Manitoba man sues health authorities for failing to provide timely care: lawsuit

First Nations man suing Manitoba health authorities, alleges he was denied emergency care after his appendicitis was mistakenly dismissed as a hangover. Mitchell Ringos reports.

By Mitchell Ringos and The Canadian Press

A Cree man has filed a lawsuit against two Manitoba health authorities alleging he did not receive timely medical care and was accused of nursing a hangover. 

Justin Flett spent days in multiple hospitals and travelled more than 600 kilometres to get treated for acute appendicitis in January 2023. 

Flett filed a lawsuit last month in the Manitoba Court of King’s Bench against multiple health authorities and the physician who initially treated him, saying his pleas of severe abdominal pain were ignored.

“They left him to suffer in agony, and denied or delayed the urgent care, assessment and treatment that he required,” the statement of claim alleges. 

“As a result, his appendix ruptured, an aggressive infection spread within his abdomen and his life was unnecessarily placed in peril. He now suffers serious ongoing complications and injuries as a result.”

Assembly of First Nations Manitoba Regional Chief Willie Moore, left to right, Assembly of Manitoba Chiefs acting Grand Chief Betsy Kennedy, Manitoba Keewatinowi Okimakanak Grand Chief Garrison Settee and Justin Flett take part in a press conference in Winnipeg, Tuesday, Jan. 14, 2025. (Photo Credit: Mitchell Ringos, CityNews)

The allegations have not been tested in court.

Statements of defence have yet to be filed. Both health authorities declined to comment because the matter is before the courts. The Northern Health Authority said it would not confirm whether the doctor is still employed at the hospital. 

“Since all of this happened, I’ve had ongoing gastrological intestinal problems that make me have unpredictable bowel movements and other problems, this means I can’t work as a construction contractor and there’s lots of other things that are difficulty to do now,” said Vilko Zbogar, Flett’s lawyer speaking on behalf of him.

Flett, 46, is a Cree father of six from the Tataskweyak Cree Nation in northern Manitoba. He lives in Winnipeg but at the time of the events was visiting his elderly mother in The Pas. 

Map showing where Justin Flett travelled from to get medical attention. (CityNews Image)

On the evening of Jan. 14, 2023, Flett experienced a sudden onset of sharp abdominal pain and nausea, said the statement of claim. He went to the emergency room at St. Anthony’s General Hospital early the next morning after the pain worsened through the night. 

Despite telling the triage nurse he could not sit, stand or move around, Flett was assigned as a non-urgent, low-priority case and was given anti-nausea medication, the suit claims. 

When he was finally seen, he told the doctor he was in severe pain. 

“(The doctor) lightly pressed on the area where Mr. Flett said he was feeling pain and stated, ‘I don’t know what to tell you, we don’t treat you here for hangovers,’ or words to that effect,” the lawsuit alleges. 

Flett told the doctor he wasn’t hung over. 

Justin Flett. (Photo Credit: Mitchell Ringos, CityNews)

It said the doctor did not conduct further examinations or tests and claimed the doctor did not take the complaints seriously because he “falsely assumed that (Flett’s) injuries were due to having been intoxicated.”

Flett was discharged and booked a bus ticket to Winnipeg to try and receive help elsewhere. The claim said he spent nearly 12 hours lying in pain on the floor at the back of the bus.

When he arrived in Winnipeg, he called an ambulance but was told by 911 operators that it would take too long and ended up taking a taxi to Seven Oaks General Hospital. There, Flett was triaged and told to wait until he managed to flag down a doctor, who confirmed Flett was suffering from acute appendicitis and would require immediate surgery. 

Because of the delays, Flett’s appendix ruptured before he was transferred for surgery, the lawsuit alleges. It says since this occurred, Flett has been hospitalized, developed the onset of a chronic bowel condition, is unable to continue his job as a construction contractor, and experienced a loss of income and emotional distress. 

First Nations leaders say they remained concerned about systemic discrimination in the health system. 

“No one should have to fear for their life because of the colour of their skin or their place of residence,” said Betsy Kennedy, acting grand chief of the Assembly of Manitoba Chiefs. “Every person deserves equitable, compassionate and timely health care.” 

Justin Flett. (Photo Credit: Mitchell Ringos, CityNews)

Garrison Settee, the Grand Chief of MKO adds, “This is the only way people listen if people like Justin Flett refuses to accept the status quo and peruses an avenue to bring justice to his case and the rest of people who have been suffering.”

The Northern Health Region declined to comment to CityNews on ongoing legal proceedings but emphasized its commitment to high-quality, equitable health services.

This comes at a time when AMC is expressing outrage over the WRHA’s decision to terminate funding for the AMC’s Patient Advocate Unit.

“The AMC Patient Advocate Unit has provided a valuable service to the Indigenous community, which was essential in filling a much-needed gap in supporting Indigenous patients and ensuring their voices were heard within the healthcare system,” said the WRHA in a statement to CityNews.

“With the recent focus of Indigenous Health Services within our region, importantly including the addition of Indigenous Patient Advocate and Discharge Planning Coordinators, these supports are now available on a permanent basis within the WRHA. These roles work to provide culturally appropriate guidance and care to patients, clients and residents in WRHA facilities sites and programs.”

They added that they are “engaging and collaborating with numerous Indigenous-leg organizations to create a strategic plan with the aim of providing health care that better serves Indigenous people,” before saying they could not comment on the lawsuit.

The Province, however, says patients will still receive support through new Indigenous patient advocate and planning roles that will be offered permanently.

“Our government was happy to extend the funding to AMC for a year after the agreement expired because we understand the important role that AMC’s Patient Advocacy Unit has played in creating safe environments for First Nations patients in the healthcare system,” said Health Minister Uzoma Asagwara.

“We have been advised WRHA has now established the Indigenous Health Team with 36 staff members, who will deliver stable, long-term permanent Indigenous patient advocacy and we’ve encouraged them to continue to partner with AMC to have a positive and meaningful relationship that supports improved safety and health outcomes of First Nations people seeking care.”

Asagwara added, “This individual’s story is heartbreaking and unacceptable, my heart goes out to this patient’s family and community. While I cannot comment on the ongoing lawsuit, I want to emphasize our government’s condemnation of anti-Indigenous racism and commitment to addressing it in all forms. Health care should always be about keeping patients safe and getting them the care they need.”

This report by The Canadian Press was first published Jan. 14, 2025. 

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