Manitoba man sues health authorities for failing to provide timely care: lawsuit

Assembly of First Nations Manitoba Regional Chief Willie Moore, left to right, Assembly of Manitoba Chiefs acting Grand Chief Betsy Kennedy, Manitoba Keewatinowi Okimakanak Grand Chief Garrison Settee and Justin Flett take part in a press conference in Winnipeg, Tuesday, Jan. 14, 2025. THE CANADIAN PRESS/Brittany Hobson

WINNIPEG — A Cree man has filed a lawsuit against two Manitoba health authorities alleging he did not receive timely medical care and was accused of nursing a hangover.

Justin Flett spent days in multiple hospitals and travelled more than 600 kilometres to get treated for acute appendicitis in January 2023.

Flett filed a lawsuit last month in the Manitoba Court of King’s Bench against multiple health authorities and the physician who initially treated him, saying his pleas of severe abdominal pain were ignored.

“They left him to suffer in agony, and denied or delayed the urgent care, assessment and treatment that he required,” the statement of claim alleges.

“As a result, his appendix ruptured, an aggressive infection spread within his abdomen and his life was unnecessarily placed in peril. He now suffers serious ongoing complications and injuries as a result.”

The allegations have not been tested in court.

Statements of defence have yet to be filed. Both health authorities declined to comment because the matter is before the courts. The northern health authority said it would not confirm whether the doctor is still employed at the hospital.

Flett, 46, is a Cree father of six from the Tataskweyak Cree Nation in northern Manitoba. He lives in Winnipeg but at the time of the events was visiting his elderly mother in The Pas.

On the evening of Jan. 14, 2023, Flett experienced a sudden onset of sharp abdominal pain and nausea, said the statement of claim. He went to the emergency room at St. Anthony’s General Hospital early the next morning after the pain worsened through the night.

Despite telling the triage nurse he could not sit, stand or move around, Flett was assigned as a non-urgent, low-priority case and was given anti-nausea medication, the suit claims.

When he was finally seen, he told the doctor he was in severe pain.

“(The doctor) lightly pressed on the area where Mr. Flett said he was feeling pain and stated, ‘I don’t know what to tell you, we don’t treat you here for hangovers,’ or words to that effect,” the lawsuit alleges.

Flett told the doctor he wasn’t hung over.

It said the doctor did not conduct further examinations or tests and claimed the doctor did not take the complaints seriously because he “falsely assumed that (Flett’s) injuries were due to having been intoxicated.”

Flett was discharged and booked a bus ticket to Winnipeg to try and receive help elsewhere. The claim said he spent nearly 12 hours lying in pain on the floor at the back of the bus.

When he arrived in Winnipeg, he called an ambulance but was told by 911 operators that it would take too long and ended up taking a taxi to Seven Oaks General Hospital. There, Flett was triaged and told to wait until he managed to flag down a doctor, who confirmed Flett was suffering from acute appendicitis and would require immediate surgery.

Because of the delays, Flett’s appendix ruptured before he was transferred for surgery, the lawsuit alleges. It says since this occurred, Flett has been hospitalized, developed the onset of a chronic bowel condition, is unable to continue his job as a construction contractor, and experienced a loss of income and emotional distress.

First Nations leaders say they remained concerned about systemic discrimination in the health system.

“No one should have to fear for their life because of the colour of their skin or their place of residence,” said Betsy Kennedy, acting grand chief of the Assembly of Manitoba Chiefs. “Every person deserves equitable, compassionate and timely health care.”

This report by The Canadian Press was first published Jan. 14, 2025