Patient who had leg amputated files lawsuit accusing Thompson doctor of negligence

A patient who went to the hospital in Thompson, Man., for urgent care to his leg is suing the doctor who treated him, after medical problems led to the patient's leg being amputated. 

The patient, a now 43-year-old man who lives in Thompson, went to the general hospital in the northern Manitoba city on April 17, 2023, for care because of throbbing pain in the calf area of his right leg, according to a lawsuit filed with Manitoba Court of King's Bench earlier this month.

A few days before going to the Thompson hospital, he had been treated for the problem at a Winnipeg hospital. He was prescribed medication and instructed to return for emergency care if his symptoms worsened, or if he had chest pain or shortness of breath, the lawsuit says.

The man has a medical history of hypertension and coronary artery disease, among other issues, his statement of claim says.

When he went to the Thompson hospital, the doctor named in the suit diagnosed him with pain in his leg related to deep vein thrombosis, which is linked to a blood clot, and sent him home with instructions to regularly take an anticoagulant medication called apixaban, according to the statement of claim.

The next day, the plaintiff sought care at a clinic and at the Thompson hospital again for leg pain, the claim says, noting he was walking with a limp. The suit says the doctor at the hospital again sent him home with instructions to take apixaban regularly.

Persistent pain

On April 23, six days after the diagnosis at the Thompson hospital, the man went back to the hospital due to persistent pain in his leg, the court document says. 

His right leg was cold compared to the left side, and no lower leg/foot pulses could be felt, according to the statement of claim.

Further testing found the patient had a blockage in the blood flow through an artery in his leg, the lawsuit says.

He was then transferred by air to the Health Sciences Centre in Winnipeg, where he was admitted under the care of a vascular surgeon. 

For the next month, the plaintiff underwent unsuccessful medical procedures to restore blood flow to his right leg, which finally required surgical amputation, the statement of claim says.

Martin Pollock, the plaintiff's lawyer, told CBC News the man "obviously … was very upset about losing a leg that he didn't believe he had to lose."

"The allegation is that there's a breach in the standard of care that caused, or materially contributed to, the loss of the limb," said Pollock.

The lawsuit alleges the Thompson doctor failed to take a proper history of the patient, and to use critical thinking or advocate for the patient.

It also accuses the doctor of failing to conduct diagnostic imaging on the two different days that he saw the patient before the man was urgently flown to Winnipeg for care. The claim also alleges the doctor failed to seek consultation with a specialist.

The Thompson doctor was negligent in discharging the man "when he knew or ought to have known that the signs and symptoms were consistent with an embolism," the court document says, referring to a blockage of a blood vessel.

Suffered mental anguish, loss of income: suit

The lawsuit seeks a range of costs and damages, such as loss of income, and past and future cost of care.

It says the plaintiff, a journeyman carpenter, has not been able to perform his work duties, and his earning capacity has been downgraded.

In addition to the loss of his right leg, the lawsuit says he has suffered mobility loss, soreness, and "mental anguish and damage to self-esteem and body image."

The allegations have not been tested in court and the doctor has not filed a statement of defence.  

CBC reached out to the doctor at Thompson hospital but did not get a response prior to publication.

The Northern Health Region, the health authority that includes Thompson, declined comment, saying it cannot comment as the matter is before the courts.