And what that means is that we encourage lawyers who engage in this work to carefully evaluate cases early to determine early on whether or not the standard of care or causation has been met ... and then to proceed only with cases where you can establish that there is merit.”
Paul Harte
Principal Lawyer
Paul Harte is the principal lawyer of Harte Law. He has been assisting victims of medical mistakes and their families for over 20 years. Paul is a leading medical malpractice lawyer, widely recognized by his peers. He is a certified specialist in Health Law and Civil Litigation. Paul has settled or tried hundreds of medical negligence claims.Paul has degrees in economics, law and an M.B.A., all from the University of Western Ontario. He has been admitted to the Bar in Ontario, Alberta and Nunavut and assists injured victims and their families across Canada. Paul is a past President of the Ontario Trial Lawyers Association (OTLA) and past chair of OTLA’s Medical Malpractice Section. He is currently the Chair of OTLA’s Standards of Excellence Committee.
Paul is a frequent invited speaker at legal conferences throughout North America, providing continuing legal education sessions to the American Association for Justice, Ontario Bar Association, Advocates’ Society, Ontario Trial Lawyers Association, Osgoode Hall PD and the Medico-Legal Society of Toronto.
Paul has been involved in several high profile matters including the Commission of Inquiry into the Blood Supply in Canada, the Wilson Hepatitis B Class Action lawsuit, litigation involving 225 patients of the former Dr. Errol Wai-Ping, 99 patients of former gynecologist Richard Austin, co-counsel in the Testaguzza Acupuncture Class Action and lead counsel in the Rothbart Pain Clinic Class Action. He was counsel in D.P. v. Wagg, a landmark Ontario Court of Appeal case on the admissibility of crown evidence in civil lawsuits.
Richard Halpern
- Email halpern@gluckstein.com
- Phone (416) 408-4252 ext. 263
Ryan Breedon
Medical bias may shed light on malpractice cases where many doctors made same mistake: lawyer
Medical negligence, a less obvious form of malpractice, is at heart of many negligent care cases
Alex Sayn-Wittgenstein, Sayn-Witt Law Corporation and Murphy Battista LLP |Credit: Murphy Battista website Alex Sayn-Wittgenstein, a lawyer practising at Sayn-Witt Law Corporation and at Murphy Battista LLP, spoke with Canadian Lawyer’s regarding the potential legal implications of doctors and nurses having stereotypes, biases and presumptions about their patients.
(1) Is there anything that lawyers in Canada should keep in mind when looking at this less obvious form of medical negligence or medical malpractice?
It is helpful to have the typical forms of bias in mind prior to proceeding with examinations for discovery of the defendant health professionals since it can result in areas of questioning that may otherwise be missed.
The CMPA website (national organization that defends doctors) includes a “Common Cognitive Biases” section in their “Good Practice Guide” which provides short descriptions of some forms of bias that arise in a medical setting.
(2) What is the state of the case law, if any, in relation to biased medical treatment claims? How have courts and/or regulators dealt with such claims differently, in comparison to their rulings in medical negligence or medical malpractice cases?
To be clear, medical bias is not distinct from medical negligence claims. Rather, it provides a potential explanation as to why doctors or nurses made a mistake. For instance, it can be helpful in explaining to a judge how it is that multiple doctors made the same mistake. Ultimately, a lawyer still has to establish that substandard care was provided; e.g. wrong diagnosis.
(3) Do you have any other insights relevant to medical malpractice lawyers in Canada?
Cognitive biases are a source for errors made in all professions — everything from aviation pilots to the legal profession. The medical field is somewhat unique given the number of handovers in care (from one doctor or nurse to another) that can occur during a hospital attendance — with handovers increasing the risk of presumptions being made rather than careful re-examination.
A blog post by Sayn-Wittgenstein explained the bandwagon effect, one type of bias that medical professionals may have, which occurs when a patient’s subsequent doctors, without sufficient thought or analysis, adopt the assessment and diagnosis of the earlier doctors. This deference to the initial assessment may cause serious problems if the first doctor was dismissive and sent home the patient without proper treatment, Sayn-Wittgenstein said.
