This Court of Appeal case displays the behaviour of the Vancouver Coastal Health Authority, nurses and doctors in British Columbia when it come to defending against medically negligent mistakes. This appeals arose out of a medical negligence action in which a nurse and doctor were found to be negligent at the emergency department of Powell River General Hospital. The judge found the nurse 70% at fault and the doctor 30% at fault.

Vancouver Coastal Health Authority was held vicariously liable for the negligence of the nurse. The negligence was very obvious, the nurse should have simply taken the patient’s blood pressure. However, Vancouver Coastal Health Authority and the Doctor proceeded unsuccessfully with this appeal(Pinch (Guardian ad litem of) v. Morwood,2017 BCCA 234) thereby prolonging justice for this victim of medical malpractice.

The Vancouver Coastal Health Authority appealed the finding of negligence against the nurse. It also appealed against the apportionment of fault. In upholding the  apportionment of fault the Court had this to say:

[62]  I turn finally to Nurse[ B’s] apportionment appeal. For practical purposes, this appeal is premised on this Court setting aside, or referring to a new trial, the question of whether Nurse B took Ms. P’s blood pressure. Given that that error was serious, there is no realistic force in this appeal if that finding stands. In these circumstances, I cannot say the apportionment determined by the judge is grossly disproportionate to the parties’ respective fault. Since I would dismiss Nurse B’s liability appeal, it follows that I would dismiss the apportionment appeal also.

Posted By Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

1 Comment

  1. in January 2018 , i opened a energy drink and the tab fell inside,at the end of the night i remembered about the tab and looked inside the can and it wasnt there ,so i went to surrey hospital and the doctor ex- rayed me and said that it wasnt inside me, so i went home and i started to get stomach pain ,discomfort so i went back to surrey hospital and they did a whole bunch of tests ,the only thing they didnt do was a scope that would of solved everything.instead the doctor said that i was drug seeking.embarrassed i went to royal columbian and got the same kind of crap.i went to those two hospitals 15 to 20 times in two months .i was admitted to surrey and was on a high dose of pain meds and again no scope.was at st Pauls hospital for about 5 days and no scope .They prepped me for a colonoscopy then it got called off,went back to st Pauls hospital and they pulled it out of my small intestine the tab was in my body for approx 10 months.I was treated unfairly by many doctors and nurses.i was 2 years ten months clean and sober about the 8 month of swallowing the tab i relapsed,because they were just giving me a lot of pain meds and should of just scoped me .Freaked out going to hospitals now and i think i have ptsd now because of my treatment at those 3 hospitals.I found out that the first night that i went to surrey hospital which the doctor exrayed me ,well exray cannot pu alluminum i was told by other doctors.
    Note in Recycle Bin • Edited 16:03

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