Liberals promise 30 collaborative health-care clinics before 2028
In first major commitment ahead of election, leader Susan Holt says clinics would improve primary-care access
Liberal Leader Susan Holt is promising to open "at least" 30 collaborative health-care clinics in her first three years of power in order to cut wait times for primary care.
Holt said the commitment — the party's first major promise ahead of the fall election campaign — would cost $115.2 million over four years.
"Your health care is our number one priority," she said. "We will cut your wait time for care."
Holt said if she's elected, the first four clinics, in Fredericton, St. Stephen, Sussex and Campbellton, would open in 2025, and the rest would be operating before 2028.
The first four locations are in areas that were promised "integrated community care" facilities in the Higgs government's 2022 throne speech. The other sites were based on data from the arm's-length New Brunswick Health Council, she said.
The centres would bring together doctors, nurses, nurse practitioners, psychologists, physiotherapists, pharmacists and others "to provide a health-care home for patients," the Liberals said.
WATCH | 'We will cut your wait time for care': Liberals promise better access
Holt said that some of the 30 new clinics would be managed by the regional health authorities, some would be set up by groups of clinicians and still others might be through partnerships with municipalities.
Holt was joined by 16 Liberal candidates for her announcement in Fredericton, where the lack of access to primary care is acute.
According to the council, 79 per cent of New Brunswickers have access to primary care, down from 93 per cent in 2017.
Holt invited New Brunswickers to measure the success of her plan based on those numbers, saying she was aiming to increase that percentage above 80 per cent and was "shooting" to get it higher than 90 per cent.
She also said reducing the 180,000 people on the wait list for a doctor would be another measure.
"Our government is prepared to be held accountable to these commitments," she said.
Premier
Blaine Higgs said Monday he wouldn’t respond to the Liberal criticism
but pointed out his government is also working on rolling out
collaborative care clinics. (Jacques Poitras/CBC)
The Liberal leader said the $115.2 million cost included capital costs for clinic spaces and technology, and the hiring of non-clinical administrative staff for each centre.
Taking the paperwork burden off doctors and nurse practitioners would free up more of their time to see patients and would make it more attractive to recruit more professionals, she said.
Many family doctors "tell us they are drowning in a broken model of primary care that needs to be fixed," Holt said.
She said there are additional clinics ready to go in several communities, including in Sussex and Haut-Madawaska, but the province hasn't put enough supports in place, such as funding for administrative support.
In June, Health Minister Bruce Fitch announced several changes to reduce the administrative load on doctors and to encourage more of them to join collaborative care clinics.
Premier Blaine Higgs said Monday he wouldn't respond to the Liberal criticism but pointed out his government is also working on rolling out collaborative care clinics.
"We have to find different ways to deliver primary care," he said.
In July, Fitch said 26 of the 35 initiatives in the government's 2022 health plan have been completed.
That included connecting 59,000 people to New Brunswick Health Link, which allows people without a primary care provider to register to see someone in the interim.
The PC party's executive director Doug Williams said the previous Liberal government of Brian Gallant, which Holt worked for, had promised every New Brunswick a family doctor.
"Today's announcement by Susan Holt continues a Liberal tradition of making big healthcare promises before an election that are completely ignored as soon as the vote is over," Williams said in an email.
New
Brunswick Health Council CEO Stéphane Robichaud told CBC News recently
that New Brunswick has among the highest provincial rates of family
doctors in solo practices. (Submitted by Stéphane Robichaud)
New Brunswick Health Council CEO Stéphane Robichaud told CBC News recently that New Brunswick has among the highest provincial rates of family doctors in solo practices.
With many physicians retiring, that leaves patients susceptible to losing access to care, given no provincial co-ordination of primary care.
"That environment has not been managed at all," said Robichaud.
ABOUT THE AUTHOR
With files from Nipun Tiwari
143 Comments
Why would Holt make such a promise?
Don Corey
Reply to David Amos
Good question. It certainly will not be kept; not even close.
Ed Franks
Reply to David Amos
I reckon she wants to get elected. Too bad she is not the incumbent, she could bribe us with our own money.
David lutz
And who does she think will staff these? It's
easy to say you will create these clinics, but the issue is getting
people to staff them.
David Amos
Reply to David lutz
Hmmm
Dan Lee
Fredericton emergency room doctor Dr. Yogi Sehgal is
asking whether it's time for the provincial government to declare a
state of emergency for what he calls a medical system in “crisis
mode.”22 hours ago
scary...... under Higgs............not a word from health minister
Ronald Miller
Reply to Dan Lee
It is very much in bad shape, of course most of
us realize it has been in bad shape for decades, and is in bad shape
country wide. But let's not use any critical thinking and think this
all happened under Higgs and is new to NB and not happening country
wide.
Bobby Richards
Reply to Dan Lee
"That environment has not been managed at all," NB Health Council CEO Stéphane Robichaud.
In 2018 Higgs touted himself as an experienced manager and legislator that would hit the ground running. Six years later NB healthcare is in way worse shape.
Crisis in the ER: Fredericton doctor asks if it’s time to call a state of emergency
WATCH: With limited doctors and nurses,
one Fredericton emergency room doctor is asking if the province should
enact a state of emergency. He says the health-care system in
Fredericton is in crisis.
Fredericton emergency room doctor Dr. Yogi Sehgal is asking whether it’s time for the provincial government to declare a state of emergency for what he calls a medical system in “crisis mode.”
He said Fredericton, N.B., is decades behind what it should be, with an aging population and too few physicians for a rising demand for health care.
Code Orange
On Aug. 24, Sehgal says, he was called into work after his shift to help with a Code Orange – the number of incoming patients exceeded the department’s normal capacity.
He said there were nine trauma patients in the ER in addition to expected patients. With a shortage of space, he had to assess some patients in what were “essentially hallways.”
He added that patients with less serious ailments weren’t seen for hours, which can be dangerous for people with conditions like appendicitis where delaying treatment can make the situation worse.
“The one that’s OK for a bit but does get into trouble,” he said.
He wants to know whether a state of emergency might temporarily reduce strain on the system as a band-aid solution while the medical system is revamped.
“Would it benefit us to be in a state of emergency, and if it is, then why wouldn’t a politician do it?” he asked in an interview with Global News.
Provincial state of emergency
According to the Government of New Brunswick’s website, provinces have to show they’ve either exhausted their resources or are without resources before they can get federal help. It also says a state of emergency “has nothing to do” with funding or federal assistance.
In a statement, provincial health minister Bruce Fitch did not say whether the province would consider a state of emergency, but said that dependable public health care is a priority for the department.
He listed a number of measures the department has taken, including recruitment efforts and implementing programs like NB Health Link.
Health care in crisis
Sehgal isn’t the only one speaking out about the challenges being faced within the medical system.
Dr. Paula Keating of the New Brunswick Medical Society also says the province’s health care is in crisis.
“People are feeling desperate at times to seek medical care. Health care providers, front-line workers are feeling over-worked, over-stressed,” she said.
She suggests that with more stabilization and support, it can get better.
“I see hope on the horizon,” she said.
Dr. Sehgal is not so optimistic, and points to recent tragedies as evidence of a broken system.
In 2022, 78-year-old Darrell Mesheau was found dead after staying in the Dr. Everette Chalmers Regional Hospital ER waiting room for nearly seven hours.
Sehgal predicts it will happen again.
“I’m surprised that’s the only one that made the media, because there have been plenty of near-misses or close calls, and not surprisingly. There’s no way we can keep up with absolutely everything,” he said.
As for long-term solutions, he wants more nursing homes, care for seniors and support for people experiencing poverty to reduce the strain on ERs.
“That’s something that needs to change today. That’s not something that can wait five years to change,” Sehgal said.
— With files from Global News’ Jake Webb'Scary' state of health-care system prompts Fredericton ER doc to compile rescue ideas
Dr. Yogi Sehgal says hospital closures possible if dire strain on staffing worsens
Doctors and nurses are having panic attacks on the job, and many who haven't already left because of stress are exploring ways to, according to an emergency room doctor in Fredericton.
New Brunswick's health-care system is in "crisis," and Dr. Yogi Sehgal says political and health-care leaders need to act immediately before the exodus of staff reaches a "critical mass" that leads to widespread hospital closures.