Another type of bias involves so-called “frequent flyers” or patients who make numerous hospital visits for the same seemingly minor problem. While doctors may conclude that such patients are a drain on the system and should be handled swiftly to free up hospital space, this presumption “ignores the fact that most people would prefer to be almost anywhere other than stuck in an ER waiting room,” wrote Sayn-Wittgenstein.
The proper practice identifies return trips to the hospital over a short time, without signs of improvement, as a situation that requires greater caution and as a red-flag warning that the most common and usually least dangerous diagnosis may be incorrect and may be masking a serious problem, Sayn-Wittgenstein added.
Sayn-Wittgenstein noted that, while the medical community has increasingly recognized the risks of such biases and has attempted to educate doctors and nurses, this issue is still a major cause of avoidable injuries.
Alex Sayn-Wittgenstein
Personal Injury Lawyer
*Sayn-Witt Law Corporation
Tel: 604-683-9621
The challenges and complexities of medical malpractice litigation
Examining the tremendous expense required to provide access to justice
Bogoroch & Associates LLP covers the challenges and complexities unique to the complex practice area of medical and hospital malpractice litigation. This exclusive session is complementary and eligible for up to one substantive hour. Lawyers, paralegals, law clerks, and persons interested in learning practical tips for examining and cross-examining expert witnesses can all benefit from the webinar. Watch panel of experienced trial lawyers who act for plaintiffs as they address recent case law and timely and topical issues, including case selections, the increasing expenses involved from investigation to trial, the important role of the expert witness, and many more. Watch now and gain insight into:
- Guide to case selection
- The role of the expert witness: Choosing the best expert-jury and non-jury considerations
- Practical tips for examining and cross-examining the defence expert
- The future of medical malpractice litigation
- Bogoroch & Associates LLP
- 150 King Street West, Suite 1901
- Toronto, Ontario M5H 1J9
- Canada
- tel: 416-599-1700
- toll free: 1-866-599-1700
- fax:416-599-1800
- email: info@bogoroch.com
Fighting the good fight in ‘David & Goliath’ litigation
Bogoroch & Associates’ Heidi Brown on firm values, access to justice and challenging med mal cases
Heidi Brown says a large part of Bogoroch & Associates’ value system is practising gratitude
When Richard Bogoroch approached her with a job offer, Heidi Brown was ready for a new challenge. After seven years at the Office of the Children’s Lawyer, she could think of no better way to further her passion for access to justice than by training under the tutelage of one of the leading plaintiff personal injury and medical malpractice lawyers who, in late 1999, was launching his own firm.
The two met when the latter assisted the OCL as outside counsel on behalf of injured children. Bogoroch recognized Brown as a likeminded champion for injured clients and invited her to come aboard to help build a firm in that image — and the rest, as they say, is history.
Starting out with just three lawyers and a commitment to excellence in the fields of personal injury and medical malpractice, Bogoroch & Associates LLP has grown to 12 lawyers and counting. Brown, who has been with the firm for 21 years and is now a partner, is proud to have been involved since the firm’s inception.
“We wanted to practice personal injury at the highest level and medical malpractice is certainly that,” she says. “We are all highly motivated people. When you decide to practice litigation, you have to strive to be the best that you can be.”
Bogoroch — whom she calls “brilliant, committed and passionate about the practice of personal injury law” — runs the firm collaboratively, not in silos. The teamwork model is their preferred way to practice given the demands of a busy litigation practice, Brown says, adding the firm is a meritocracy — they rely on and support each other and pride themselves on excellent client service and communication. While COVID-19 has made it challenging to see clients face-to-face, regular Zoom meetings, phone calls and email communication with clients has, in many ways, enhanced lawyer-client communication. Brown even gets texts on her private phone now, adding it’s all about being accessible and making sure clients know they’re there for them.
Moving cases quickly and efficiently is also a core value of Bogoroch & Associates — a client shouldn’t have to wait for years after a car accident to get their case resolved. From time to time, Brown says the firm is asked to take over cases where many years have elapsed since the accident and the action has not even reached the examination for discovery stage.
“That is not how we practice law at our firm — that is abhorrent to us,” Brown says. “We aim to issue a statement of claim within three to six months of becoming retained in motor vehicle accident and general tort claims. We further aim to get all the pieces in place so that most cases settle at a mediation within two to two-and-a-half years. If they don’t have a catastrophic component to them, that’s usually achievable.”
