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Woman launches lawsuit against London, Ont., hospital after daughter's brain injury

Woman launches lawsuit against London, Ont., hospital after daughter's brain injury

CBC
Friday, March 22, 2024 08:23:53 AM UTC

WARNING: This story contains distressing details and discussion of suicide and suicide ideation.

A woman who says her adult daughter was left in a vegetative state following an attempt to take her own life in 2021 is suing a London, Ont., hospital that had been caring for her.

Karen Elliott alleges staff at London Health Science Centre's (LHSC) Victoria Hospital failed to properly supervise and ensure her daughter Elysse's safety after she outlined plans on multiple occasions that she wanted to end her life. 

Elysse, now 35, suffered a global anoxic brain injury — she has lost all mobility and cognitive ability and requires a surgically created hole in her windpipe to breathe, according to a statement of claim filed in London's Court of Justice on Dec. 11.

"This was completely avoidable," Elliott told CBC News.

"They had all the indicators and staff weren't there when they should have been," she said, adding their concern "just wasn't high enough." 

LHSC declined to comment on the case as it's before the courts, but said in an email to CBC that "patient-centred care, compassion and privacy is at the forefront of our core values." 

None of the allegations in Elliott's claim have been proven in court.

The claim includes 27 defendants, such as psychiatrists and registered nurses, a therapeutic recreation specialist, and a patients' rights adviser at Victoria Hospital. According to the lawsuit, on several occasions, Elysse described to them how she planned to harm herself and despite that, items including a raised hospital bed and bed sheets were left in the room.

Court documents said the defendants "failed to provide a ligature-free bed to Elysse and provided her with use of a height-adjustable bed without a lockout feature that would prevent patient use."

"They permitted her to have access to bed sheets, curtains and other objects she could use to cause self-harm and failed to ensure Elysse's safety checks were performed properly." 

According to the statement of claim, Elysse was brought by ambulance to the emergency department on Nov. 22, 2021, after engaging in self-harm. Her wounds were treated by a nurse practitioner and she was discharged shortly after without getting a psychiatric assessment, it says. 

The next day, she returned to the hospital and reported increased anxiety, difficulties coping and suicide ideation, after which she was admitted to the psychiatric in-patient department and a doctor ordered regular safety checks. 

On Nov. 25, a psychiatrist signed a form of involuntary admission because he believed Elysse could seriously harm herself. It was set to expire on Dec. 8 but another psychiatrist extended her stay until Jan. 7, 2022, following further assessments.

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