Doctors accused of battery refuse to release hospital patient

– hospital lawyers ask to have court file sealed

 

October 17, 2013 Update

CHEX-TV removes Time to Die from their website

CHEX-TV’s investigative series Time to Die chronicles the story of Arthur Hippe, a 69-year-old stroke patient, and his wife Marilyn Nelson’s efforts to have him released from Ajax Pickering Hospital. Seniors at Risk reported that CHEX-TV aired Part 1 of the investigative series Time to Die on October 3, 2013. CHEX-TV posted Part 1 to the TV station’s website archives. We have since discovered that CHEX-TV removed Part 1 after being threatened by lawyers for the Rouge Valley Health System, the organization that operates the hospital.

BUT you can still view Part 1 of Time to Die by clicking on the video that Seniors at Risk has posted below.

Lawyers threaten CHEX-TV

Lawyers for Ajax Pickering Hospital are threatening action against CHEX-TV. This appears to be the reason CHEX-TV chose not to run Part 2 of their investigative report. CHEX-TV had planned to air Part 2 the day after Part 1 aired. Scroll further down to read about the hospital’s latest effort to keep information from the public.

It’s a desperate plea from an Ajax woman. She says her husband is being held hostage by a hospital there and given anti-psychotic drugs against her wishes. Pamela Vanmeer has been investigating this case for months and tonight brings us part one of her special series Time to Die.

 

READER COMMENT:

Del asks:  “Can you give us the link to Part 2 Time to Die [CHEX-TV investigative report]? I am unable to find it. I would like to know what the “specific provisions” are that are going to be given in Part 2.”

RESPONSE:

Part 2 of Time to Die has not yet been aired by CHEX-TV.

The morning after Part 1 was aired, lawyers for Ajax Pickering Hospital (Rouge Valley Health Systems) complained to the Canadian Broadcast Standards Council in an apparent effort to have the TV station’s license removed. They alleged that CHEX-TV’s investigative reporter, Pamela Vanmeer, lied to the hospital about whether she had recording equipment with her while visiting Arthur Hippe in hospital.

It is noteworthy that the hospital and their lawyers did not deny any of the facts reported in the CHEX-TV investigative report.

The reporter had permission to take photos of Arthur from Arthur Hippe’s wife, who is his Power of Attorney for Personal Care.  As the hospital requested, the reporter did not take or broadcast pictures of staff, other patients or visitors on hospital property. It is not against the law (more…)

Pharmaceutical lobbyist backed former NDP health critic… What??

UPDATE Sep 19, 2013:  A reader sent us a story about the pharmaceutical industry’s influence on the media, helping to hide the fact that prescription drugs often cause violent outbursts, such as the recent Navy Yard shooting. We’ve added the story to the end of this article because it illustrates why we should be very concerned about how far and thoroughly the tentacles of the pharmaceutical industry have spread, and about their influence on our politicians and the hazardous effects on our society and our lives.
How much of the resident-on-resident violence we are hearing about lately in nursing homes might also be caused by the drugs being given to the residents?
Scroll down to read “Media Buries Psychiatric Drug Connections to Navy Shooter” after reading our feature story below.

Pharmaceutical lobbyist backed former NDP health critic… What??

 

We are truly surprised (and disappointed) to learn that one of the stars of the B.C. NDP had a pharmaceutical industry lobbyist working as a key organizer of his 2011 party leadership campaign.

Several years ago, many of us advocating against elder abuse woke up to the unpleasant reality that the NDP, both provincially and federally, were unwilling to do little more than utter platitudes in the media and publish glossy reports about elder abuse – largely ignoring elder abuse committed by health care providers and public agencies.

The Sep 13, 2013 issue of the weekly Vancouver paper, Georgia Strait reports that lobbyist Marcella Munro was working for Mike Farnworth, the former B.C. NDP Health critic, a close runner-up to opposition leader Adrian Dix in the 2011 NDP leadership race. Mr. Farnworth is now NDP Finance critic and a top contender to replace Mr. Dix as part of the fall-out from the NDP defeat in the May 2013 provincial election in B.C.