Brown’s practice is diverse and includes motor vehicle accidents, Occupiers’ Liability, long-term disability and product liability cases as well as medical and hospital malpractice cases. She calls medical malpractice “a very David and Goliath type of litigation” as statistically approximately 80% of cases that do go to trial are won by the doctors who are represented by very capable litigators across the country, retained by the Canadian Medical Protective Association. Despite the odds, these tough cases are “the ones that really get my juices going,” Brown says.
“They’re such interesting legal issues and medical issues — you have to be sharp on your legal skills and you’ve got to know the law.”
One of the most critical challenges in these cases is finding medical experts to opine on the issues of standard of care and causation, without which a case cannot succeed. Retaining experts is expensive and also requires a certain degree of skill and expertise to find doctors with the requisite credentials who are prepared to critique the care and treatment provided by their professional colleagues. Physicians must also be educated about the law, and moreover, creativity is also required to “build a case from the ground up in a system that’s weighted heavily in favour of the physicians,” Brown says.
In an access to justice context, medical malpractice has always been difficult for people because litigation is so expensive. A large part of the firm’s value system is practising gratitude, and for Brown working in this area “is about wanting to give back because the system doesn’t have a mechanism for it — there’s no access to legal aid or any plan that finances medical malpractice cases.”
“It’s a big deficit in our justice system that people don’t have the financial means to just get answers, which is often all they really want in addition to the compensation they badly need,” she says. “We are grateful to have the means to provide clients with those answers, with peace of mind and knowledge they were malpracticed against and of course, to obtain for them the compensation they require and deserve. If you’re in a position to give back you shouldn't hesitate — it’s a no-brainer.”
Having been on the board of the Ontario Trial Lawyers Association for eight years, Brown says she takes that role “very seriously as an extension of what I do at the firm.” She enjoys all aspects of plaintiff personal injury, including "obtaining much needed compensation for people in crisis, using my creativity to build a persuasive case on behalf of my client, working with highly regarded and credentialed experts in the medical field and constantly learning both law and procedure to be the best that I can be.”
“I feel strongly this is part of my mission as a lawyer,” she says.“This is the grassroots kind of law that not only makes a difference but also brings meaning to my life.”
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From: Johanne Perron <johanne.perron@equite-equity.
Date: Fri, 5 Aug 2022 13:43:46 +0000
Subject: Automatic reply: Hey Higgy Have your buddy Margaret Melanson
tell us another one will ya?
To: David Amos <david.raymond.amos333@gmail.
(English follows.)
Bonjour ! Je suis en vacances et serai de retour au bureau le 16
août. Pour une réponse rapide, veuillez contacter notre coordonnatrice
des Affaires publiques et des communications, Rachel Richard
(rachel.richard@equite-equity.
vacances du 1er au 5 août, inclusivement. Si votre message ne requiert
pas de réponse immédiate, il me fera plaisir de vous répondre dès mon
retour. Bonne journée !
Hello! I am on vacation and will be back in the office on August 16.
For an early answer, please contact our Public Affairs and
Communications Coordinator, Rachel Richard
(rachel.richard@equite-equity.
vacation from August 1 to 5, inclusively. If you don't require an
immediate answer, I will be happy to get back to you when I return to
the office. Have a nice day!
Johanne
---------- Original message ----------
From: "Green, Matthew - M.P." <Matthew.Green@parl.gc.ca>
Date: Fri, 5 Aug 2022 13:45:01 +0000
Subject: Automatic reply: Hey Higgy Have your buddy Margaret Melanson
tell us another one will ya?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email and for taking the time to contact the
office of MP Matthew Green to express your views. This automatic
response is to let you know that we have received your message.
For the most up to date information on Canada’s response to COVID-19
as well as information on financial assistance and travel restrictions
please visit: https://www.canada.ca/en.html
Please note: Our office is currently closed to the public due to the
COVID-19 pandemic. Our staff continue to work on your behalf, but no
in-person meetings will be scheduled at this time. Please be assured
that casework emails will be forwarded to the appropriate staff member
and you can always contact our office by phone at (905) 526-0770.