"You could see the system kind of steadily circling the drain over the last few years and in the … last year, a lot of people have been leaving on a daily basis, and they tell me the reasons for it and those reasons haven't changed at all.
"It's scary to go to work and see people having panic attacks at work and actively looking for other jobs on their breaks."
Sehgal said the problems facing the province's health-care system have become so dire that he was inspired to gather his own recommendations and those of his colleagues.
Sehgal says nurses and doctors are having panic attacks at work because of high stress caused by problems in the system. (Joe McDonald/CBC)
On Wednesday, he emailed copies of a 10-page report he wrote to Premier Blaine Higgs, Health Minister Bruce Fitch, Social Development Minister Dorothy Shephard, and leaders within the Horizon and Vitalité health networks.
The laundry list of recommendations covers how emergency departments could be better staffed and operated, better compensation and more protection for nurses, and boosting incentives to recruit physicians, nurse practitioners and physician assistants for improved access to primary care.
Speaking to CBC News on Thursday, Sehgal said the problems facing the province's health-care services are systemic, with problems in one area having knock-on effects in others.
However, he said one of the biggest problems is the lag in having eligible hospital patients transferred to nursing homes.
"If you just remove those patients out of hospital, you now have a whole bunch of space and potential staff that you can use in other ways, so that's a big one for me," he said.
"And of course, the nursing home patients will get better care in a nursing home than in the hospital."
Promised improvements falling flat
Last fall, the Department of Health released its plan for improving health-care, which is referred to as being in crisis.
The plan set timelines for providing primary care access to all New Brunswickers and offering more supports to help seniors remain in their own homes and out of hospital beds.
More recently, Higgs has promised improvements by way of removing the boards of directors for Horizon and Vitalite and replacing them with trustees tasked with making quick, decisive changes in light of the death of a man while waiting in the emergency department waiting of Fredericton's hospital.
Sehgal said he's aware of those commitments, but he hasn't seen any material difference.
"You can see things getting just a little bit worse all the time, and it just takes that critical mass [of staff] to be gone and then we're in real trouble," he said.
"Like you just won't be able to get the system back up, and then you'll be shutting down hospitals and you'll be, you know, you'll be making very difficult decisions of who gets care and who doesn't, which is, you know, that's unfortunately coming. That the outcome I think we're trying to avoid."
Sehgal's recommendations to officials are "bang-on," said Anthony Knight, CEO of the New Brunswick Medical Society.
"He understands from the front lines as an emergency room physician the challenges confronting our health system, the difficulties patients are facing, and the frustrations family physicians and other health care workers are experiencing on a daily basis," Knight said.
New
Brunswick Medical Society CEO Anthony Knight says Sehgal's
recommendations for improving the health-care system are 'bang on.' (Zoom/CBC)
Knight said the medical society have already advocated some of the recommendations, adding that he encourages Fitch and other leaders in his department to review the document and work on implementing them.
"There are health, human resource shortages throughout New Brunswick, and this places additional strain on those who are able to or continue to work in the province, and his recommendations really capture several of the new initiatives that need to be taken action on immediately by government."
Minister 'happy' to hear from doctor
In an email statement to CBC News, Health Minister Fitch said he was pleased to receive Sehgal's recommendations.
"I am happy that we are hearing from him and others who are offering solutions," Fitch said.
"It is important for us to hear about actions and improvements that people working in the system see as crucial to improving our health-care system and to build upon the incredible work and care being provided to New Brunswickers every day."
Health Minister Bruce Fitch says he's happy to have received the report from Sehgal. (Ed Hunter/CBC)
Fitch said he just began reviewing Sehgal's document, which he received late Wednesday night but noted that several items align with priorities in the provincial health plan, including allowing staff to work to their full scope of practice, improving access to primary health care and addiction and mental health services.
"I will be speaking to staff with the Department, the trustees from the regional health authorities (RHAs) and Extra-Mural/Ambulance NB (EMANB) about all the ideas we are receiving to see how we can take action that will lead to improvements in our health system that benefit New Brunswickers."
Health networks review recommendations
In an email statement to CBC News, Dr. France Desrosiers, president and CEO of Vitalité Health Network, thanked Sehgal for his report and said the network plans to follow up with him.
"At Vitalité Health Network, we have been working for several months on improvements in various sectors, including emergency services," she said.
"Our efforts continue and we look forward to share some of our early results in the weeks to come," she said, adding that health-care staffing challenges aren't unique to New Brunswick.
Horizon Health Network is focusing on the patient experience and patient flow within its emergency departments, as well as "creating the best possible work environment" for staff and physicians, and recruiting new team members, said interim president and CEO Margaret Melanson.
Melanson said Horizon recently consulted leaders at the Dr. Everett Chalmers Regional Hospital in Fredericton, and is now working on creating a "patient flow centre" at the hospital.
Also, to improve access to surgery across its hospitals, Horizon recently announced a new medical co-lead and a new administrative co-lead for surgical services.
"These leaders will engage with staff to hear their ideas on how to improve this crucial aspect of the health care system.
Melanson said Horizon leadership values the input of its physicians and staff as they work together to address health-care challenges, which are being seen across the country.
"We believe engagement and consultation with our staff is an essential means of generating important discourse and new ideas, as well as a way to receive feedback from those on the frontline. We have received Dr. Sehgal's correspondence, and it will be reviewed in accordance with our processes."
ABOUT THE AUTHOR
91 Comments
I wonder if the Health Minister, former Medical Society CEO Anthony Knight and all the breaucrats poiticians, cops and lawyers recall the emails a convesations we had at this point in time
David Amos
Reply to David Amos
---------- Original message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Wed, Apr 5, 2023 at 12:28 PM
Subject: Fwd: At least your lawyer Tim Ross can never deny that I am still alive despite the fact I have been denied Heath Care since 2008 when a doctor directed 3 members of the RCMP and two hospital security guards to assault me CORRECT?
To: <chuck@valentlegal.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>
From: David Amos <david.raymond.amos333@gmail.com>
Date: Wed, Apr 5, 2023 at 12:28 PM
Subject: Fwd: At least your lawyer Tim Ross can never deny that I am still alive despite the fact I have been denied Heath Care since 2008 when a doctor directed 3 members of the RCMP and two hospital security guards to assault me CORRECT?
To: <chuck@valentlegal.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.c
Date: Fri, 8 Jul 2022 02:23:46 -0300
Subject: Fwd: At least your lawyer Tim Ross can never deny that I am
still alive despite the fact I have been denied Heath Care since 2008
when a doctor directed 3 members of the RCMP and two hospital security
guards to assault me CORRECT?
To: mike@valentlegal.ca, erika.hachey@mosshacheylaw.com
andrew.moss@mosshacheylaw.com, "blaine.higgs" <blaine.higgs@gnb.ca>,
Dr.France.Desrosiers@vitaliten
Brigitte.Sonier-Ferguson@vital
"thomas.lizotte" <thomas.lizotte@vitalitenb.ca>
Stephanie.Thebeau@vitalitenb.c
info@vitalitenb.ca, benoit.bourque@gnb.ca,
fin.minfinance-financemin.fin@
dave.dell@gnb.ca, Dorothy.Shephard@gnb.ca, "chuck.chiasson"
<chuck.chiasson@gnb.ca>, MichelleAnne.Duguay@gnb.ca,
Jason.Sully@gnb.ca, "kris.austin" <kris.austin@gnb.ca>, "robert.mckee"
<robert.mckee@gnb.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>,
Jennifer.Russell@gnb.ca, Newsroom <Newsroom@globeandmail.com>,
"Ross.Wetmore" <Ross.Wetmore@gnb.ca>, andre <andre@jafaust.com>,
Rhonda.Brown@globalnews.ca, pm <pm@pm.gc.ca>, "geoff.regan"
<geoff.regan@parl.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, "Ian.Shugart"
<Ian.Shugart@pco-bcp.gc.ca>, "ian.fahie" <ian.fahie@rcmp-grc.gc.ca>,
"andrew.scheer" <andrew.scheer@parl.gc.ca>, DND_MND@forces.gc.ca,
"pierre.poilievre" <pierre.poilievre@parl.gc.ca>, "Candice.Bergen"
<Candice.Bergen@parl.gc.ca>, Nick.Brown@gnb.ca,
Bruce.Macfarlane@gnb.ca, Adam.Bowie@gnb.ca, "Alex.Vass"
<Alex.Vass@gnb.ca>, info@easterncms.com, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>, "Marco.Mendicino"
<Marco.Mendicino@parl.gc.ca>, "Bill.Hogan" <Bill.Hogan@gnb.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, DH.MS.Medicare@gnb.ca,
President@nbms.nb.ca, aknight@nbms.nb.ca, tross@nbms.nb.ca,
rcampbell@nbms.nb.ca, llepage@nbms.nb.ca
---------- Forwarded message ----------
From: Ryan Campbell <rcampbell@nbms.nb.ca>
Date: Fri, 8 Jul 2022 02:55:53 +0000
Subject: Automatic reply: CBC makes a splash about Brody McGee's
health care issues and his troubles go away fast So much for ethics EH
Higgy??
