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Legal expert says malpractice fights tough to win when Canadian hospitals get it wrong
Legal expert says malpractice fights tough to win when Canadian hospitals get it wrong

Global News

time13-06-2025

  • Health
  • Global News

Legal expert says malpractice fights tough to win when Canadian hospitals get it wrong

A legal expert says suing for medical malpractice can come with a long list of challenges. The comments come after a Nova Scotia woman says she was wrongly told she had terminal breast cancer just weeks after being told she had no traces of the disease. 'It really matters whether or not somebody fell below the standards they were supposed to meet,' said Wayne MacKay from Dalhousie law school. 'You'd have to find out: how does this normally get done? What's the normal practice? What did they do in this case? Did they fall below what was a reasonable standard? And that's probably the key thing.' This week, Gabriella Patey told Global News that Halifax's IWK Health Centre made several errors when delivering her breast biopsy results. Story continues below advertisement 2:58 Nova Scotia woman demanding answers after breast cancer misdiagnosis On May 17, the hospital said her results were all clear. Then two weeks later, she was informed she had advanced-stage breast cancer — giving her about 10 months to live. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy But then just days after that, she was told the positive results were sent in error and the terminal diagnosis was meant for someone else. 'I'm still completely traumatized from the whole experience. I still feel it now. I feel like I'm outside of my body,' she said. Patey says she's receiving legal advice about the best path forward. According to MacKay, medical malpractice is a high standard to meet. He says a civil action lawsuit would rely on whether there's proof the IWK operated below professional standards when handling the test results. Story continues below advertisement 'They've admitted she got a wrong diagnosis and that's a very serious matter, but that in itself isn't enough,' he said. 'She has to show that that happened in a way that was negligent. They didn't follow all the normal procedures or they did something or somebody did something that was inappropriate.' He says the psychological impacts of a false diagnosis could carry weight in court. 'The court has now evolved to the point where they do recognize that psychological damage is a serious matter too,' he added. Patey received a verbal apology from the IWK on Tuesday. She says she was promised written confirmation of the hospital's wrongdoing by Wednesday morning, but still hadn't received it by late afternoon.

N.S. woman wrongly diagnosed with terminal cancer: ‘Absolutely devastating'
N.S. woman wrongly diagnosed with terminal cancer: ‘Absolutely devastating'

Global News

time10-06-2025

  • Health
  • Global News

N.S. woman wrongly diagnosed with terminal cancer: ‘Absolutely devastating'

