Russell v. Calgary General, 2004 ABQB 102

• Judge: Rowbotham, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 29, 2004
• Citations: 2004 ABQB 102;(2004), 352 A.R. 168 (QB)

Russell v. Calgary General (2004), 352 A.R. 168 (QB)

MLB headnote and full text

Temp. Cite: [2004] A.R. TBEd. MR.044

Bertha Russell, Crystal Russell, Allan Russell and Derrick Russell (plaintiffs) v. Calgary General Hospital - Bow Valley Centre, Calgary Regional Health Authority, Dr. John King, "John Does 1-4" and "Jane Does 1-8" (defendants)

(9801-03602; 2004 ABQB 102)

Indexed As: Russell v. Calgary General Hospital - Bow Valley Centre et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Rowbotham, J.

February 20, 2004.

Summary:

A 24 year old man was treated for a drug overdose and discharged two hours later. Eight hours later, the man was found dead on a park bench near the hospital, having died in freezing temperatures following a drug overdose from morphine taken after his discharge. The man's mother and siblings brought a claim for damages under the Fatal Accidents Act against the hospital, treating emergency room doctor and others, alleging negligence.

The Alberta Court of Queen's Bench dismissed the action.

Medicine - Topic 4252.4

Liability of practitioners - Negligence - Emergency room treatment - A 24 year old man suffering from a drug overdose was appropriately treated with naloxone in the hospital emergency department - He was held for observation - Two hours later, when the man was alert, oriented and ambulatory, he was discharged - Later that day, the man died in freezing temperatures after overdosing on morphine taken after his discharge - The man's family claimed damages under the Fatal Accidents Act, submitting that the emergency room doctor and hospital were negligent - The Alberta Court of Queen's Bench dismissed the claim - The court accepted expert medical evidence that a patient who was alert, oriented and ambulatory one hour after the administration of naloxone to treat a drug overdose could be safely discharged - There was no medical justification for detaining the man further after he recovered - The doctor had no obligation to search him to find and confiscate possible drugs - There was also no justification for the doctor detaining him against his will under the Mental Health Act.

Medicine - Topic 4252.8

Liability of practitioners - Negligence - Drug overdose treatment - [See Medicine - Topic 4252.4 ].

Medicine - Topic 4255.3

Liability of practitioners - Negligence - Discharge of patient - [See Medicine - Topic 4252.4 ].

Cases Noticed:

Child and Family Services of Winnipeg Northwest Area v. D.F.G. (1996), 113 Man.R.(2d) 3; 131 W.A.C. 3 (C.A.), affd. [1997] 3 S.C.R. 925; 219 N.R. 241; 121 Man.R.(2d) 241; 158 W.A.C. 241, refd to. [para. 49].

M. v. Alberta (1985), 63 A.R. 14 (Q.B.), refd to. [para. 50].

E.W. v. Alberta Hospital (Edmonton) (1999), 249 A.R. 122 (Q.B.), refd to. [para. 50].

Neuzen v. Korn, [1995] 3 S.C.R. 674; 188 N.R. 161; 64 B.C.A.C. 241; 105 W.A.C. 241, refd to. [para. 57].

Statutes Noticed:

Mental Health Act, R.S.A. 2000, c. M-13, sect. 1(f), sect. 2 [para. 45].

Counsel:

C.R. Suntjens and K. Medora (Litwiniuk & Co.), for the plaintiffs;

D.T. Gallagher and K. Drozdowski (Bennett Jones LLP), for the defendant, John King.

This action was heard between January 19 and 29, 2004, before Rowbotham, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on February 29, 2004.