Marcella Munro is with the Earnscliffe Strategy Group, and is a registered lobbyist for Rx&D, formally known as “Canada’s Research-Based Pharmaceutical Companies”, as well as a lobbyist for major players in the fish farming, pesticide and natural gas industries. She also lobbies directly for GlaxoSmithKline, Novartis Pharmaceuticals Canada Inc., and Eli Lilly.

Rx&D is (more…)

Appeal Court says St. Michael’s Hospital wrong to administer antipsychotic drugs without consent

A glimmer of hope appeared last week in the battle to restore the fundamental right of Canadian citizens to choose to give or withhold consent to medication.

A panel of judges in Ontario’s highest court has just overturned previous rulings that permitted a doctor to administer antipsychotic drugs to a patient without her knowledge and against her will.

According to an article in the National Post, this ruling “reinforces a patient’s right to refuse medication,” which the Supreme Court of Canada upheld in 2003. Given the flood of similar cases received by Seniors at Risk, this right to withhold consent has been routinely trampled by our publicly funded doctors, hospitals and nursing homes, often with the aggressive support of lawyers and judges, which this case chillingly demonstrates.

When Amy Anten was hospitalized in November 2009 for treatment of lupus, staff at St. Michael’s Hospital in Toronto began secretly “slipping an antipsychotic drug (risperidone) into her orange juice” without her knowledge. Later, after she was injected with (more…)

Fatality inquiry judge dismisses request for warnings about antipsychotic drugs

In another example of how citizens are routinely put at risk by the health care system, an Alberta judge has ruled that patients and their substitute decision makers do not need to be informed about the risks of proposed drugs or medical procedures.

 

In her report on the fatality inquiry into the Zyprexa-caused death of 61-year-old Carol Pifko in an Edmonton AB nursing home, Provincial Court judge Elizabeth Johnson ignored all recommendations put to her, including that long-term care staff inform patients and their families of the risks associated with Zyprexa (olanzapine). Judge Johnson wrote:

“It would seem to fetter a physician in how he or she deals with a patient or exercises his or her professional judgment.”

The judge’s statement does not square with the law. Every citizen in Canada has the right to refuse consent to medical treatment (including medication), and to be given information by the doctor about what treatments are proposed. That is the law. Canadian laws protect us from being subjected against our will to medical treatment or care that we do not consent to (with one exception, if a person is deemed to be a danger to others or themselves). Our laws were designed to prevent the atrocities committed by doctors in dictatorships such as Nazi Germany.

Informed consent is essential

It is recognized that information about proposed treatments, including medication, is essential to making health care consent decisions. “For consent to treatment to be considered valid, it must be an “informed” consent. The patient must have been given an adequate explanation about the nature of the proposed investigation or treatment and its anticipated outcome as well as the significant risks involved and alternatives available.” Consent – A guide for Canadian physicians, Kenneth G. Evans, General Counsel, Canadian Medical Protective Society, Fourth Edition.

If the person/patient is incapable, then their appointed substitute decision maker (SDM) has these rights. SDMs are also referred to as personal/health care representatives or proxies. If the patient has not appointed an SDM, (more…)

Myth – Police are diligent in investigating elder abuse

To hear criminology professor Robert Gordon tell a nation-wide CBC Radio audience a few weeks ago, you’d think that action is readily, even automatically, taken to investigate suspected elder abuse when it is reported. You’d be mistaken to draw that conclusion.

The Current, CBC Radio’s flagship investigative program, profiled the tragic death of Betty Anne Gagnon, an Alberta woman living with her sister and brother-in-law, both of whom pleaded guilty to negligence in Ms. Gagnon’s death and are awaiting sentencing. The segment “What happened to Betty Anne Gagnon?” aired on June 18, 2013.