A week ago, 31-year-old Gabriella Patey was told she had advanced-stage breast cancer and was expected to have only months to live. Armed with the 'grim diagnosis' that had also claimed her mother's life, Patey began telling family and friends and making end-of-life preparations. 'I put a claim in through my bank for critical illness insurance and just put my name on the list for medically assisted dying,' the Halifax-area woman said. 'I just came to terms with it. This is what it was, just absolutely devastating.' But days later, Patey's family physician called with shocking news. 'I got another call from my primary care physician stating, actually, there had been a critical patient error at the IWK (Health Centre). And the file with the grim diagnosis did not even belong to me,' she said. Story continues below advertisement 'I didn't even really believe her. I mean why should I? They had made this mistake once, how could they make it again?' Initially told tumour was benign Patey first discovered a lump in her breast in October 2023, just a few weeks after her mother died of breast cancer. She went to the Breast Health Clinic at the IWK Health Centre in Halifax over the course of a year and had multiple ultrasounds. 'Throughout that entire process I said, 'You know, is doing a mastectomy an option because of my history?' They stated, quote-unquote, 'We're not there yet.'' She had a biopsy on the tissue from her left breast at the end of April this year. On May 17, Patey said she received a call with 'great news, 'and was told the tumour was benign and had no traces of breast cancer. Get weekly health news Receive the latest medical news and health information delivered to you every Sunday. Sign up for weekly health newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'My husband and I obviously celebrated. We told all my friends and family, it was just such a big relief.' Two and a half weeks later on June 4, her family doctor called to tell her there had been a mistake and she did indeed have cancer. The devastating news came just five days after she finished a successful thyroid cancer treatment. Story continues below advertisement Patey provided Global News with a copy of the written biopsy result stating 'breast tissue (left upper outer quadrant mass)' was found to have 'invasive ductal carcinoma.' She credits her family physician, who also works in the IWK part-time, for pursuing the truth about her diagnosis. By Friday — two days after her terminal diagnosis — her family physician confirmed it was actually an error. Patey's lab report states 'breast tissue (left breast mass at 10 to 12 o'clock)' had 'benign breast tissue' and was 'negative for in situ and invasive malignancy.' Furthermore, her family doctor physically went to the IWK to check the slides. 'A director in the pathology department spoke to my primary care physician directly … and verbally admitted that it was a critical patient error,' she said. 'They are investigating it but she can't comment anymore because it is an ongoing investigation. So no, I have no idea if the other woman has found out and they haven't admitted anything to me on paper.' At this point, Patey isn't confident about her biopsy results and wants to receive something in writing. 'The first thing I'm looking for is an apology' Patey said she is left doubting Nova Scotia's health-care system and is pursuing legal action. Story continues below advertisement But the first thing she wanted was an explanation and an apology. 'I have called them 17 times. I've left multiple messages. I've filed a complaint with the Nova Scotia Health Authority. I filed a complaint through the patient advocate services to the IWK, and I have received absolutely no response, not an apology, nothing, absolutely nothing,' she said Monday. 'I wouldn't even have known about this error, I don't think, at this point in time, if it wasn't for my primary care physician looking at me like I'm an actual human being, and I'm not just a number in a system somewhere.' Patey received a call Tuesday from an IWK representative who confirmed the error and apologized. They said a written explanation was coming. Through it all, Patey said she and her family have been left traumatized by what happened. 'It's absolutely devastating to get a diagnosis like that. I had to look my husband in the face and tell him,' she said. '(We have) all these plans for our future and (I had to) say, 'I may not be here to live out those plans with you.' I mean we're crying ourselves to sleep every night.' And the fact there is another woman and family out there impacted by this error weighs heavily on her. Story continues below advertisement 'The part that also breaks my heart is there is a poor woman out there walking around thinking that she has a benign breast tumour and she has cancer. She has a terminal illness and she might not have any idea,' she said. 'If this happened to me, who else does it happen to and who else will it happen to? There has to be something in place so this doesn't happen again to anybody.' In a statement to Global News, a spokesperson from IWK Health said 'concerns of this nature are taken seriously.' 'Due to patient privacy, IWK Health is unable to comment on specific cases,' wrote spokesperson Andrea Slaney. 'However, concerns of this nature are taken seriously and a formal investigation process is followed with engagement from IWK's Quality, Patient Safety and Patient Experience team.'

Two thugs who helped ambush rival football fans in pub banned from games for two years
Two thugs who helped ambush rival football fans in pub banned from games for two years

Daily Record

time06-06-2025

  • Sport
  • Daily Record

Two thugs who helped ambush rival football fans in pub banned from games for two years

