Case continues for mother claiming hospital negligence
Lawyers for hospital, doctors, arguing for case to be dismissed
Shane Magee
Northern News Services
Wednesday, March 23, 2016
SOMBA K'E/YELLOWKNIFE
A lawsuit launched by a mother claiming negligence by Stanton Territorial Hospital seven years ago continues with both sides filing more paperwork in support of their sides, a review of the case file shows.
Faith Embleton, left, and Margaret Leishman after a court appearance Tuesday regarding Margaret's lawsuit alleging Stanton Territorial Hospital failed to properly deal with her son Allisdair Leishman in 2009. - Shane Magee/NNSL photo |
Margaret Leishman was in NWT Supreme Court in December arguing for her case to continue against the hospital and several doctors who had treated her son Allisdair Leishman when he stabbed himself in the heart with a knife in the cafeteria kitchen in November 2009.
Lawyers for the hospital and doctors had sought for Justice Karan Shaner to have the case dismissed for lack of evidence.
Since Yellowknifer reported on that hearing, the judge has requested additional documents from the defendants, which prompted another response from Leishman as recently as Friday.
She was in the city that day working on the documents, including a list of exhibits, with her friend Faith Embelton at the woman's 52 Avenue bed and breakfast. It's where Leishman stays when coming to the city from her home in Kakisa.
"I wanted some time to put the affidavit together - kind of a rebuttal to what the lawyers had filed in court. So with the help of my friend, we're doing that and we just filed it in court today," she told Yellowknifer.
A message left for a lawyer representing Stanton was not returned. In the most recent documents filed in support of the hospital's side is a statement from Keith Carter, the current manager of medical services with Stanton Territorial Health Authority. It says to his knowledge there was no metal cutlery, such as a steak knife, available to the public in November 2009. As well, it says the cafeteria's kitchen door was kept closed but not locked.
The file states lawyers representing the health authority and the doctors continue to argue that Leishman has not presented any evidence, such as providing proof the hospital had a duty to prevent patient access to the kitchen.
"Stanton has placed their best foot forward to bring a complete evidentiary record before the court," the documents filed in early March in support of the hospital state. "The plaintiffs have failed to respond with any objective evidence in response, and the court is entitled to assume that the record contains all the evidence which the parties will present if there was a trial. As such, this action can be dismissed in its entirety."
The defendants are also asking the judge to order Leishman to pay court costs upon dismissal.
Leishman has repeatedly said she feels at a disadvantage because she cannot afford legal representation and has been denied a legal aid lawyer.
Another court date has yet to be set.