To: David Amos <david.raymond.amos333@gmail.c
I am currently away from the office until Tuesday, July 12, 2022. If
this is urgent please contact John Maher at jmaher@nbms.nb.ca.
https://www.cbc.ca/news/canada
14 people come forward in lawsuit against UNB, psychiatrist accused of
sexual assault
One victim wants to be representative for students allegedly sexually
assaulted by psychiatrist
Hadeel Ibrahim · CBC News · Posted: Jul 07, 2022 4:52 PM AT
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.c
Date: Wed, 25 May 2022 12:06:21 -0300
Subject: Fwd: Re The coverup of the the actions of the Fredericton
Police Force, the RCMP and Manoj Bhargava against me
To: mike@valentlegal.ca
Cc: motomaniac333 <motomaniac333@gmail.com>
https://valentlegal.ca/class-a
University New Brunswick Class Action
Overview
Valent Legal has commenced a class action lawsuit against the
University of New Brunswick and Dr. Manoj Bhargava on behalf of a
group of students who accessed mental health services through the UNB
Student Health Centre and allege to have been subjected to sexual
assault perpetrated by Dr. Bhargava.
The Class Action alleges the University of New Brunswick, and its
employees, were negligent by failing to properly protect the students
accessing their health care services. The Class Action further alleges
Dr. Bhargava was medically negligent by subjecting the student class
members to sexual assault.
Valent Legal is working on this Class Action in collaboration with New
Brunswick law firm, Moss Hachey Law. To speak with a representative
from Moss Hachey Law, please contact Erika Baker at 506-449-7544.
Documents
Notice of Action
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.c
Date: Tue, 13 Apr 2021 09:06:58 -0300
Subject: Re The coverup of the the actions of the Fredericton Police
Force, the RCMP and Manoj Bhargava against me
To: erika.hachey@mosshacheylaw.com
Cc: motomaniac333 <motomaniac333@gmail.com>
Erika R. Hachey
Called to the bar: 2013 (NB)
erika.hachey@mosshacheylaw.com
Andrew C.W. Moss
Called to the bar: 2015 (NB)
Email: andrew.moss@mosshacheylaw.com
Moss Hachey Law
90 Woodside Lane, Suite 103
Fredericton, New Brunswick E3C 2R9
Phone: 506-449-7544
Fax: 506-300-2072
https://www.cbc.ca/news/canada
"Referring complaints to police
Schollenberg said the college involved the police recently, after
suspending Bhargava.
"It became apparent that there may be more to this," he said.
He said the college asked some of the 18 complainants if they were
interested in speaking to the police and passed on their information
to the Fredericton Police Force if they said yes.
Fredericton psychiatrist suspended by College of Physicians and Surgeons
Alycia Bartlette, spokesperson for the Fredericton Police Force, would
not confirm whether the police are investigating Bhargava.
"In general, we would not confirm whether a specific individual was
the subject of a police investigation until such time as charges are
laid in court, or there are operational reasons otherwise," she said
in an email."
>>> From: "Ross, Ken (DH/MS)" <ken.ross@gnb.ca>
>>> Date: Wed, 9 Jul 2008 08:43:31 -0300
>>> Subject: Re: Hey Ken Who is Mental Health's and the Hospital in
>>> Fredericton's lawyers?
>>> To: david.raymond.amos@gmail.com
>>>
>>> Got your messages Dave. I am in Toronto for meetings and will be back
>>> in the office Friday. I will ask Barb Whitenect to follow up with you
>>> in the interim. Yes Herby picked up ypur bike a while back.
>>>
>>> Sent from my BlackBerry Wireless Handheld
>>>
>>>
>>> --- On Wed, 7/9/08, David Amos <david.raymond.amos@gmail.com> wrote:
>>>
>>> From: David Amos <david.raymond.amos@gmail.com>
>>> Subject: Hey Ken Who is Mental Health's and the Hospital in
>>> Fredericton's lawyers?
>>> To: ken.ross@gnb.ca, Barbara.Whitenect@gnb.ca, MichaelB.Murphy@gnb.ca
>>> Cc: rosaire.santerre@gnb.ca, Marc.Pitre@gnb.ca, David.Eidt@gnb.ca,
>>> oldmaison@yahoo.com, Judy.Cyr@gnb.ca, t.j.burke@gnb.ca,
>>> police@fredericton.ca, Carrie.Levesque@gnb.ca, anne.elgee@gnb.ca,
>>> danny.copp@fredericton.ca, jacques.boucher@rcmp-grc.gc.ca
>>> Date: Wednesday, July 9, 2008, 3:03 AM
>>>
>>> KENNETH ROSS, Assistant Deputy Minister
>>> Addictions and Mental Health Services / Health
>>> Contact Information
>>> Phone: (506) 457-4800
>>> Fax: (506) 453-5243
>>>
>>> BARBARA WHITENECT, Director
>>> Addictions and Mental Health Services / Health
>>> Contact Information
>>> Phone: (506) 444-4442
>>> Fax: (506) 453-8711
>>> EMail Address: Barbara.Whitenect@gnb.ca
>>>
>>>
>>> Sorry to involve you but lets just say that I am really really pissed
>>> off for very justifiable reasons.
>>>
>>> This should prove to some folks that at least I know how to read.
>>>
>>> http://www.ahsc.health.nb.ca/P
>>>
>>> I have no doubt whatsoever that you would more pissed than I am if
>>> the malicious bullshit that happened to me last weekend had happened
>>> to you.
>>>
>>> I will try to call you in business hours but I suspect in the end I
>>> will wind up arguing this dude in court in short order. (On a lighter
>>> note did Herby pick up my bike?)
>>>
>>> David Eidt
>>> Legal Services
>>> Office of the Attorney General
>>> Tel: (506) 453-3964
>>> Fax: (506) 453-3275
>>> david.eidt@gnb.ca
>>>
>>> Best Regards
>>> Dave
>>>
>>>
>>> These emails and the bullshit from the news last year should to all
>>> that I am as serious as a heart attack and far from mentally unstabe
>>> but the cops have proven themselves to be monumental liars many times
>>>
>>> Subject:
>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>>> To: motomaniac_02186@yahoo.com
>>>
>>>
>>> January 30, 2007
>>>
>>>
>>> WITHOUT PREJUDICE
>>>
>>> Mr. David Amos
>>>
>>>
>>> Dear Mr. Amos:
>>>
>>> This will acknowledge receipt of a copy of your e-mail of December 29,
>>> 2006 to Corporal Warren McBeath of the RCMP.
>>>
>>> Because of the nature of the allegations made in your message, I have
>>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>>> Graham of the RCMP "J" Division in Fredericton.
>>>
>>> Sincerely,
>>>
>>> Honourable Michael B. Murphy
>>> Minister of Health
>>>
>>> CM/cb
>>>
>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>>
>>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>>> motomaniac_02186@yahoo.com
>>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,
>>> John.Foran@gnb.ca, Oda.B@parl.gc.ca,
>>> "Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
>>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>> forgotten me but the crooks within the RCMP have n
>>>
>>> Dear Mr. Amos,
>>>
>>> Thank you for your follow up e-mail to me today. I was on days off over
>>> the holidays and returned to work this evening. Rest assured I was not
>>> ignoring or procrastinating to respond to your concerns.