Shocking video footage showed bottles being thrown into Airdrie's West End Bar where St Johnstone fans had gathered before a Scottish Cup tie against Airdrieonians. Two thugs who helped ambush rival football fans in a pub have been banned from attending games for two years. A court heard A irdrieonians supporter Cameron Patey "got a buzz" out of causing trouble. ‌ Shocking video footage showed bottles being thrown into the town's West End Bar where St Johnstone fans had gathered before a Scottish Cup tie against the Diamonds. ‌ Airdrie Sheriff Court heard a group of home fans confronted the Perth side's supporters and a fight spilled on to the street. Patey, 22, Ryan Lawrence, 29, and Nathan Dunsmore, 26, admitted causing a breach of the peace by fighting, shouting and swearing on January 20 last year. Annette Ward, prosecuting, said Airdrie fans were seen on CCTV leaving another pub and heading for the West End Bar before the match. She told the court: "They had their hoods up and their faces partially covered with scarves. The three accused were part of the group. "A large group of St Johnstone fans were already inside the West End Bar. ‌ "As soon as the Airdrie supporters arrived there was an altercation that turned into a scuffle between the two groups. "This quickly spilled on to the street and in the course of that an individual was assaulted by two unidentified males." The court heard that a fourth Airdrie fan was seen on CCTV picking up two bottles and throwing them into the pub. ‌ He was also charged but has since died. Patey has a previous conviction which resulted in him being given a football banning order. Lawrence also has football-related previous convictions. ‌ The court heard that, when asked about his role in the trouble, Patey told a social worker: "It's an escape. It gives me a buzz." But defence lawyer Tony Linden said: "He now describes his conduct as pathetic. His days of attending football matches and seeking out trouble are gone. "He plans to leave the Airdrie area and has an offer of employment with a starting salary of £40,000." ‌ Fraser McKinnon, defending Lawrence, said he accepted responsibility for his behaviour, but the lawyer added: "From the CCTV, it appears his involvement was at the lower end of the scale." Nicky Matteo, for Dunsmore, told the court: "This happened at a time when he was drinking and taking drugs to excess." Sheriff Joseph Hughes imposed two-year football banning orders on Patey, of School Quadrant, and Lawrence, of Park Street, both Airdrie. ‌ These will cover all regulated games in the UK and the pair are also banned from watching televised football in licensed premises. The sheriff said: "I'm satisfied this offence was related to the football match that day. It matters not if it happened before the game started. "It is appropriate to impose these banning orders to prevent violence or disorder at, or in connection with, football matches." ‌ Patey was also warned that he must behave himself over the next nine months while Lawrence will be under supervision for two years and electronically tagged for nine months, meaning he's confined to his home between 7pm and 7am each day. Sentence on Dunsmore, who is in custody on other matters, was deferred until December.

Footage captures terrifying football thugs in bar rampage as fans now banned from games
Footage captures terrifying football thugs in bar rampage as fans now banned from games

Daily Record

time06-06-2025

  • Daily Record

Footage captures terrifying football thugs in bar rampage as fans now banned from games

Shocking video footage showed bottles being launched into the bar where St Johnstone fans had gathered before a Scottish Cup. Two thugs who helped ambush rival football fans in a pub have been banned from attending games for two years. A court heard Airdrie supporter Cameron Patey "got a buzz" out of causing trouble. Shocking video footage showed bottles being thrown into a bar in the Lanarkshire town where St Johnstone fans had gathered before a Scottish Cup. Airdrie Sheriff Court heard a group of home fans confronted the Perth side's supporters and a fight spilled on to the street. Patey, 22, Ryan Lawrence, 29, and Nathan Dunsmore, 26, admitted causing a breach of the peace by fighting, shouting and swearing on January 20 last year. Annette Ward, prosecuting, said Airdrie fans were seen on CCTV leaving another pub and heading for the West End Bar before the match. She told the court: "They had their hoods up and their faces partially covered with scarves. The three accused were part of the group. A large group of St Johnstone fans were already inside the West End Bar. "As soon as the Airdrie supporters arrived there was an altercation that turned into a scuffle between the two groups. This quickly spilled on to the street and in the course of that an individual was assaulted by two unidentified males." The court heard that a fourth Airdrie fan was seen on CCTV picking up two bottles and throwing them into the pub. He was also charged but has since died. Patey has a previous conviction which resulted in him being given a football banning order. Lawrence also has football-related previous convictions. After the brawl, bar manager Scott Rae, 47, told the Record he was lucky to escape injury after being hit by a bottle as he tried to eject troublemakers. Scott said: "Most of the people in the pub at the time were Tartan Army fans who are friends of mine. I had invited them to come to watch the match." The trouble was linked to a tongue in cheek message posted by a St Johnstone fan who tweeted: "Any Airdrie supporters wanting a square go should come to the West End Bar. Bring your mates - you'll need them." The court heard that, when asked about his role in the violence, Patey told a social worker: "It's an escape. It gives me a buzz." But defence lawyer Tony Linden said: "He now describes his conduct as pathetic. His days of attending football matches and seeking out trouble are gone. He plans to leave the Airdrie area and has an offer of employment with a starting salary of £40,000." Fraser McKinnon, defending Lawrence, said he accepted responsibility for his behaviour, but the lawyer added: "From the CCTV, it appears his involvement was at the lower end of the scale." Nicky Matteo, for Dunsmore, told the court: "This happened at a time when he was drinking and taking drugs to excess." Sheriff Joseph Hughes imposed two-year football banning orders on Patey and Lawrence, both of Airdrie. These will cover all regulated games in the UK and the pair are also banned from watching televised football in licensed premises. The sheriff said: "I'm satisfied this offence was related to the football match that day. It matters not if it happened before the game started. It is appropriate to impose these banning orders to prevent violence or disorder at, or in connection with, football matches." Patey was also warned that he must behave himself over the next nine months while Lawrence will be under supervision for two years and electronically tagged for nine months, meaning he's confined to his home between 7pm and 7am each day. Sentence on Dunsmore, who is in custody on other matters, was deferred until December.

