Toronto father of 4 wins years-long lawsuit against GTA doctor ruled to have caused wife's 'untimely' death

A Toronto area doctor has been found liable for the “untimely” death of a 34-year-old mother who showed up at a Brampton emergency room complaining of severe pain, but was discharged before a tangle in her lower intestines could be discovered.

A Toronto area doctor has been found liable for the “untimely” death of a 34-year-old mother who showed up at a Brampton emergency room complaining of severe pain, but was discharged before a tangle in her lower intestines could be discovered.

Elisha Shaw checked into the emergency department at Brampton Civic Hospital late in the evening of Nov. 16, 2015.

She was complaining of severe abdominal pain at the time. The emergency physician ordered a number of tests, including a CT scan, but Shaw was ultimately discharged from the hospital less than 12 hours later with instructions to obtain an appointment with her bariatric surgeon and a prescription for abdominal cramps.

Shaw died two weeks later, at Humber River Hospital, on Nov. 25, 2015.

In an Ontario Superior Court of Justice decision published last week, Justice (JP) William Lemay found the death of Shaw could be pinpointed to the decision to discharge her before it was found she had an internal hernia – despite her exhibiting, at times, “unmanageable” pain.

Shaw’s former husband Merton Thompson and their four children, listed as co-plaintiffs in the suit, were awarded at least $493,000 in damages plus additional damages for loss of income and household contributions, which are still to be determined by the court.

When reached for comment on the decision, William Osler Health System, which oversees Brampton Civic, extended its “sincere condolences for the families’ loss,” but out of “respect for confidentiality and privacy,” said it could not provide further statement.