Mother seeks ruling on son's hospital care
Allisdair Leishman stabbed himself in the heart
at Stanton in 2009
Shane Magee
Northern News Services
Monday, December 21, 2015
SOMBA K'E/YELLOWKNIFE
The mother of a man who stabbed himself in the heart six years ago at Stanton Territorial Hospital was in NWT Supreme Court on Tuesday seeking an internal report and asking a judge to rule on whether the facility is responsible for the injury.
Faith Embleton, left, and Margaret Leishman after a court appearance regarding Leishman's lawsuit alleging Stanton Territorial Hospital failed to properly deal with her son Allisdair Leishman in 2009. - Shane Magee/NNSL photo |
Margaret Leishman's lawsuit alleges malpractice by the hospital and its staff on Nov. 4, 2009. That day her son Allisdair Leishman, now 42, had been wandering outside without proper clothing and was brought to the hospital. He then left the facility and, according to his mother, returned shortly after, ending up in the unlocked cafeteria kitchen where he used a knife to stab himself in the heart. His life was saved by doctors but his brain, deprived of oxygen, suffered lasting damage. He has been in Stanton's extended care unit since, after a brief stint in Edmonton, and is unable to speak.
The case revolves around whether the hospital should be held responsible for what happened because it was ill-prepared and did not do enough to stop him from hurting himself, Leishman said.
"I further believe it is in the best interest that it be dealt with in a manner that gives assurance to all who have heard about this that it will never happen again," Leishman told Justice Karan Shaner.
The relatively short hearing saw two lawyers representing the hospital and four doctors involved in the treatment that saved Allisdair Leishman's life.
Both lawyers said the judge must dismiss the case, which they said was "tragic," because of a lack of evidence from Leishman.
They cited a report by Dr. Douglas Perry who carried out a review of the incident for the GNWT.
The actions of staff that day "were exactly to the standard of care expected of them," said Jon Rossell, representing the doctors.
Mark Raven-Jackson, who represented Stanton, pointed to a review of the case, hospital procedures and polices by Dr. Brian Goldman from Toronto. Goldman, according to Raven-Jackson, reported everything happened as would be expected in other emergency rooms.
Leishman, who could not afford a lawyer, said she was at a disadvantage compared to the those she was suing.
She applied for a legal aid lawyer but that application was denied, she said.
"I've just been doing research on my own," she said. The only person with her in court was her friend Faith Embleton, who sat beside her offering support.
In response to the expert evidence presented by the lawyers, she read a three-page written statement mainly outlining the circumstances around what happened.
"I believe that when my son entered the ambulance in the state that he was in, he became the responsibility of the Stanton Territorial Hospital," she said. "He should have been kept safe. They knew his mental condition but neglected to deal with it adequately."
Leishman also asked for that report to be provided to her, although the NWT's Evidence Act forbids disclosure, even to a family member.
Shaner said she would issue a written decision "shortly" on the case.