On air, Professor Gordon, Director of the School of Criminology at British Columbia’s Simon Fraser University, said, “The Public Guardians and Trustees in Canada have a responsibility to ensure that individuals (who are abused or neglected or those who neglect themselves)… are protected.”

Prof. Gordon said that legislation governing the Public Guardian and Trustee offices in each province ensures that the Public Guardian and Trustee (PGT), along with the health authorities and the police, “would be duty bound to actually investigate” complaints of elder abuse.

But how well does the Public Guardian and Trustee staff carry out those responsibilities and duties? And, how well are the criminal laws that supposedly protect citizens from elder abuse crimes being enforced? Let’s examine the evidence.

Reality: Media attention or exposing hidden video images can prompt action

Judging by the growing volume of disturbing cases brought to Seniors at Risk’s attention, reports of suspected elder abuse, and especially abuse by health care facility staff, are being routinely ignored by authorities, including and especially the police. Indeed CBC host Anna Maria Tremonti points out to Prof. Gordon that “family members tried to get help for Betty Anne (Gagnon) by calling the RCMP and various social agencies, but they say no one did anything.”  You can (more…)

BC’s Ombudsperson – the pot calling the kettle black?

Ombudsperson takes 4 years to respond to complaint, says ‘no investigation’

BC’s Ombudsperson Kim Carter and her entourage were out in the Lower Mainland communities of Abbotsford, Chilliwack, Richmond and Surrey last week, urging people to tell her and her “team” all about their complaints and concerns.

Kim Carter calls these sojourns into the British Columbia hinterland,“mobile intakes”.

At the end of the week, Ms. Carter took time to do a few media interviews. During these interviews, Kim Carter revealed that the most common complaints her Office receives about government agencies and other organizations her Office oversees are:

  • “Unreasonable delay” by public agencies and organizations in responding to complaints, and
  • “No good, clear explanation” for the concerns brought forth in complaints.

CBC-BC Radio morning show hosts in Vancouver and Victoria, Rick Cluff and Gregor Craigie, both asked Kim Carter about the recent appointment of a Seniors’ Advocate for British Columbia. The BC government decided to make the Seniors’ Advocate office part of the Ministry of Health, and stipulated that the Seniors’ Advocate would not investigate individual cases.

Kim Carter commented that since the new Seniors’ Advocate would not be permitted to investigate individual cases, “…there will still be a very active role for our Office (to take seniors’ care complaints) and we’ll be very much involved with seniors issues because we do have that power.” [interview starts at the 8:30 mark of the podcast]. In other words, her Office is the only place complaints about seniors’ health care in BC can be brought for investigation, once the complainant has exhausted the avenues available within the organization or agency alleged of wrong doing.

But “active” role is not what comes to many complainants’ minds when they think of BC’s Ombudsperson Office.

In fact, Seniors at Risk has learned that the BC’s Ombudsperson Office has a reputation far worse than many of the agencies it oversees, and particularly when it comes to:

  • unreasonable delays
  • no good, clear explanation
  • failure to investigate cases

Here’s one of several examples of Ombudsperson Office neglect that has been brought to Seniors of Risk’s attention recently.

Unreasonable Delays 

In August 2008, Rita McDonnell of Surrey, BC submitted a complaint to the Ombudsperson regarding the care received by her 68-year-old father, Gary Davis while in hospital.

She received a response from the Ombudsperson Office on December 21, 2012. Yes – more than four years later.

In the meantime, Gary Davis had died in a publicly funded long-term-care facility in July 2009 after developing severe bedsores and hospital-acquired infections from inadequate care that necessitated amputation of his legs, and enduring rough treatment by nursing staff.

Failure to Investigate

The letter from the Ombudsperson’s Manager of System Review, Carly Hyman, said,  (more…)

Jean Wilder case in court today

 

Despite the efforts of Jean Wilder’s family and friends, and a letter-writing campaign by the public earlier this year, this 61-year-old woman is still being held in an Interior Health Authority (IHA) hospital with no apparent justifiable reason or legal authority.

