Appeal Court hears family’s argument over Brian Sinclair ER death - Winnipeg | Globalnews.ca - Chinta Puxley, Canadian Press:
September 22, 2014 - "The family of a man who died during a 34-hour wait in a Winnipeg emergency room is asking Manitoba’s highest court to reinstate its lawsuit against a health authority.
"Lawyer Murray Trachtenberg told three Appeal Court justices Monday that Brian Sinclair’s charter rights were violated when he died in a hospital waiting room in 2008.
"Lower court judges struck down the heart of the family’s lawsuit against the Winnipeg Regional Health Authority, saying Sinclair’s charter rights died with him.
"But Trachtenberg said it’s absurd that a man who died because he didn’t receive the care due him under the Charter of Rights and Freedoms isn’t allowed to sue because he’s dead.
"'The breaches in question took place while Mr. Sinclair was alive,' Trachtenberg told the court.
"'The alleged breaches are the very actions and inactions which caused his death and necessitate his personal representative to bring forward the claim as he is obviously incapable of doing so'....
"Although Sinclair spoke to a triage aide when he first arrived at the emergency room, he was never formally entered into the hospital’s system. He languished in the waiting room for hours, growing sicker and vomiting several times, but was never asked if he was okay or awaiting care.
"By the time Sinclair was discovered dead, rigor mortis had set in."
Read more: http://globalnews.ca/news/1575854/appeal-court-hears-familys-argument-over-brian-sinclair-er-death/
'via Blog this'
September 22, 2014 - "The family of a man who died during a 34-hour wait in a Winnipeg emergency room is asking Manitoba’s highest court to reinstate its lawsuit against a health authority.
"Lawyer Murray Trachtenberg told three Appeal Court justices Monday that Brian Sinclair’s charter rights were violated when he died in a hospital waiting room in 2008.
"Lower court judges struck down the heart of the family’s lawsuit against the Winnipeg Regional Health Authority, saying Sinclair’s charter rights died with him.
"But Trachtenberg said it’s absurd that a man who died because he didn’t receive the care due him under the Charter of Rights and Freedoms isn’t allowed to sue because he’s dead.
"'The breaches in question took place while Mr. Sinclair was alive,' Trachtenberg told the court.
"'The alleged breaches are the very actions and inactions which caused his death and necessitate his personal representative to bring forward the claim as he is obviously incapable of doing so'....
"Although Sinclair spoke to a triage aide when he first arrived at the emergency room, he was never formally entered into the hospital’s system. He languished in the waiting room for hours, growing sicker and vomiting several times, but was never asked if he was okay or awaiting care.
"By the time Sinclair was discovered dead, rigor mortis had set in."
Read more: http://globalnews.ca/news/1575854/appeal-court-hears-familys-argument-over-brian-sinclair-er-death/
'via Blog this'
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