>>>
>>> As your attachment sent today refers from Premier Graham, our position
>>> is clear on your dead calf issue: Our forensic labs do not process
>>> testing on animals in cases such as yours, they are referred to the
>>> Atlantic Veterinary College in Charlottetown who can provide these
>>> services. If you do not choose to utilize their expertise in this
>>> instance, then that is your decision and nothing more can be done.
>>>
>>> As for your other concerns regarding the US Government, false
>>> imprisonment and Federal Court Dates in the US, etc... it is clear that
>>> Federal authorities are aware of your concerns both in Canada and the
>>> US. These issues do not fall into the purvue of Detachment policing in
>>> Petitcodiac, NB.
>>>
>>> It was indeed an interesting and informative conversation we had on
>>> December 23rd, and I wish you well in all of your future endeavors.
>>>
>>> Sincerely,
>>>
>>> Warren McBeath, Cpl.
>>> GRC Caledonia RCMP
>>> Traffic Services NCO
>>> Ph: (506) 387-2222
>>> Fax: (506) 387-4622
>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>>
>>> charles leblanc oldmaison@yahoo.com wrote:
>>>
>>> Where are ya living now???? Since the media seem to ignore ya? I'll
>>> sit down for a debate with a recorder for the blog...Now? Don't get
>>> all exicted and send this all over the world.....lol
>>>
>>> ----- Original Message ----
>>> From: David Amos motomaniac_02186@yahoo.com
>>> To: brad.woodside@fredericton.ca; whalen@fredericton.ca;
>>> david.kelly@fredericton.ca; cathy.maclaggan@fredericton.ca
>>> stephen.kelly@fredericton.ca; tom.jellinek@fredericton.ca;
>>> scott.mcconaghy@fredericton.ca
>>> walter.brown@fredericton.ca; norah.davidson@fredericton.ca;
>>> mike.obrien@fredericton.ca; bruce.grandy@fredericton.ca;
>>> dan.keenan@fredericton.ca; jeff.mockler@gnb.ca;
>>> mrichard@lawsociety-barreau.nb
>>> jlmockler@mpor.ca; scotta@parl.gc.ca; michael.bray@gnb.ca;
>>> jack.e.mackay@gnb.ca
>>> Cc: news@dailygleaner.com; kcarmichael@bloomberg.net;
>>> oldmaison@yahoo.com; advocacycollective@yahoo.com;
>>> Easter.W@parl.gc.ca; Comartin.J@parl.gc.ca; cityadmin@fredericton.ca;
>>> info@gg.ca; bmosher@mosherchedore.ca; rchedore@mosherchedore.ca;
>>> police@fredericton.ca; chebert@thestar.ca; Stoffer.P@parl.gc.ca;
>>> Stronach.B@parl.gc.ca; Matthews.B@parl.gc.ca; alltrue@nl.rogers.com;
>>> Harper.S@parl.gc.ca; Layton.J@parl.gc.ca; Dryden.K@parl.gc.ca;
>>> Duceppe.G@parl.gc.ca
>>> Sent: Tuesday, May 22, 2007 10:37:04 PM
>>> Subject: I promised one of the Fat Fred City cop Randy Reilly that I
>>> would try to make him famous
>>>
>>> http://www.youtube.com/results
>>>
>>> A man is only as good as his word EH? To bad priests, bankers,
>>> politicians, lawyers and cops can't claim the same N'est Pas
>>>
>>> http://actionlyme.org/FBI_WIRE
>>>
>>> FEDERAL EXPRESS 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
>>>
>>>
>>>
>>> http://davidamos.blogspot.com/
>>>
>>> Paulette Delaney-Smith Paulette.Delaney-Smith@rcmp-gr
>>> David,
>>>
>>> I received your voice mail, I have been transferred to another unit
>>> and I am unaware of who is dealing with your complaints at this time.
>>>
>>> Paulette Delaney-Smith, Cpl.
>>> RCMPolice "J" DIvision HQ
>>>
>>>
>>>
>>> http://gypsy-blog.blogspot.com
>>>
>>> Threat against Burke taken seriously
>>>
>>> By STEPHEN LLEWELLYN
>>> dgleg@nb.aibn.com
>>> Published Thursday May 24th, 2007
>>> Appeared on page A1
>>> An RCMP security detail has been guarding Justice Minister and
>>> Attorney General T.J. Burke because of threats made against him
>>> recently.
>>>
>>> Burke, the Liberal MLA for Fredericton-Fort Nashwaaksis, wouldn't
>>> explain the nature of the threats.
>>>
>>> "I have had a particular individual or individuals who have made
>>> specific overtures about causing harm towards me," he told reporters
>>> Wednesday.
>>>
>>> "The RCMP has provided security to me recently by accompanying me to a
>>> couple of public functions where the individual is known to reside or
>>> have family members in the area," said Burke. "It is nice to have
>>> some
>>> added protection and that added comfort."
>>>
>>> The RCMP provides protection to the premier and MLAs with its VIP
>>> security
>>> unit.
>>>
>>> Burke didn't say when the threat was made but it's believed to have
>>> been in recent weeks.
>>>
>>> "When a threat is posed to you and it is a credible threat, you have
>>> to be cautious about where you go and who you are around," he said.
>>> "But again, I am more concerned about my family as opposed to my own
>>> personal safety."
>>>
>>> Burke said he doesn't feel any differently and he has not changed his
>>> pattern of activity.
>>>
>>> "It doesn't bother me one bit," he said. "It makes my wife
>>> feel awful nervous."
>>>
>>> Burke served in an elite American military unit before becoming a
>>> lawyer and going into politics in New Brunswick.
>>>
>>> "(I) have taken my own precautions and what I have to do to ensure my
>>> family's safety," he said. "I am a very cautious person in
>>> general due
>>> to my background and training.
>>>
>>> "I am comfortable with defending myself or my family if it ever had to
>>> happen."
>>>
>>> Burke said it is not uncommon for politicians to have security concerns.
>>>
>>> "We do live unfortunately in an age and in a society now where threats
>>> have to be taken pretty seriously," he said.
>>>
>>> Since the terrorism attacks in the United States on Sept. 11, 2001,
>>> security in New Brunswick has been
>>> beefed up.
>>>
>>> Metal detectors were recently installed in the legislature and all
>>> visitors are screened.
>>>
>>> The position of attorney general is often referred to as the
>>> province's "top cop."
>>>
>>> Burke said sometimes people do not differentiate between his role as
>>> the manager of the justice system and the individual who actually
>>> prosecutes them.
>>>
>>> "With the job sometimes comes threats," he said. "I have had
>>> numerous
>>> threats since Day 1 in office."
>>>
>>> Burke said he hopes his First Nations heritage has nothing to do with
>>> it.
>>>
>>> "I think it is more of an issue where people get fixated on a matter
>>> and they believe you are personally responsible for assigning them
>>> their punishment or their sanction," he said.
>>>
>>> Is the threat from someone who was recently incarcerated?
>>>
>>> "I probably shouldn't answer that," he replied.
>>>
>>> Reporters asked when the threat would be over.
>>>
>>> "I don't think a threat ever passes once it has been made," said
>>> Burke. "You have to consider the credibility of the source."
>>>
>>> Bruce Fitch, former justice minister in the Conservative government,
>>> said "every now and again there would be e-mails that were not
>>> complimentary."
>>>
>>> "I did have a meeting with the RCMP who are in charge of the security
>>> of the MLAs and ministers," said Fitch.
>>>
>>> "They look at each and every situation."
>>>
>>> Fitch said he never had bodyguards assigned to him although former
>>> premier Bernard Lord and former health minister Elvy Robichaud did
>>> have extra security staff assigned on occasion.
>>>
>>> He said if any MLA felt threatened, he or she would discuss it with the
>>> RCMP.
>>
https://www.facebook.com/perma
CBC New Brunswick
·
Allegations that Bhargava has mistreated patients at the Student
Health Centre were shared on Instagram and Facebook late last week.
Fredericton psychiatrist suspended by College of Physicians and Surgeons
cbc.ca
Fredericton psychiatrist suspended by College of Physicians and Surgeons
Reports that Dr. Manoj Bhargava mistreated patients at the Student
Health Centre came to light on Instagram and Facebook late last week.
23 Comments
Mike Archibald
THis came out of nowhere on media but its not 'new', on 'ratemydoctor'
these criticisms have been there for some time.
Josanne Landry
Mike Archibald - Unfortunately the College can't act on online ratings
until a verified patient contacts them with an official complaint.