Due to much higher than normal levels of correspondence, our response
time for non-urgent requests has temporarily increased as we
prioritize urgent emails from constituents of Hamilton Centre and
emails related to Matthew’s critic responsibilities.
Form letter campaigns, anonymous or cc’ed emails as well as
non-critic/non-riding correspondence may not receive a direct response
and it may take several weeks for you to receive a response to your
inquiry.
Thank you again for writing, and please be assured that all email sent
to my office is treated as confidential.
_______________________________________________________________________________________________________
Bonjour. Nous accusons réception de votre message et vous remercions
d’avoir écrit au bureau du député Matthew Green. Ceci est une réponse
automatique.
Veuillez noter que notre bureau est fermé du 22 décembre au 4 janvier.
Pour des renseignements à jour sur la réponse du Canada à la COVID-19,
l’aide financière et les restrictions de voyage, consultez
https://www.canada.ca/fr.html.
Veuillez noter que notre bureau est fermé en raison de la pandémie de
COVID-19. Notre personnel continue de travailler pour vous, mais nous
ne pouvons organiser de rencontre en personne pour l’instant. Sachez
cependant que tous les courriels sont acheminés à qui de droit et que
vous pouvez toujours nous contacter par téléphone au 905-526-0770.
Comme nous recevons beaucoup plus de correspondance qu’en temps
normal, les délais de réponse aux demandes non urgentes sont plus
longs. Notre priorité va aux courriels urgents venant des habitants de
la circonscription de Hamilton-Centre ou portant sur les
responsabilités essentielles de M. Green.
Il se pourrait que nous ne répondions pas directement aux campagnes de
lettres, aux courriels anonymes, aux courriels envoyés en copie
conforme (c.c.) et à la correspondance ne portant pas sur des
questions essentielles ou relatives à la circonscription. Il pourrait
s’écouler plusieurs semaines avant que nous puissions y répondre.
Nous vous remercions de nous avoir écrit et sachez que tous les
courriels envoyés à mon bureau sont traités confidentiellement.
From: David Amos <david.raymond.amos333@gmail.
Date: Fri, 5 Aug 2022 10:43:38 -0300
Subject: Hey Higgy Have your buddy Margaret Melanson tell us another
one will ya?
To: David.Zaslowsky@bakermckenzie.
William.Devaney@bakermckenzie.
info@ecaair.org, achilds@mikmawconservation.ca, admin@acic-caci.org,
info@equite-equity.com, moncef.lakouas@bgcmoncton.com,
minister-ministre@swc-cfc.gc.
Matthew.Green@parl.gc.ca, Tammy.Scott-Wallace@gnb.ca,
sean.fraser@parl.gc.ca, jan.jensen@justice.gc.ca, "barbara.massey"
<barbara.massey@justice.gc.ca>, JIM.HOLLOWAY@bakermckenzie.com,
"erin.otoole" <erin.otoole@parl.gc.ca>, "jagmeet.singh"
<jagmeet.singh@parl.gc.ca>, rob.moore@parl.gc.ca, "John.Williamson"
<John.Williamson@parl.gc.ca>, "barb.whitenect"
<barb.whitenect@gnb.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>,
info@susanholt.ca, hannah.rudderham@cbc.ca, susan@susanholt.ca,
"Robert. Jones" <Robert.Jones@cbc.ca>, info@donaldarseneault.ca,
info@tjharvey.ca, oldmaison <oldmaison@yahoo.com>, andre
<andre@jafaust.com>, andrew <andrew@frankmagazine.ca>, briangallant10
<briangallant10@gmail.com>, "bruce.fitch" <bruce.fitch@gnb.ca>,
"robert.mckee" <robert.mckee@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
david.coon@gnb.ca, "Roger.L.Melanson" <roger.l.melanson@gnb.ca>,
"benoit.bourque" <benoit.bourque@gnb.ca>, pm <pm@pm.gc.ca>,
"Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>
Cc: motomaniac333@gmail.com, moncef.lakouas@nbmc-cmnb.ca,
"Dr.France.Desrosiers" <Dr.France.Desrosiers@
johannelise.landry@ccnb.ca, johannelise.landry@vitalitenb.
