Update of previously reported case – Ajax Pickering Hospital

 

UPDATE Sep 9, 2013:  There’s been a new development in the case of the 69-year-old Toronto-area stroke patient that Seniors at Risk reported on last year.

In June 2013 the man’s wife launched a court appeal of the decision that had been rendered by the Consent and Capacity Board (CCB). The CCB confirmed that Marilyn Nelson is the legal substitute decision maker for her husband Arthur Hippe by virtue of him having appointed her to be his power of attorney for personal care. However, the CCB also ordered Ms. Nelson to consent to the doctors’s proposed treatment plan.

The latest court documents reveal the story.

_______________________

A previously reported case in Ontario has moved into the court room. The hospital, doctors and staff are named as parties in a civil suit brought by the spouse of a man who is being detained in a hospital against his will, and that of his spouse and power of attorney, and his family.

Court documents reveal violation of legal rights by the health care providers, as well as intimidation, coercion, threats and mistreatment of both the person in care and the family.

2012-08-20 Marilyn Nelson sworn affidavit #1

2012-08-21 Marilyn Nelson notice of application court stamped 79814-12 

EXHIBITS included in Marilyn Nelson affidavit:

Exh D – 2011-06-24 Letter of Dr. Price to Marilyn Nelson

Exh F – 2011-04-11 Letter of Michelle Springer, RVHS social worker confirming receipt of POA

Exh H – 2011-08-22 letter of Dr. Price to Marilyn Nelson

Exh I-1 – 2012-07-12 Toronto Star – New study finds Ontario ERs missing 1 in 10 stroke patients

Exh J – 2010-06-08 letter from Marilyn Nelson to Dr. Nicholas

Exh K-1 – 2010-06-22 Dr. L. Georgevich neurologist consultation report

Exh K-2 – 2010-07-18 Dr. Georgevich consult report – neurologist

Exh L – 2012-03-20 Letter from Rik Ganderton to Marilyn Nelson

Exh N – 2011-07-22 Letter and treatment plan from Theresa Eyman, RVHS

Exh O-1 – Health Canada Advisory – Zyprexa (olanzapine) – Advisories, Warnings and Recalls for Health Professionals – 2004 – Health Canada

Exh O-2 – Health Canada Advisory Warning – Zyprexa (olanzapine) – Advisories, Warnings and Recalls for the Public – 2004 – Health Canada

Exh P – ZYPREXA – Olanzapine_ MedlinePlus Drug Information

Exh Q – Haloperidol_ MedlinePlus Drug Information

Exh S – Ontario Superior Court of Justice Class Action lawsuit 05-CV-284309CP 2010

Exh T – Always a last resort – U.K. inquiry into the prescription of antipsychotic drugs April 2008

Exh U – Letter to Nurse Heather, June 2011

Exh V – 2012-05-31 Letter of Doctors Stas and Price to Marilyn Nelson – palliative, PGT

Exh W-1 – 2011-12-06 Letter of Hospital Security banning Marilyn Nelson

Exh W-2 – 2012-01-06 Letter of Hospital Security to Marilyn Nelson

Exh W-3 – 2012-03-07 Letter of Hospital Security to Marilyn Nelson

Exh Y – 2011-03-29 certificate of incapability for property Dr. S. Fishman to PGT

Exh Z-1 – 2011-06-24 Letter of Molly Jung, PGT June 24, 2011

Exh Z-2 – 2011-09-01 Letter of PGT Dermot Moore Sep 1, 2011

Exh AA – 2011-06-22 letter of Katharine Byrick counsel for Dr. Price withdrawing application to CCB

Exh BB – 2011-09-12 Discharge Summary ERCP Dr. Price

Exh CC – 2011-09-01 Letter of PGT Bonnie Benedik to Marilyn Nelson

Exh DD – 2012-04-23 Letter of Marilyn Nelson to CEO Rik Ganderton

Exh EE-1 – 2012-06-04 letter from Hospital to Marilyn Nelson, signed under duress

Exh EE-2 – 2012-06-13 Letter of Hospital Security to Marilyn Nelson

Exh FF – 2012-06-27 Letter of PGT, Benedik to Doctors Stas and Price

Exh GG – 2010-10-07 Discharge Summary Dr. Seetha Nicholas

Exh HH – 2010-06-03 Admission History – Dr. Seetha Nicholas

Exh HH – 2010-06-03 Admission History – Dr. Seetha Nicholas

Exh J J – 2012-06-27 Email response confirming receipt of served Legal Notice from Katharine Byrick, lawyer for hospital Respondents