Mike Archibald
I suspect it would probably take more than one 'official complaint'.
But I was more referring to CBC and other media that can certainly
look at online sources like that for story ideas.
David Raymond Amos
Mike Archibald Remember me and the Not So Good Doctor in 2008???
David Raymond Amos
Mike Archibald http://davidraymondamos3.blogs
FROM THE TOP OF THE WORLD TO THE SCUM OF THE EARTH
DAVIDRAYMONDAMOS3.BLOGSPOT.COM
CBC New Brunswick
·
Allegations that Bhargava has mistreated patients at the Student
Health Centre were shared on Instagram and Facebook late last week.
Fredericton psychiatrist suspended by College of Physicians and Surgeons
cbc.ca
Fredericton psychiatrist suspended by College of Physicians and Surgeons
Reports that Dr. Manoj Bhargava mistreated patients at the Student
Health Centre came to light on Instagram and Facebook late last week.
23 Comments
Mike Archibald
THis came out of nowhere on media but its not 'new', on 'ratemydoctor'
these criticisms have been there for some time.
Josanne Landry
Mike Archibald - Unfortunately the College can't act on online ratings
until a verified patient contacts them with an official complaint.
Mike Archibald
I suspect it would probably take more than one 'official complaint'.
But I was more referring to CBC and other media that can certainly
look at online sources like that for story ideas.
David Raymond Amos
Mike Archibald Remember me and the Not So Good Doctor in 2008???
David Raymond Amos
Mike Archibald http://davidraymondamos3.blogs
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Thu, 16 Nov 2017 13:32:58 -0400
Subject: At least your lawyer Tim Ross can never deny that I am still
alive despite the fact I have been denied Heath Care since 2008 when a
doctor directed 3 members of the RCMP and two hospital security guards
to assault me CORRECT?
To: jmaher@nbms.nb.ca, tross@nbms.nb.ca, "victor.boudreau"
<victor.boudreau@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>,
"serge.rousselle" <serge.rousselle@gnb.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
<Larry.Tremblay@rcmp-grc.gc.ca
<Liliana.Longo@rcmp-grc.gc.ca>
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "jeremy.keefe"
<jeremy.keefe@globalnews.ca>, nmoore <nmoore@bellmedia.ca>
---------- Forwarded message ----------
From: Tim Ross <tross@nbms.nb.ca>
Date: Thu, 16 Nov 2017 17:21:39 +0000
Subject: Automatic reply: Atttn John Maher and Tim Ross Why didn't
your boss Anthony Knight or several former Ministers of Health answer
me in writing years ago?
To: David Amos <motomaniac333@gmail.com>
Thank you for your email.
I will be out of office November 16 - 17, 2017. I will have
intermittant access to my email, and will try to respond to your email
as soon as possible.
Best Regards,
Tim Ross
______________________________
Merci pour votre e-mail.
Je serai hors du bureau 16 - 17 novembre, 2017. Je vais avoir accès
intermittent à mon email , et je vais essayer de répondre à votre
e-mail dès que possible .
Cordialement,
Tim Ross
Manager, Economics & Negotiations | Gérant, Questions économiques
In-House Counsel | Avocat Général
New Brunswick Medical Society |Société Médicale du Nouveau-Brunswick
21 Alison Boulevard, Fredericton NB E3C 2N5
Tel/tél: (506) 458-8860 ext. 674
1-800-661-2001
Email: tross@nbms.nb.ca<mailto:tross@
www.nbms.nb.ca<http://www.nbms
CONFIDENTIALITY NOTICE
This email message and any attachments are confidential and are
intended only for the person(s) or organization(s) named above. The
information contained in this email message and any attachments is
private and confidential. If you are not the intended recipient of
this message, you are prohibited from disseminating, distributing,
disclosing, reading, reproducing or otherwise using this
communication. If you have received this communication in error,
please return it to the sender and delete all records of this email
message and any attachments from your computer. Thank you.
On 11/16/17, David Amos <motomaniac333@gmail.com> wrote:
> John Maher
> Director, Economics & Negotiations
> (506) 462-4622
> jmaher@nbms.nb.ca
>
> http://www.cbc.ca/news/canada/
>
> Province doesn't let nurse practitioners fill health-care gaps, group says
> At least 20,000 residents of New Brunswick are without a health-care
> provider
> By Elizabeth Fraser, CBC News Posted: Nov 16, 2017 11:14 AM AT
>
> ----- Original Message -----
> From: "David Amos" <motomaniac333@gmail.com>
> To: <jimparrottmla@bellaliant.com>
> "jeff.mockler" <jeff.mockler@gnb.ca>; <pascal.hache@gnb.ca>;
> <victor.boudreau@gnb.ca>; <janet.mcneil@gnb.ca>;
> <Rick.Howe@rci.rogers.com>; <brian.t.macdonald@gnb.ca>;
> "Jacques.Poitras" <Jacques.Poitras@cbc.ca>; <mmallory@nbms.nb.ca>;
> <aknight@nbms.nb.ca>; "execdirgen" <execdirgen@nbliberal.ca>;
> "Davidc.Coon" <Davidc.Coon@gmail.com>; "Wayne.Lang"
> <Wayne.Lang@rcmp-grc.gc.ca>; "brent.blackmore"
> <brent.blackmore@fredericton.c
> Cc: "oldmaison" <oldmaison@yahoo.com>; "Margot" <Margot@nbu.ca>;
> "kennedyc" <kennedyc@nbnet.nb.ca>; <news919@rogers.com>;
> "briangallant10" <briangallant10@gmail.com>; <sandenn87@me.com>;
> <dale.graham@gnb.ca>; <denis.caissie@gnb.ca>; <shawn.graham2@gnb.ca>;
> <pcmemb@gnb.ca>; "David Amos" <david.raymond.amos@gmail.com>
> <claude.landry@gnb.ca>
> Sent: Thursday, April 25, 2013 2:28 AM
> Subject: Who should I sue the "Independent" Dr Jim Parrot and his
> greedy doctor pals or the evil lawyers Anytime Flemming, Mr
> "Unethical" EX Minister of Health Mikey Murphy???
>
>
> http://www.cbc.ca/news/canada/
>
> Anthony Knight
> Chief Executive Officer
> (506) 458-8860 ext. 670
> aknight@nbms.nb.ca
>
> http://www.youtube.com/watch?v
>
> http://qslspolitics.blogspot.c
>
> When I look on the web and see that Chucky Baby and the new MLA the ex
> cop from Fat Fred City Carl Urquart crossed paths in Harvey and are
> now great pals, I see Red and wanna call Wally Stiles again.
>
> For the record it was Carl Urquart and his buddy Greggy Baby Thompson
> the MP and Minister (they share and office a couple hundred yards from
> where I was staying for the past year just outside of Fat fred City)
> that made the false allegatiions that allowed the RCMP to get me
> locked up in the looney bin for a bit. The doctors who got sucked in
> by the RCMP bullshit about me were.
>
> Manoj Bhargava
> Community Mental Health
> 65 Brunswick Street
> Fredericton NB E3B 5G6
> Psy 04-02883
> Guadalajara 1987
> (506)-453-2132
>
> Zlatko Banic
> 69 Bliss Carman Drive Fredericton NB E3B 9P2
> Psy 03-02785
> Novi Sad 1981
> (506)-460-1905
>
> Dr.Jane V. Findlater
> Everett Chalmers Hospital
> PO Box 9000 Fredericton
> NB E3B 5N5 EmM 75-01333
> Dal 1974 (
> 506)-452-5058
> (506)-452-5645
>
>
>
> The New Brunswick Medical Society will launch a legal challenge
> against the Alward government’s decision to cut the amount doctors can
> bill medicare for services.
>
> The medical society announced its decision to fight the budgetary
> decision in court during a news conference in Fredericton on
> Wednesday.
>
> The organization, which represents the province’s doctors, said it
> believes the provincial government’s decision to cut medicare billing
> funds goes against a signed agreement it has with the government.
>
> Officials say they will file their challenge "imminently.”
>
> Dr. Robert Desjardins, the president of the New Brunswick Medical
> Society, said the board’s decision was unanimous.
