Widow files suit against three hospitals, WRHA, Shared Health

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This article was published 17/04/2023 (909 days ago), so information in it may no longer be current.

The widow of a man suffering from lung cancer who died of sepsis and cardiogenic shock last year is suing three city hospitals and two health agencies, alleging he wasn’t given proper treatment, ultimately leading to his death.

Darlene Demski filed the lawsuit in the Manitoba Court of King’s Bench on April 3, as executor of the estate of her husband, Darrell Demski, who died in mid-August last year at age 69.

The suit names the Health Sciences Centre, Concordia Hospital, St. Boniface Hospital, the Winnipeg Regional Health Authority and provincial agency Shared Health as defendants.

None have filed statements of defence and the allegations haven’t been proven in court.

Darlene Demski’s statement of claim alleges Darrell was admitted to St. Boniface Hospital on May 8 last year because of pain in his left collarbone, after he struck his bedroom door frame with his shoulder.

Medical imaging showed lesions on his lung and left clavicle and doctors gave him a presumptive lung cancer diagnosis, which was to be confirmed with further imaging tests at HSC on June 6.

Darrell remained hospitalized at St. Boniface until he was told he would be discharged on May 19.

The lawsuit alleges the hospital physician caring for Darrell told Darlene he didn’t agree medically with a discharge — but had been advised by administrators the unit needed to empty eight beds prior to the Victoria Day long weekend.

On May 31, paramedics rushed Darrell to HSC’s emergency department after he experienced “significant” shortness of breath in addition to the pain to his left clavicle, the suit said.

He remained in the ER.

HSC representatives told Darlene the hospital did not have an available bed, but it was believed his symptoms could be managed in a low-acuity unit at Concordia, the suit said, despite needing to return to HSC for imaging tests a few days later.

Results of blood testing at HSC showed that Darrell had elevated white blood cell counts, among other indications that he was suffering from some form of infection, according to the suit.

On June 1, he advised HSC medical workers his urine had indications of a urinary tract infection, but no analysis of his urine was performed, the suit said.

He was then transferred to Concordia on June 2, where his condition “worsened drastically,” the suit said, with a significant drop in blood pressure, along with further lab results showing signs of infection, as well as indications his kidneys were shutting down.

“Despite the deterioration in Darrell’s condition, no further medical interventions were taken until later in the afternoon of June 3,” the suit reads.

He was taken to urgent care in the hospital, where doctors stabilized him, before he was transferred to the intensive care unit at St. Boniface Hospital that day.

St. Boniface medical professionals determined Darrell was suffering from cardiogenic shock and sepsis due to an infection in his urinary tract. His further cancer tests and treatments were rescheduled as health workers determined he needed to recover from the infection and resulting illnesses first.

He remained in St. Boniface hospital, where he was treated for shock and sepsis, but he wasn’t able to recover his strength to do the cancer treatments, the suit alleges.

He was discharged on Aug. 9 and died at home four days later.

The lawsuit alleges the defendants breached their duty of medical care, including by not following up on his complaints and indications of his illness before it got worse. It claims the defendants were negligent in doing so.

“Darrell never fully recovered from the infections and the resulting shock and sepsis that he contracted and that were initially under diagnosed and untreated while in hospital, ultimately resulting in his death,” the suit reads.

Darlene Demski is seeking unspecified damages.

The WRHA, which administers HSC and Concordia, declined to comment.

A Shared Health spokesperson also declined comment, citing the court process, but said the provincial agency would like to extend its sympathies to the family on the loss of their loved one.

erik.pindera@freepress.mb.ca