Airdrie fan got 'buzz' from bar fight with St Johnstone rivals before Scottish Cup tie, court hears
Airdrie fan got 'buzz' from bar fight with St Johnstone rivals before Scottish Cup tie, court hears

The Courier

time05-06-2025

  • Sport
  • The Courier

Airdrie fan got 'buzz' from bar fight with St Johnstone rivals before Scottish Cup tie, court hears

A pair of thugs who helped ambush St Johnstone fans in a pub have been banned from attending football for two years. A court heard Airdrie supporter Cameron Patey got 'a buzz' out of causing trouble. Shocking video footage showed bottles being thrown into a bar in the Lanarkshire town where Saints fans had gathered before a Scottish Cup tie. Airdrie Sheriff Court heard a group of home fans confronted the Perth side's supporters and a fight spilled on to the street. Patey, 22, Ryan Lawrence, 29, and Nathan Dunsmore, 26, admitted causing a breach of the peace by fighting, shouting and swearing on January 20 last year. It happened before Airdrie beat Saints 1-0 in a fourth round tie. The trouble was linked to a message posted by a St Johnstone fan who tweeted: 'Any Airdrie supporters wanting a square go should come to the West End Bar. Bring your mates – you'll need them.' Annette Ward, prosecuting, described how the Airdrie fans ambushed their rivals at the West End Bar. She told the court CCTV caught them leaving another pub. 'They had their hoods up and their faces partially covered with scarves. 'The three accused were part of the group. 'A large group of St Johnstone fans were already inside the West End Bar. 'As soon as the Airdrie supporters arrived there was an altercation that turned into a scuffle between the two groups. 'This quickly spilled onto the street and in the course of that an individual was assaulted by two unidentified males.' The court heard a fourth Airdrie fan was seen on CCTV picking up two bottles and throwing them into the pub. He was also charged but has since died. Patey has a previous conviction which resulted in him being given a football banning order. Lawrence also has football-related previous convictions. The court heard, when asked about his role in the trouble, Patey told a social worker: 'It's an escape. It gives me a buzz.' But in court, defence lawyer Tony Linden said: 'He now describes his conduct as pathetic. His days of attending football matches and seeking out trouble are gone. 'He plans to leave the Airdrie area and has an offer of employment with a starting salary of £40,000.' Fraser McKinnon, defending Lawrence, said he accepted responsibility for his behaviour but added: 'From the CCTV, it appears his involvement was at the lower end of the scale.' Nicky Matteo, for Dunsmore, told the court: 'This happened at a time when he was drinking and taking drugs to excess.' Sheriff Joseph Hughes imposed two-year football banning orders on Patey and Lawrence, both of Airdrie. These will cover all regulated games in the UK and the pair are also banned from watching televised football in licensed premises. The sheriff said: 'I'm satisfied this offence was related to the football match that day. 'It matters not if it happened before the game started. 'It is appropriate to impose these banning orders to prevent violence or disorder at, or in connection with, football matches.' Patey was also warned he must behave himself over the next nine months while Lawrence will be under supervision for two years and electronically tagged for nine months, meaning he's confined to his home between 7pm and 7am each day. Sentence on Dunsmore, who is in custody on other matters, was deferred until December.

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