>
> “The decision that we have unfortunately taken to go to court to have
> our agreement respected is unanimous among the representatives on our
> board, which again represents everyone in the province, and without
> any dissension,” he said.
>
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP. Because of the nature of
> the allegations made in your message, I have taken the measure of
> forwarding a copy to Assistant Commissioner Steve Graham of the RCMP
> "J" Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,
> John.Foran@gnb.ca, Oda.B@parl.gc.ca,
> "Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have n
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off over
> the holidays and returned to work this evening. Rest assured I was not
> ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear that
> Federal authorities are aware of your concerns both in Canada and the
> US. These issues do not fall into the purvue of Detachment policing in
> Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> ---------- Forwarded message ----------
> From: "Cleary, Dr. Eilish (DH/MS)" <Dr.Eilish.Cleary@gnb.ca>
> Date: Sat, 11 May 2013 12:31:56 -0300
> Subject: Re: Attn Dr Eilesh Cleary I called you weeks ago and you have
> not responded yet. Howcome?
> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>
> Apologies for not responding to your earlier email. I did receive it
> thank you. I struggle sometimes to keep up with the volume of emails I
> get so I don't get to respond to each and every one, although I
> certainly appreciate when people take the time to write
> Eilish Cleary
>
> ----- Original Message -----
> From: David Amos [mailto:motomaniac333@gmail.co
> Sent: Friday, May 10, 2013 09:57 PM Atlantic Standard Time
> To: Cleary, Dr. Eilish (DH/MS)
> Cc: David Amos <david.raymond.amos@gmail.com>
> Subject: Attn Dr Eilesh Cleary I called you weeks ago and you have not
> responded yet. Howcome?
>
> I am not surprised but rather disappointed anyway. I thought that
> maybe just maybe you were ethical and gave you the benefit of my
> doubts
>
> However when I read the news today I just shook my head and was mad at
> myself because I know better than to trust a a high paid bureaucrat
> such as your evil former underling Van Buynder or even my friend Ken
> Ross.
>
> Its kinda obvious that you governement are just playing words games
> and that the greasy gasy oily guys will get what they want for nothing
> just like they always do.
>
> http://www.cbc.ca/news/canada/
>
> Be they Doctoer or lawyer or Indian Chief the personal wealth of a
> bureaucrat is far more important to them than the health or wealth of
> the people they purportedly serve.
>
> If you wish to dispute me have the sand to call me back or respond to
> a simple email
>
> Forget trying to lock me up in your looney bin aggain. That nonsens
> did not work out to well for ya the last time Van Buynder and the
> corrupt RCMP tried that trick on me in 2010 and it appears that you
> were his boss the whole time Correct?
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
>
> ---------- Forwarded message ----------
> From: David Amos <myson333@yahoo.com>
> Date: Mon, 15 Oct 2012 18:51:21 -0700 (PDT)
> Subject: Dr Eilesh Cleary I am very impressed with your Integrity and
> gumption
> To: Eilish.Cleary@gnb.ca
> Cc: david.raymond.amos@gmail.com, motomaniac333@gmail.com
>
> Dr Elish Cleary
> Chief Medical Officer
> HSBC Place
> Floor: 5
> P. O. Box 5100
> Fredericton, NB E3B 5G8
> Phone : (506) 444-2112
> Eilish.Cleary@gnb.ca
>
> If you ever need help dealing with the :Powers that Be in this Place
> trust that is lots I can do but for now less is more Please use our
> resources to print this pdf file an stow it away for a rainy day.
>
> http://www.checktheevidence.co
>
>
> Then if push comes to shove someday merely mention my name and watch
> their eyes. The email below and the link to a Youtube should prove you
> I can put the Heath Minister over a barrel in a New York minute (Its
> always about the money) .
>
> If the smiling bastards still won't change their tune with you even
> after you show them the letters within the pdf file above, email me or
> give me a call and leave a message if I don't pick up. I will do my
> best to assist you ASAP.
>
> Best Regards and Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
---------- 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
support, please contact our Customer Service department at
1-800-387-5400 or send an email to customerservice@globeandmail.
If you are reporting a factual error please forward your email to
publiceditor@globeandmail.com<
Letters to the Editor can be sent to letters@globeandmail.com
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
https://www.cbc.ca/news/
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
Rachel Cave · CBC News · Posted: Aug 10, 2022 6:00 AM AT
Aimee Dunn says she stands no chance of taking on the hospital and
doctors after losing her infant overnight while in the care of the
Fredericton emergeny room. (Submitted by Aimee Dunn)
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
Rachel Cave
Rachel Cave is a CBC reporter based in Saint John, New Brunswick.
CBC's Journalistic Standards and Practices
https://wagners.co/lawyers/
Nick Hooper
Lawyer
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.
Email: nhooper@wagners.co
Phone: 902-425-7330
So Stephen McGrath if not you then just exactly who sent me this
latest email from your office?
Add star
David Amos
<motomaniac333@gmail.com> Mon, Sep 18, 2017 at 12:57 PM
To: PREMIER <PREMIER@gov.ns.ca>, jamiebaillie
<jamiebaillie@gov.ns.ca>, mcgratst@gov.ns.ca, justmin
<justmin@gov.ns.ca>, StephenMcNeil@ns.aliantzinc.ca
<terry.seguin@cbc.ca>, "Jacques.Poitras" <Jacques.Poitras@cbc.ca>,
"steve.murphy" <steve.murphy@ctv.ca>, nmoore <nmoore@bellmedia.ca>,
"David.Akin" <David.Akin@globalnews.ca>, "Davidc.Coon"
<Davidc.Coon@gmail.com>, "Bill.Morneau" <Bill.Morneau@canada.ca>,
"Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "atlantic.director"
<atlantic.director@taxpayer.
<blaine.higgs@gnb.ca>, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.
<mike.obrienfred@gmail.com>, premier <premier@gnb.ca>, briangallant10
<briangallant10@gmail.com>, classaction@wagners.co, oldmaison
<oldmaison@yahoo.com>, "leanne.murray"
<leanne.murray@mcinnescooper.
Cc: David Amos <david.raymond.amos@gmail.com>
ronald.j.macdonald@novascotia.
michael.comeau@gnb.ca, JUSTWEB@novascotia.ca
---------- Forwarded message ----------
From: Justice Website <JUSTWEB@novascotia.ca>
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 9 Aug 2017 17:22:16 -0400
Subject: Attn Stephen McGrath Heres a little Deja Vu about Emera
To: mcgratst@gov.ns.ca, justmin <justmin@gov.ns.ca>,
StephenMcNeil@ns.aliantzinc.ca
Cc: David Amos <david.raymond.amos@gmail.com>
Message blocked
Your message to classaction@wagners.co has been blocked. See technical
details below for more information.
LEARN MORE
---------- Forwarded message ----------
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>
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
asst Cathy Ohlhausen | +1 (902) 455 8215
Notice This communication, including any attachments, is confidential
and may be protected by solicitor/client privilege. It is intended
only for the person or persons to whom it is addressed. If you have
received this e-mail in error, please notify the sender by e-mail or
telephone at McInnes Cooper's expense. Avis Les informations contenues
dans ce courriel, y compris toute(s) pièce(s) jointe(s), sont
confidentielles et peuvent faire l'objet d'un privilège avocat-client.
Les informations sont dirigées au(x) destinataire(s) seulement. Si
vous avez reçu ce courriel par erreur, veuillez en aviser l'expéditeur
par courriel ou par téléphone, aux frais de McInnes Cooper.
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
>>
>
https://www.cmpa-acpm.ca/en/
"An essential component of the Canadian healthcare system, the CMPA
protects the professional integrity of physicians, promotes safe
medical care, and appropriately compensates patients."
Canadian Medical Protective Association
PO Box 8225 Station T
Ottawa, Ontario
K1G 3H7
1-800-267-6522
The CMPA's executive leadership team (ELT) includes the Chief
Executive Officer, the Associate Chief Executive Officer and six
Executive Directors, who each bring a unique and diverse set of skills
to advance our assistance to and support of members and our
contributions to safe medical care across the healthcare system.
ELT is supported by departmental directors and managers with expertise
in specialized areas of administration.
Photo of Lisa A. Calder
Chief Executive Officer
Lisa Calder, MD, MSc, FRCPC
“We are here for you. We will modernize the CMPA. We will do so
collaboratively.”