"Horizon has a thorough quality review process in place which ensures
concerns expressed by a patient about the care they receive in our
facilities are followed up on."
Need I say that one was PURE D BS???
https://davidraymondamos3.
Tuesday, 2 August 2022
After more hospital complaints, Higgs gets involved in health-care system — again
Round 4
Horizon hires workers to monitor patients in 5 hospital ERs in wake of Fredericton death
Patient service worker in place at ER waiting rooms in Moncton, Saint John, Fredericton, Miramichi, Waterville
The health authority has launched a pilot project, bringing what it's calling patient service workers into the emergency department waiting rooms of five of its biggest hospitals.
"Essentially, these health-care workers will be in the emergency departments to monitor the status — the health status — of those individuals who are waiting for care," said Margaret Melanson, interim president and CEO of Horizon on CBC Radio's Information Morning in the Summer.
"And having the ability to quickly move to the triage nurse to report if there is any patient who is in distress or reporting any decline in their condition, increasing pain or a need for them to be reassessed in terms of their priority status."
Melanson said there will be patient service workers around 24 hours a day, seven days a week at the emergency department waiting rooms in Moncton, Saint John, Fredericton, Miramichi and Waterville.
Margaret
Melanson, interim president and CEO of Horizon Health Network, said the
patient service workers will monitor the condition of patients waiting
in hospital emergency departments. (Horizon Health Network)
Melanson said a licenced practical nurse often performed this role in the past, however recent staffing shortages required them to work other roles in the emergency department.
"So at this time, what we have done is augment the people who are in these waiting rooms now carrying out this work, so it's not just an LPN, it is also patient service workers," she said.
"And fortunately, over the summer, we have a large number of nursing students who are very well prepared to be able to take vital signs and carry out these comfort measures and interactions with patients that we spoke about."
Melanson said the move is directly related to the death of a man while waiting for care at the Dr. Everett Chalmers Regional Hospital in Fredericton on July 12.
The incident prompted Horizon to undertake a review, and later that week, led Premier Blaine Higgs to fire John Dornan from his role as president and CEO of Horizon Health Network.
He also withdrew the boards of directors for both Horizon and Vitalité Health Network and replaced them with individual trustees.
Attention needed for 'root' of long wait times
John Staples was in the emergency department waiting room at the Chalmers when he saw an elderly man waiting in discomfort before appearing to fall asleep and stop breathing.
He thinks any action to improve health-care in the province is positive.
John
Staples said the addition of patient service workers is positive, but
doesn't address the root cause of long wait times at hospital emergency
departments. (Submitted by John Staples)
"Definitely the pilot project that they're putting in place, had it been in place the night of that incident, of the gentleman's death, it could have made a difference? I don't know," said Staples.
"But to have somebody checking on people and just the reassurance alone, I think, will make a positive effect in the waiting room."
At the same time, Staples said the move seems to only address the symptoms of what's plaguing health care in New Brunswick, and not the root cause.
"Why are people waiting in waiting rooms for eight, 10, 12 hours at a time and not getting the medical care that they need," he said.
"If we don't have the personnel available to help those who need help, well, again, we need to go back and look at the root problem."
Melanson said Horizon plans to hire more people over the summer to be ready to take on the role once summer students go back to school.
She said the intent is to make the pilot project permanent, and said they'll assess the effect it's had on patient care at the end of the summer.
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This is a PR move pure and simple. Putting in another layer of staff, to talk to other staff is absurd.
Fix whatever the basic problem is.
The military is very good at this work; adopt those models.
There is in fact a question as to whether Dornan was fired over the death or his pending recommendation to return to a "red" stage because of Covid in hospitals. No mention of that here.
PS: "'Pilot project" is government-speak for we have no idea what to do but this may work if we are lucky.
I feel sorry for whoever ends up in these jobs; they could end up facing a lot of negativity from irate patients when there is really little or nothing they can do.
Fredericton ER death compounds grief for mother who lost baby
Aimee Dunn says Chalmers Hospital promised more compassionate care
When Aimee Dunn heard that a patient died alone in the waiting room of a Fredericton emergency department less than four months after she lost her infant in the same ER, she felt grief and rage all over again.
