February 13, 2025 from Canadian Lawyer Magazine
A Métis woman from Vanderhoof, BC, filed a civil claim against the Northern Health Authority (NHA) and First Nations Health Authority (FNHA), detailing events over a year that included alleged failures in care, improper intervention by virtual care staff, and harm resulting from a police wellness check. She claimed the intervention and medical treatment led to trauma and privacy breaches.
Wellness Check and Medical Treatment at Issue
In July 2023, FNHA staff requested a wellness check after the woman appeared distressed during a virtual appointment. She was taken by RCMP to a local hospital operated by NHA. The lawsuit claimed this decision was negligent. Additional allegations centered on a hospital visit in December 2022, where she accused staff of failing to address medical symptoms appropriately and acting without consent.
Court Cites Lack of Legal Grounds
The Supreme Court reviewed the claim under Rule 9-5(1) of the Supreme Court Civil Rules, which allows a case to be struck if it fails to disclose a reasonable cause of action. The judge found that the plaintiff’s narrative lacked the legal foundation required for negligence, including specifics around standard of care, breach, and harm.
No Basis for Liability or Charter Breach
The court held that NHA was not liable for independently practicing physicians named in the suit. It also ruled that the FNHA’s actions were appropriate under the circumstances. Allegations of privacy violations and intentional infliction of distress were found to lack legal merit. While the plaintiff mentioned Charter rights, the court found no supporting facts to justify a constitutional claim.
In dismissing the claim, the court called it “long, prolix, and unclear,” and said it was “plain and obvious” that it could not succeed. The lawsuit was struck in its entirety against both health authorities.
At Malpractice Check, we are dedicated to providing honest, unbiased opinions on medical malpractice concerns. Whether you’re seeking peace of mind or preparing to present your case to a lawyer, our trusted experts are here to help you navigate the complexities of healthcare errors with professionalism, compassion, and integrity. Contact us today to learn more.