Photo of W. Todd Watkins
Associate Chief Executive Officer
W. Todd Watkins, BSc(Hon), MD, CCFP, CCPE
The Associate Chief Executive Officer team:
Supports the CEO and provides strategic communication advice and
assistance across all internal and external channels
Advances strategic advocacy efforts and engages and collaborates
with stakeholders to build strong external relationships
Oversees the governance functions of the Association including
Council, Executive and Council Committees
President
Newfoundland and Labrador
Division: A
*Michael T. Cohen, MD
*Michael T. Cohen, MD
mcohen@cmpa.org
Dr. Cohen is a strong advocate for protecting physician integrity and
safe medical care.
Family medicine
Term ending: 2022
New Brunswick
Division: B
Jennifer Gillis-Doyle
Jennifer Gillis-Doyle
MD, CCFP(PC), FRCPC
jgillis-doyle@cmpa.org
Palliative medicine
Term ending: 2022
Nova Scotia
Division: B
Alfred Bent
Alfred Bent
MD, FRCSC
abent@cmpa.org
Obstetrics and gynecology
Term ending: 2023
Prince Edward Island
Division: B
*Patrick C. Bergin
*Patrick C. Bergin
MD, FRCPC, FACP
pbergin@cmpa.org
General internal medicine
Term ending: 2023
https://www.cmpa-acpm.ca/en/
Media contact
Noëlla LeBlanc
Manager, Communication Services
Email: media@cmpa.org
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.
https://www.canadianlawyermag.
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
By Zena Olijnyk
14 Oct 2021
Protecting doctors' reputation at what price? The Canadian Medical
Protective Association's role
Malpractice lawyer Paul Harte says in a typical year, he gets about
1,000 calls from potential clients who want his firm to take on their
case after they feel their physician treated them negligently. Harte
might take on only about 25 of those cases, based on his assessment of
how much it would take to litigate the case, whether it is winnable
and what the award could be.
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.
Phone 289-695-2450
Email pharte@hartelaw.com
Richard Halpern
Senior Counsel
Email halpern@gluckstein.com
Phone (416) 408-4252 ext. 263
Ryan Breedon
Called to the bar: 2004 (ON)
Breedon Litigation
86 Worsley St.
Barrie, Ontario L4M 1L8
Phone: 705-252-6834
Fax: 705-252-6838
Email: ryan@breedon.ca
https://www.canadianlawyermag.
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
By Bernise Carolino
30 Jun 2021
Medical bias may shed light on malpractice cases where many doctors
made same mistake: lawyerAlex Sayn-Wittgenstein, Sayn-Witt Law
Corporation and Murphy Battista LLP |Credit: Murphy Battista website
When medical professionals harbour biases regarding their patients,
this may result in steps being skipped, patients’ concerns being
dismissed and appropriate treatment being denied, leading to outcomes
such as serious harm and even death, a personal injury lawyer has
said.
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
asw@murphybattista.com
Tel: 604-683-9621
https://www.canadianlawyermag.
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
To view full transcript, please click here
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
https://www.canadianlawyermag.
Fighting the good fight in ‘David & Goliath’ litigation
Bogoroch & Associates’ Heidi Brown on firm values, access to justice
and challenging med mal cases
By Mallory Hendry
01 Apr 2021
Fighting the good fight in ‘David & Goliath’ litigationHeidi 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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---------- Original message ----------
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.
---------- Original message ----------
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>
"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
https://www.cbc.ca/news/
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
Aidan Cox · CBC News · Posted: Aug 05, 2022 3:43 PM AT
The Dr. Everett Chalmers Regional Hospital in Fredericton is one of
five hospitals across Horizon Health Network with staff specially
assigned to monitor the condition of patients waiting in emergency
departments. (Joe McDonald/CBC)
The death of a man while waiting for care in a Fredericton emergency
room has prompted Horizon Health to make changes to staffing at some
hospitals in the province.
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.
Horizon review underway after patient dies in Fredericton ER waiting room
132 ER doctors warned officials last year of 'major risk to patient safety'
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.
ABOUT THE AUTHOR
Aidan Cox
Journalist
Aidan Cox is a journalist for the CBC based in Fredericton. He can be
reached at aidan.cox@cbc.ca and followed on Twitter @Aidan4jrn.
Twitter
CBC's Journalistic Standards and Practices
98 Comments
Commenting is now closed for this story.
Anna Barnes
Holt has won. Wishing her every success as opposition leader, and, I
sincerely hope, next premier.
JOHN NOWLAN
That is the basic function of emergency room staff, right, to assess
patients to determine who needs to be seen when. It is called triage.
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.
Anna Barnes
Reply to @JOHN NOWLAN: Possibly just not overall the kind of "yes-man"
that Higgs seems to prefer.
louis LaPierre
It doesn't take much imagination to have individuals in charge of
triage within the ER. It should have been a standard practice long
ago.
Anna Barnes
Reply to @louis LaPierre: These Patient Service Workers are not going
to be in charge of triage!! Read the article.
Anna Barnes
Unless I'm missing something, there is no suggestion that these folks
will have any special health care training. Of course, even an
untrained person could zero in on extreme cases, such as if someone
lost consciousness or fell to the floor, and alert the triage nurse.
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.
Anna Barnes
Reply to @Anna Barnes: I reread the article and it sounds as if the
"Patient Service Workers" could be nursing students. All well and
good. But this is 100% about optics - throwing the fed up public "a
bone".
https://www.cbc.ca/news/
Fredericton ER death compounds grief for mother who lost baby
Aimee Dunn says Chalmers Hospital promised more compassionate care
Rachel Cave · CBC News · Posted: Aug 05, 2022 6:00 AM AT
Aimee Dunn and her partner, Mitchell Waite, four days before Dunn was
admitted to the emergency department of a Fredericton hospital, where
she lost her baby. (Submitted by Aimee Dunn)
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
Woman who lost baby in Fredericton ER says hospital promised to do better
4 hours ago
Duration 4:54
Aimee Dunn says hospital vowed to make changes, but then she heard a
man died in the ER waiting room
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.
ABOUT THE AUTHOR
Rachel Cave
Rachel Cave is a CBC reporter based in Saint John, New Brunswick.
CBC's Journalistic Standards and Practices
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.
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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.
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---------- 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
https://www.cbc.ca/news/
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
Rachel Cave · CBC News · Posted: Aug 10, 2022 6:00 AM AT
Aimee Dunn says she stands no chance of taking on the hospital and
doctors after losing her infant overnight while in the care of the
Fredericton emergeny room. (Submitted by Aimee Dunn)
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
Rachel Cave
Rachel Cave is a CBC reporter based in Saint John, New Brunswick.
CBC's Journalistic Standards and Practices
https://wagners.co/lawyers/
Nick Hooper
Lawyer
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.
Email: nhooper@wagners.co
Phone: 902-425-7330
So Stephen McGrath if not you then just exactly who sent me this
latest email from your office?
Add star
David Amos
<motomaniac333@gmail.com> Mon, Sep 18, 2017 at 12:57 PM
To: PREMIER <PREMIER@gov.ns.ca>, jamiebaillie
<jamiebaillie@gov.ns.ca>, mcgratst@gov.ns.ca, justmin
<justmin@gov.ns.ca>, StephenMcNeil@ns.aliantzinc.ca
<terry.seguin@cbc.ca>, "Jacques.Poitras" <Jacques.Poitras@cbc.ca>,
"steve.murphy" <steve.murphy@ctv.ca>, nmoore <nmoore@bellmedia.ca>,
"David.Akin" <David.Akin@globalnews.ca>, "Davidc.Coon"
<Davidc.Coon@gmail.com>, "Bill.Morneau" <Bill.Morneau@canada.ca>,
"Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "atlantic.director"
<atlantic.director@taxpayer.
<blaine.higgs@gnb.ca>, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.
<mike.obrienfred@gmail.com>, premier <premier@gnb.ca>, briangallant10
<briangallant10@gmail.com>, classaction@wagners.co, oldmaison
<oldmaison@yahoo.com>, "leanne.murray"
<leanne.murray@mcinnescooper.
