A recently decided British Columbia Supreme Court case shows how medication errors can have dangerous impacts on a patient’s wellbeing – and how a medication error lawyer can help an injury victims access compensation to fund their recovery.

The case in question involved Dr. Clasina Fourie of Abbotsford Regional Hospital and her patient Jeffrey Baglot. In late July 2011, Baglot was admitted to Abbotsford Regional with severe abdominal pain during a Crohn’s disease flareup. Dr. Fourie prescribed ketorolac, a powerful anti-inflammatory, after which Baglot’s condition worsened to the point where he was unable to walk.

In early August, Baglot was transferred to Royal Columbian Hospital in New Westminster where doctors identified a large, perforated ulcer on his small intestine. The condition required surgery, after which Baglot experienced two bleeds, the second of which landed him in the intensive care unit.

Fourie did not dispute that the prescription was issued in error and acknowledge the plaintiff’s entitlement to damages from the perforated ulcer, the surgery, and the 53-day hospital stay. However, she stated that she was not responsible for lasting injuries related to the medication error.

Baglot testified that during his stay in the ICU he believed he was going to die. The event caused him enormous trauma and ongoing psychological stress. Additionally, the medication error led to events that caused ‘scar tissue, chronic pain requiring high doses of opioids, increased fatigue and an exacerbation of his health problems,’ according to the Surrey Now-Leader. Baglot now lives with depression, hypersensitivity, and post-traumatic stress disorder (PTSD).

The plaintiff’s medication error lawyer, with the help of several medical expert witnesses, was able to convince Justice Diane MacDonald that Dr. Fourie’s avoidable error was the cause of Baglot’s ongoing health problems.

“He is totally disabled, in constant pain, housebound and isolated,” Justice MacDonald stated in her January 31 ruling. “He is not the same man he was before his hospitalization and he certainly cannot work.”

“He is largely in pain, dependent on opioids, depressed and struggles to keep on weight. He has lost friends, is isolated, has problems managing his time, and cannot deal with change,” the judge added.

Justice MacDonald awarded nearly $900,000 in damages, including $63,000 in past wage loss, $146,000 in non-pecuniary damages, $440,000 in loss of future earning capacity, $185,00 in costs of future care, and $54,000 in trust for the plaintiff’s mother, the Now-Leader reports.

If you or a member of your family has suffered an injury as a result of a medication error, contact Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation. At Neinstein, an experienced medication error lawyer can provide the guidance and advice you need to facilitate your recovery.

 

Image credit: U.S. Air Force/Senior Airman Cody Dowell

 

Greg Neinstein

Greg Neinstein

Greg Neinstein, B.A. LLB., is the Managing Partner at Neinstein Personal Injury Lawyers LLP. His practice focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. Greg has extensive mediation and trial experience and has a reputation among his colleagues as a skillful negotiator.
Greg Neinstein