 

In February 2012 Jean Wilder was transferred from the Invermere & District Hospital’s acute care department to an extended care unit (ECU) to recover from complications following surgery a month earlier. When Jean and her family raised concerns about the care she was receiving at the ECU, hospital staff suddenly detained Jean against her will, banned her family and friends, and refused to allow Jean to see a lawyer. See previously published stories.

Now, nine months later, Jean Wilder is still being held without any due process. The IHA has not provided Jean Wilder’s family with any information about why, or under what legislation, she is being forcibly detained without her consent. The Interior Health Authority also appears to be making all health care decisions for Jean Wilder, even though they have no lawful right to do this.

Jean Wilder’s voice and rights to her own life and liberty, now long ignored, will likely be completely snuffed out this week.

On December 12, 2012, a court in New Westminster, B.C., 800 kilometres and a 9 hour drive from Invermere, BC, will take 5 minutes to hear the case to declare Jean Wilder legally incapable.

Why and how did this happen?  The short answer is that she became an unwilling victim of elder abuse by the Interior Health Authority and the Public Guardian and Trustee. After Jean Wilder’s family and friends raised concerns about Jean’s care, hospital staff reported them to the B.C. Public Guardian & Trustee’s office (the PGT). From that moment (more…)

Videos show nursing staff assaulting defenceless patients

U.S. prosecutes abuse by health care providers, Canada turns a blind eye

 

Shocking video flashed across Canada several weeks ago showing nursing staff forcibly injecting powerful antipsychotic drugs into the body of a bound and hooded, but calm, teenage girl, “without her consent and for no apparent reason,”  (Toronto Star).  By law, and by common sense, prescription drugs are to be administered only when there is a clinical indication that they will have a beneficial therapeutic effect.

Ashley Smith entered Canada’s youth health care/prison system at the age of 14 for the crime of throwing crab apples at a postman. After several years of “treatment”, much or most of it in solitary confinement, debilitated by forced prescription drugs, Ashley strangled herself while prison staff stood idly by, watching. A coroner’s inquest is underway.

We associate state beatings, torture, or injecting drugs into a person as punishment or threat, with the brutality of the Soviet Gulag, or the depravity of the U.S. military prison Abu Ghraib, or modern-day China’s organ harvesting from still-live prisoners. But this is Canada, this is today. We ought to be shocked, ashamed, and galvanized into acting.

What if young Ashley Smith had been an elderly woman in a Canadian nursing home or care facility instead of a jail?

There would likely be no video evidence recorded to reveal the brutal treatment by health care providers. Ashley Smith’s plight would have been hidden, her death unnoticed, unreported and unpunished.

Why? In Canada, mandatory video surveillance in prisons is designed to protect both inmates and staff.  However, elderly citizens in Canadian hospitals and nursing homes have no such protection. Instead, unlike the U.S. (see below), Canadian governments and courts vigorously prohibit video surveillance inside the hospital and nursing home rooms (more…)

Regulator of Physicians hides details of doctor misconduct

 

We used to trust our doctors. In fact at one time, doctors were so trusted, we gave them the right to regulate themselves through provincial Colleges of Physicians and Surgeons. Our courts defer to their judgment, and assume doctors automatically possess profound knowledge, impeccable skills and unassailable integrity.
 
But, Canadian doctors have squandered the public’s (admittedly naïve) trust. In Canada today, many people fear doctors and the health care system, and with increasingly good reasons.
 
Today, we bring you two chilling stories, one from Ontario and one from British Columbia, that demonstrate how doctors have lost our trust.

College of Physicians and Surgeons keeps secret the details of incompetence

October 22, 2012

An Ontario surgeon found guilty of professional misconduct and incompetence, including causing death, has been allowed to continue to see patients while details of his infractions are kept secret from the public.

The Ontario College of Physicians and Surgeons is resisting revealing the details about the 22 instances of misconduct and incompetence that they confirmed, stating:  “the disciplinary committee’s ‘rules of procedure’ allow (more…)

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 (more…)

back to top LW