Lawsuit alleges racial discrimination led to 'utter lack of care' at clinic, hospitals

A woman is suing two city hospitals, the Winnipeg Regional Health Authority (WRHA) and staff at a Winnipeg medical clinic, alleging racial discrimination led to a misdiagnosis of back pain that turned out to be a serious spine infection requiring part of her spine to be removed.

In a statement of claim filed with the Court of Queen's Bench on Jan. 11, Aggie Shirley Hill says the Grace Hospital, the Health Sciences Centre, the WRHA as well as Dr. Stewart Silagy and two of his colleagues at Westwood Medical Clinic are vicariously liable for not properly diagnosing and treating the infection over several months in 2016 and 2017.

In the court documents, Hill says she was discriminated against by medical officials because of her Indigenous heritage, which led them to brush off her concerns despite her multiple visits.

"Each of them was negligent and failed to use reasonable care, skill and diligence in the treatment, attendance and advice which they provided," reads the statement of claim.

"The Plaintiff states further that the Defendants were discriminatory to the Plaintiff as a result of her [I]ndigenous heritage and a discriminatory mindset and bias against [I]ndigenous people."

Dr. Silagy wouldn't comment on the suit, citing patient confidentiality, and Hill didn't respond to a request for comment made through her lawyer.

The WRHA also declined to comment while the case is before the court.

"We will be responding to the allegations through the judicial process," said a WRHA spokesperson in an email.

Lower back pain

According to the suit, Hill first went to see Silagy at Westwood Medical Clinic in the fall of 2016 with complaints about lower back pain.

Those complaints were dismissed by Silagy as pulled muscles and no further tests, referral, investigations or diagnosis were made, according to the suit. Hill says she returned to Silagy's office several times that fall with the same results.

By mid-January 2017, Hill says the back pain worsened, causing "significant pain and weakness," which ledto a fall that broke Hill'sright wrist.

She was recovering from surgery on the wrist when she had to call 911 the pain in her lower back began radiating down her leg when she moved. She was taken to the Grace where she was examined and discharged "without proper diagnosis or further referral, medication, testing, treatment observation or otherwise," according to the suit.

The trip to Grace Hospital's emergency room was the first of six Hill says she made over the next month because of pain in her back. She also visited Silagy's office again and went to the Health Sciences Centre because she says the back pain was causing anxiety, lightheadedness, despair, fainting and numbness down her leg.

She says none of the medical professionals she saw properly diagnosed her until she returned to the Grace emergency room Feb. 24 whenthe back pain had left her barely able to walk. She was bleeding from the bowel.

This time Hill was given a CT scan something she says she had asked for during previous visits.

'Utter lack of care'

While she waited for the results of the CT scan Hill says she left the hospital and went to a hotel, planning to end her own life.

"She could no longer tolerate the excruciating pain," reads the statement of claim.

But staff at the hospital had called police when they noticed she was missing, and officers found her in time.

When she returned to the Grace, Hill was diagnosed with a serious infection in her spine and underwent a dangerous surgery to remove two inches of her spine.

Hill says she suffered loss and damage because of the delay in proper diagnosis and treatment including permanent disability, lost wages, mental anguish anddespair.

In the statement of claim, Hill asks for special damages to cover the costs of future care and punitive damages "as a result of discrimination and utter lack of care."

Neither Silagynor the WRHA have filed statements of defence in the case.