Exh KK – 2012-07-10 email of Thelma Matheson to Hospital

Exh LL-1 – 2012-07-24 email request of Thelma Matheson to Hospital for records

Exh LL-2 – 2012-07-31 Thelma Matheson Consent for Disclosure to obtain records

Exh MM – 2012-07-25 response from Nora Clark, RVHS to Thelma Matheson re records request

Exh NN – 2012-07-27 letter of Dr. Stas to Thelma Matheson

Exh OO – 2012-07-24 email reply to Rouge Valley Health System from Thelma Matheson

Exh PP – 2012-08-03 Letter of Thelma Matheson to Dr. Stas

Exh QQ – Timeline and Document Log

AFFIDAVIT OF THELMA MATHESON, SISTER OF ARTHUR HIPPE

1 – 12 from MATHESON, Thelma

13 – 24 from MATHESON, Thelma

 

LEGAL RESPONSE AND AFFIDAVIT FROM ROUGE VALLEY HEALTH SYSTEM

2012-08-27 Ajax Pickering Hospital factum

2012-08-27 Ajax Pickering Hospital, Theresa Eyman affidavit

2012-08-27 Ajax Pickering Hospital, Theresa Eyman affidavit exhibits

 

FURTHER COMMUNICATIONS WITH OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE:

2012-08-20 Letter from Ontario Public Guardian and Trustee (PGT) – Philippa Geddie to Marilyn Nelson

2012-08-26 Letter  to Ontario Public Guardian and Trustee from Marilyn Nelson

 

 

 

 

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4 Comments »

  1. AJAX PICKERING HOSPITAL…READ THE LAW SUIT AND RE READ THE DETAILS. IT IS A HORRIBLE EXAMPLE OF DISRESPECT FOR THE PATIENT AND FAMILY CAREGIVER(S) AND THE ABUSE OF POWER ON THE PART OF THE MEDICAL COMMUNITY. WORTH NOTING: THIS IS NOT A SINGULAR CASE! IT IS HAPPENING IN MANY GERIATRIC CASES.THE ONTARIO GOV’T NEEDS TO FOCUS ON THE LEGAL ISSUES IN CASES SUCH AS THESE.
    TRAUMATIC AND STRESS INDUCING FOR PATIENT AND FAMILY. MEDIATION AND SENSITIVITY NEED A HYPER FOCUS IN THE MEANTIME AS THE GOV’T WAITS…ON WRITING A NEW LAW FOR THE RIGHTS OF THE PATIENT.NEW LEGISLATION IS A MAIN PART OF THE STRUGGLE. KEEP CONTACTING LOCAL MP’S.

    Comment by lisa seward — November 1, 2012 @ 6:06 am

  2. AJAX PICKERING HOSPITAL… How can health authorities get DNR Orders when a patient is convinced/tricked to giving a DNR Order and the family is not told.

    Comment by Audrey — December 2, 2012 @ 11:58 pm

  3. DOCTORS DENY POWER OF ATTORNEY RIGHTS… We should all be concerned for our own family situations and to be aware that this could happen to us!
    Marilyn Nelson’s sad sad story is actually a love story. Her heartbreak of having to watch (when allowed supervised visits if one can imagine!) her darling husband suffering, when she is helpless to stop or prevent it. I could not believe that what has happened in their lives during the past 3yrs is taking place in our beloved Canada and not a Communist Country!
    What she has had to endure in her late sixties is terribly cruel and enough to give her a stroke if she isn’t careful – unbelievable stress!
    I’ve met Marilyn Nelson. I am impressed with her determination to fight the establishment and not to be browbeaten into giving up. She loves her husband deeply and wants him in a proper stroke facility. Surely this is his right?
    We should all be concerned for our own family situations and to be aware that this could happen to us!
    Please support her in her actions in any way you can, especially prayer.

    Comment by Sheila — September 27, 2013 @ 2:31 pm

  4. DOCTORS ACCUSED OF BATTERY… She should be able to remove her husband, I think it is terrible. What Law says that she can’t. Do hospitals have this much power over someone????? It’s scarey.

    Comment by Pauline J. Diebel — October 4, 2013 @ 4:52 am

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