"My baby looked perfect," said Dunn, who had to be delivered of a stillborn girl by C-section on March 23 at the Dr. Everett Chalmers Regional Hospital.
"They promised to do better. Now someone else is dead."
At the heart of Dunn's pain is why it took 12 hours for anyone to check on the health of her baby.
WATCH | Fredericton couple still in grief after losing child in ER
Dunn, who was 35 weeks pregnant, says her medical history should have prompted her pregnancy to be a top concern.
At 30, Dunn had already had one miscarriage and an ectopic pregnancy.
A diabetic from childhood, she came into the hospital wearing her insulin pump.
A plaster cast of Reia Dunn’s feet and hands, given to Dunn and Waite by
staff at the Dr. Everett Chalmers Regional Hospital. (Submitted by
Aimee Dunn)
And her records showed she'd had lupus, an autoimmune disease that can raise the risk of pregnancy complications.
She said she'd been in the care of Dr. Erica Holloway, a maternal fetal specialist.
Dunn believed the maternity ward would take good care of her.
She knew its corners and its crannies, working there nights in housekeeping.
Her tasks include taking out the garbage, disinfecting equipment and cleaning up after women give birth in the labour and delivery unit.
"It can take up to an hour," Dunn said. "But none of this bothers me. I'm happy to do it. "
Something went wrong
On March 22, when Dunn was still excited that her day was coming — that soon she'd be a mother herself in labour and delivery, holding the baby girl she'd already decided to name Reia — she started feeling pain.
She began vomiting and heaving uncontrollably.
Her partner, Mitchell Waite, said he called labour and delivery and was told to bring Dunn in.
But when they got to the unit, they were turned away and instructed to go to the emergency department instead.
Dunn was admitted immediately at 5:43 p.m., according to the autopsy report.
Already, she symptoms of preeclampsia, a known risk factor in maternal death and fetal death.
But Dr. Stephen Cashman in the ER seemed preoccupied with her cannabis use, Dunn said.
She had been diagnosed early in her pregnancy with hyperemesis, or severe nausea and vomiting. A cannabis user since age 15, she decided to keep using it during her pregnancy against the advice of her physicians. She said it helped reduce the nausea, but more important, it gave her an appetite.
Dunn
says she’s getting by with support from her friends and family. From
left are Aimee’s grandmother Albina Stuckless, Aimee, best friend Anita
Mihailescu and Aimee’s mother Joanne Dunn. (Rachel Cave/CBC)
In the ER, both Dunn and Waite felt dismissed by nursing staff and Cashman.
"He really didn't want to do anything else with us," Waite said. "He won't even talk to me, and I don't even smoke weed.
"Both him and the nurse were treating us just like poor people who were potheads."
Dunn's medical records indicate Cashman was planning to discharge Dunn, but she was reluctant to go and insisted on staying overnight.
She doesn't remember Waite leaving the hospital around 10 o'clock that night.
"I thought everything was handled at this point," Waite said. "She's in good hands. She's in a good place. She's going to get the care she needs.
"That wasn't the case at all."
No fetal heartbeat
According to an emergency room report written by Dr. Anthony Sarkisian, Cashman managed Dunn's care until she was handed over to Dr. Yogi Seghal, who then handed her over to Sarkisian at 1 a.m.
At that time, Dunn was described as stable with normal blood pressure. According to Sarkisian's report, Seghal had reported Dunn was assessed by labour and delivery, which felt her symptoms were not related to her pregnancy so directed her to the ER.
Dunn insists she wasn't seen in labour and delivery.
Just before 6 a m., Sarkisian wrote, it was brought to his attention for the first time that Dunn had elevated blood pressure.
He reviewed her vitals and labs and realized she had consistently had high blood pressure since presenting to the ER.
Aimee Dunn and Mitchell Waite after their March 5 baby shower. (Submitted by Aimee Dunn)
"It was clear to me at that time that the patient was suffering from preeclampsia," he wrote.
He also noted that attempts were made to reach Dr. Sheri-Lee Samson, the obstetrician on call, but she and another doctor had been in the operating rooms, performing emergency caesarean sections.
He noted that Dunn was in diabetic ketoacidosis.
Soon thereafter, she had a seizure and was rushed to acute care for resuscitation.
