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A seriously ill man earned almost $ 900,000 in damages after suing a doctor who prescribed a drug that caused him significant long-term complications.
Jeffrey Baglot brought the lawsuit after a potent anti-inflammatory drug was prescribed to him at the Abbotsford Regional Hospital (ARH) by Dr. Clasina Fourie at the same time. an outbreak of Crohn's disease in 2011, causing a large ulcer that eventually perforated and required surgery.
Baglot said that as a result of this error, he had found himself with scar tissue, chronic pain requiring high doses of opioids, increased fatigue and exacerbation of his health problems. .
As a result, he stated that he developed severe depression, post-traumatic stress disorder and "visceral hypersensitivity".
"He is totally disabled, suffers constantly, is homebound and isolated," said Judge Diane MacDonald in her January 31 decision in British Columbia. Supreme Court in Vancouver.
"He's not the same man he was before he was hospitalized and he certainly can not work."
Fourie admitted the prescription error and stated that Baglot was entitled to damages resulting from perforated ulceration, surgery and hospitalization. The key question during the trial was whether she was responsible for her lasting injuries.
Baglot was 26 years old at the time of his admission to ARH on July 22, 2011. The court heard that he was suffering from severe abdominal pain and that he was feeling sick and weakened.
Fourie, a general practitioner, was the chief physician responsible for Baglot during his stay. He started taking ketorolac after Fourie had prescribed it by July 23rd.
A July 29 scan revealed no evidence of a perforated ulcer or abscess, the court said.
Baglot's condition worsened to the point where he could no longer walk and he was transferred to the Royal Columbian Hospital on August 2nd.
There, the doctors discovered a perforated ulcer on his small intestine and a surgical operation was performed.
Baglot then suffered two "bleeding", one on August 6 and the other, more serious, August 29, when he was transferred to the intensive care unit.
Baglot testified that he had undergone several blood transfusions and that he had lost consciousness. He said his body was closing and he thought he was going to die.
This caused him significant trauma and ongoing psychological stress, he said.
Baglot remained in the intensive care unit for a few days and was released on September 12, after a 53-day hospitalization.
He and other people who know him – including his mother – said that he's never been the same since this hospital stay.
"He suffers a lot, depends on opioids, is depressed and struggles to keep weight," said the judge.
"He has lost friends, is isolated, has difficulty managing his time and can not cope with the changes."
Fourie argued that the perforated ulcer was an isolated incident and that Baglot would be in his current condition, regardless of the injury.
But MacDonald referred to the testimony of several medical experts – including a gastroenterologist at the University of California – in concluding that Fourie was responsible for Baglot's persistent physical and emotional problems.
She awarded Baglot a total of 888,000 USD – 146,000 USD in non-pecuniary damages, a previous salary loss of 63,000 USD, a loss of future earning capacity, a 54,000 USD trust for her mother and future care costs of $ 185,000.
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