March 20, 2025 from Edzi’u Loverin via CBC News
In December 2024, Justin Flett, a 46-year-old Tataskweyak Cree Nation member, filed a lawsuit against an ER doctor in The Pas, Manitoba, along with the Northern and Winnipeg Regional Health Authorities. Flett alleges that the doctor misdiagnosed his acute appendicitis as a hangover and made racially charged comments during a January 2023 ER visit.
Flett claimed the doctor told him, “I don’t treat hangovers,” while assessing him for nausea and abdominal pain. Flett later required emergency surgery in Winnipeg after his appendix burst.
Doctor Responds: Denial of Negligence and Racism
In a statement of defence filed on March 14, 2025, the doctor denied making racist comments or acting negligently. He stated that while Flett reported drinking heavily in the days prior, he was not intoxicated and did not present with signs of a serious or emergent illness at the time of examination.
The doctor cited that:
- Flett reported mild discomfort but had no fever or alarming symptoms.
- Lab results were reassuring.
- The clinical picture suggested general, non-emergent abdominal pain.
- Flett was advised to follow up with a general practitioner or seek emergency care if symptoms worsened.
Timeline and Alleged Injury
Flett left The Pas and traveled by bus to Winnipeg later that morning, where his condition deteriorated. By early the next day, doctors at Seven Oaks Hospital diagnosed him with acute appendicitis, which had already ruptured. He was transferred to Grace Hospital for surgery and treated for infection.
Defence Challenges Allegations
The doctor contends that he had no knowledge or involvement in Flett’s care after discharge and argues that the lawsuit fails to establish any breach of fiduciary duty or negligence.
His legal team argues:
- The plaintiff failed to mitigate his damages.
- The claim lacks sufficient legal basis.
- Any alleged injuries were not caused by the defendant’s care.
- The damages sought are “excessive and too remote.”
The defence is seeking full dismissal of the lawsuit with costs.
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