When "obstetrics" saw Dunn at 6:30 a.m. on March 23, no fetal heartbeat could be identified, the autopsy report said.
'Doesn't sound good'
Waite, a mechanic, said he was getting ready for work when he got the call to come back to the hospital.
"They said I had to go to L and D [labour and delivery] right away, and I was like, OK, this doesn't sound good," said Waite.
"So I'm in L and D and they're explaining what's going on, and they told me about the seizures. They weren't upfront about Reia dying.
"They're like, 'It's possible she may have passed away.' So I was left there, not quite understanding the whole concept."
Dr. Erica Schollenberg, with the department of pathology at the IWK Hospital in Halifax, wrote in her autopsy report that the fetus was anatomically normal and likely died in the overnight hours.
"Specific mechanism of fetal demise in maternal eclampsia is not well understood but is likely asphyxial due to acute insufficiency of vascular supply from the uterus to the placenta," she wrote.
By the time Dunn had her seizure, Schollenberg said, she had laboratory features of both eclampsia and diabetic ketoacidosis.
Hospital's apology
Dunn said it took her a while to find the strength to ask for her medical records.
When she got them, she felt sick all over again.
She wrote a detailed complaint describing what happened to Horizon patient representative Gillian Gillies, who set a meeting for May 31.
Also present were Nicole Tupper, the hospital's executive director, Dr. Erica Frecker, head of obstetrics, and Dr. Krishna Pulchan, head of emergency medicine.
"They basically apologized for what happened," Waite said.
Dunn said she was touched by Pulchan's kindness.
"He was a really quiet man ,and when he ended up having his turn, he spoke very softly," she recalled.
Dunn and Waite decorated a child's room in whites and pinks ahead of Dunn’s due date of April 27. (Submitted by Aimee Dunn)
She said Pulchan offered his deepest condolences and told her tears had come to his eyes when he read the complaint.
"He couldn't believe how out of all that happened that night, if one person would have given any type of compassion that this result could have possibly been changed," Dunn said.
"Yeah that was the problem," Waite said. "Nobody really cared enough that night."
Neither Dunn nor Waite took notes of what was said in the meeting. They said they were told there were not enough emergency specialists to staff the ER, so family doctors were filling the gap.
They also said the hospital was working on plans to add critical triage care to the labour and delivery unit. The emergency department would be making changes to better monitor patients in the ER waiting room.
Horizon's statement
CBC News requested interviews with any of the physicians who were present at the May 31 meeting and a copy of any action plan that resulted from the review.
No interviews or details were provided.
Instead, Horizon forwarded a written statement from Margaret Melanson, the interim president and CEO.
"Horizon has a thorough quality review process in place which ensures concerns expressed by a patient about the care they receive in our facilities are followed up on. Results — as well as any recommendations or mitigating actions — that may come from the review are shared openly and transparently with the patient and their loved ones," wrote Melanson.
Complaint filed with college
Dunn said she filed a complaint with the College of Physicians and Surgeons of New Brunswick. The college did confirm it's reviewing her complaint filed against Dr. Stephen Cashman of Vancouver.
Outgoing president Dr. Ed Schollenberg said Cashman will be given an opportunity to respond before the college decides next steps.
The college could decide to conduct a disciplinary hearing.
Schollenberg said it all takes time and he wondered if this case would end up under the scrutiny of a coroner's inquest.
"I would think this would be eligible," he said.
Dunn and Waite are still grieving the loss of their first child.
The hospital let Dunn hold Reia for a while. She was also given a plaster cast of Reia's tiny feet and hands and a handprint.
Dunn said what she really wants, since she'll never get her baby back, is to have the hospital follow through on what it promised.
Another death in ER
On July 12, a man described as a senior sitting in a wheelchair died alone while waiting to be seen in the Chalmers ER.
Dunn was shocked. She'd been told staff would get "compassion training" and improvements were already in the works.
"They said they had a new plan to make sure that patients in the waiting room would be seen by someone and would get some kind of treatment while they were waiting. Even if it's just Gravol for nausea."
She doesn't want to hear about people not getting proper care in the emergency room.
"At this point we're determined to keep fighting for change," Dunn said.
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