Cc: David Amos <david.raymond.amos@gmail.com>
ronald.j.macdonald@novascotia.
michael.comeau@gnb.ca, JUSTWEB@novascotia.ca
---------- Forwarded message ----------
From: Justice Website <JUSTWEB@novascotia.ca>
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 9 Aug 2017 17:22:16 -0400
Subject: Attn Stephen McGrath Heres a little Deja Vu about Emera
To: mcgratst@gov.ns.ca, justmin <justmin@gov.ns.ca>,
StephenMcNeil@ns.aliantzinc.ca
Cc: David Amos <david.raymond.amos@gmail.com>
Message blocked
Your message to classaction@wagners.co has been blocked. See technical
details below for more information.
LEARN MORE
---------- Forwarded message ----------
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>
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
asst Cathy Ohlhausen | +1 (902) 455 8215
Notice This communication, including any attachments, is confidential
and may be protected by solicitor/client privilege. It is intended
only for the person or persons to whom it is addressed. If you have
received this e-mail in error, please notify the sender by e-mail or
telephone at McInnes Cooper's expense. Avis Les informations contenues
dans ce courriel, y compris toute(s) pièce(s) jointe(s), sont
confidentielles et peuvent faire l'objet d'un privilège avocat-client.
Les informations sont dirigées au(x) destinataire(s) seulement. Si
vous avez reçu ce courriel par erreur, veuillez en aviser l'expéditeur
par courriel ou par téléphone, aux frais de McInnes Cooper.
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
>>
>
https://www.cmpa-acpm.ca/en/
"An essential component of the Canadian healthcare system, the CMPA
protects the professional integrity of physicians, promotes safe
medical care, and appropriately compensates patients."
Canadian Medical Protective Association
PO Box 8225 Station T
Ottawa, Ontario
K1G 3H7
1-800-267-6522
The CMPA's executive leadership team (ELT) includes the Chief
Executive Officer, the Associate Chief Executive Officer and six
Executive Directors, who each bring a unique and diverse set of skills
to advance our assistance to and support of members and our
contributions to safe medical care across the healthcare system.
ELT is supported by departmental directors and managers with expertise
in specialized areas of administration.
Photo of Lisa A. Calder
Chief Executive Officer
Lisa Calder, MD, MSc, FRCPC
“We are here for you. We will modernize the CMPA. We will do so
collaboratively.”
Photo of W. Todd Watkins
Associate Chief Executive Officer
W. Todd Watkins, BSc(Hon), MD, CCFP, CCPE
The Associate Chief Executive Officer team:
Supports the CEO and provides strategic communication advice and
assistance across all internal and external channels
Advances strategic advocacy efforts and engages and collaborates
with stakeholders to build strong external relationships
Oversees the governance functions of the Association including
Council, Executive and Council Committees
President
Newfoundland and Labrador
Division: A
*Michael T. Cohen, MD
*Michael T. Cohen, MD
mcohen@cmpa.org
Dr. Cohen is a strong advocate for protecting physician integrity and
safe medical care.
Family medicine
Term ending: 2022
New Brunswick
Division: B
Jennifer Gillis-Doyle
Jennifer Gillis-Doyle
MD, CCFP(PC), FRCPC
jgillis-doyle@cmpa.org
Palliative medicine
Term ending: 2022
Nova Scotia
Division: B
Alfred Bent
Alfred Bent
MD, FRCSC
abent@cmpa.org
Obstetrics and gynecology
Term ending: 2023
Prince Edward Island
Division: B
*Patrick C. Bergin
*Patrick C. Bergin
MD, FRCPC, FACP
pbergin@cmpa.org
General internal medicine
Term ending: 2023
https://www.cmpa-acpm.ca/en/
Media contact
Noëlla LeBlanc
Manager, Communication Services
Email: media@cmpa.org
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.
https://www.canadianlawyermag.
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
By Zena Olijnyk
14 Oct 2021
Protecting doctors' reputation at what price? The Canadian Medical
Protective Association's role
Malpractice lawyer Paul Harte says in a typical year, he gets about
1,000 calls from potential clients who want his firm to take on their
case after they feel their physician treated them negligently. Harte
might take on only about 25 of those cases, based on his assessment of
how much it would take to litigate the case, whether it is winnable
and what the award could be.
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.
Phone 289-695-2450
Email pharte@hartelaw.com
Richard Halpern
Senior Counsel
Email halpern@gluckstein.com
Phone (416) 408-4252 ext. 263
Ryan Breedon
Called to the bar: 2004 (ON)
Breedon Litigation
86 Worsley St.
Barrie, Ontario L4M 1L8
Phone: 705-252-6834
Fax: 705-252-6838
Email: ryan@breedon.ca
https://www.canadianlawyermag.
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
By Bernise Carolino
30 Jun 2021
Medical bias may shed light on malpractice cases where many doctors
made same mistake: lawyerAlex Sayn-Wittgenstein, Sayn-Witt Law
Corporation and Murphy Battista LLP |Credit: Murphy Battista website
When medical professionals harbour biases regarding their patients,
this may result in steps being skipped, patients’ concerns being
dismissed and appropriate treatment being denied, leading to outcomes
such as serious harm and even death, a personal injury lawyer has
said.
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
asw@murphybattista.com
Tel: 604-683-9621
https://www.canadianlawyermag.
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
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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
https://www.canadianlawyermag.
Fighting the good fight in ‘David & Goliath’ litigation
Bogoroch & Associates’ Heidi Brown on firm values, access to justice
and challenging med mal cases
By Mallory Hendry
01 Apr 2021
Fighting the good fight in ‘David & Goliath’ litigationHeidi 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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---------- Original message ----------
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
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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.
---------- Original message ----------
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>
"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
https://www.cbc.ca/news/
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
Aidan Cox · CBC News · Posted: Aug 05, 2022 3:43 PM AT
The Dr. Everett Chalmers Regional Hospital in Fredericton is one of
five hospitals across Horizon Health Network with staff specially
assigned to monitor the condition of patients waiting in emergency
departments. (Joe McDonald/CBC)
The death of a man while waiting for care in a Fredericton emergency
room has prompted Horizon Health to make changes to staffing at some
hospitals in the province.
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.
Horizon review underway after patient dies in Fredericton ER waiting room
132 ER doctors warned officials last year of 'major risk to patient safety'
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.
ABOUT THE AUTHOR
Aidan Cox
Journalist
Aidan Cox is a journalist for the CBC based in Fredericton. He can be
reached at aidan.cox@cbc.ca and followed on Twitter @Aidan4jrn.
CBC's Journalistic Standards and Practices
98 Comments
Commenting is now closed for this story.
Anna Barnes
Holt has won. Wishing her every success as opposition leader, and, I
sincerely hope, next premier.
JOHN NOWLAN
That is the basic function of emergency room staff, right, to assess
patients to determine who needs to be seen when. It is called triage.
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.
Anna Barnes
Reply to @JOHN NOWLAN: Possibly just not overall the kind of "yes-man"
that Higgs seems to prefer.
louis LaPierre
It doesn't take much imagination to have individuals in charge of
triage within the ER. It should have been a standard practice long
ago.
Anna Barnes
Reply to @louis LaPierre: These Patient Service Workers are not going
to be in charge of triage!! Read the article.
Anna Barnes
Unless I'm missing something, there is no suggestion that these folks
will have any special health care training. Of course, even an
untrained person could zero in on extreme cases, such as if someone
lost consciousness or fell to the floor, and alert the triage nurse.
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.
Anna Barnes
Reply to @Anna Barnes: I reread the article and it sounds as if the
"Patient Service Workers" could be nursing students. All well and
good. But this is 100% about optics - throwing the fed up public "a
bone".
https://www.cbc.ca/news/
Fredericton ER death compounds grief for mother who lost baby
Aimee Dunn says Chalmers Hospital promised more compassionate care
Rachel Cave · CBC News · Posted: Aug 05, 2022 6:00 AM AT
Aimee Dunn and her partner, Mitchell Waite, four days before Dunn was
admitted to the emergency department of a Fredericton hospital, where
she lost her baby. (Submitted by Aimee Dunn)
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
Woman who lost baby in Fredericton ER says hospital promised to do better
4 hours ago
Duration 4:54
Aimee Dunn says hospital vowed to make changes, but then she heard a
man died in the ER waiting room
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.
ABOUT THE AUTHOR
Rachel Cave
Rachel Cave is a CBC reporter based in Saint John, New Brunswick.
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