N.B. watchdog calls for independent review of Rowley man's death

New Brunswick's ombudis calling for an independent review after a man's family says he screamed out in pain in hospital and later died following the dissection of his main heart artery that was initially misdiagnosed as back pain.

The widow of Greg Garnettsaid she was told at first that his condition was "nothing serious" buta CT scan taken five hours after a911 callshowed he hadaortic dissection.

The 52-year-old from Rowley had emergency surgery but passed away five weeks later, in June 2017, from complications.

"Anybody could see themselves in that situation," OmbudCharles Murray told CBC News.

"It speaks to what I feel is a real gap in our present system, which is there isn't anyone who can provide an independent oversight of a situation like that."

N.B. ombudsman reacts to Garnett case

6 years ago

Duration 0:59

The New Brunswick Ombudsman, Charles Murray, talks about the Garnett's case.

An aortic dissection happens whenthe inner lining of the aorta tears, sending blood flooding between the inner and middle layers of the blood vessel andcausing the layersto separateor dissect. Ifthe outer wall of the aorta ruptures as well, it becomes even more serious.

Thedissection causes asharp, searing pain in the chest and the neck.

Family seeks answers

A year later, Cathy Garnettis still looking for answers about her husband's treatment by paramedics and emergency room staff at Saint John Regional Hospital before theaortic dissection was found.

She told CBCaparamedic kicked her husband in the foot while answering the call. Once Garnett was admitted to hospital, the widow said her husband writhed and sometimes screamed out in pain, prompting a nurse to come into the room and askthe family to "shut him up."

Murray said that while there are risk managers in hospitals and the option to start a lawsuit, families like Garnett are left with few options.

"For a family in this situation, they are left with an awful lot of questions and an awful lot of doubts and that really take a toll on you."

Murray said aspects of the widow's story, including care decisions, were concerning to him.

"Obviously, the timeline is the thing as a non-medical person I would probably be the most able to say I can see that there's a problem therebecause we have established timelines for service delivery in a number of these cases and we can compare them to those established timelines."

Murray said his office can't look into such cases because it deals with patient care, something for which he doesn't have a legal mandate.

Few options

People can make a complaint to the College of Physicians and Surgeons if they feel there was malpractice, or they can sue, said the watchdog. However, Murraysaid a lawsuit can be long and costly due to a groupcalled the CanadianMedical Protection Association.

"They have a very vigorousteam of lawyers who will provide a very strong defence," said Murray, adding anyone who is considering a lawsuit may be in for a protracted struggle that could have a significant emotional and financial cost.

No response

CathyGarnetttold CBCshe was unable to get answers about her husband's treatment prior to the discovery of the aortic dissection. Neither Horizon Health Network or Ambulance New Brunswick would speak to CBCabout the case, citing privacy issues. Murray was critical of the official response.

"There is a problem throughout government with a citation about privacy ... for avoiding talking about things when in fact the interest being protected is not the privacy of the individual but the interest of the government department."

When asked if there was any wayHorizon Health Network or Ambulance New Brunswick could be held accountable for what happened to Garnett, Murray saidthe only way was through the courts.

"We don't correct errors through a collaborative system, we're forcing people into an adversarialprocess," he said.

Murray suggestedthere should be a willingness to allow families to get answers or even hear an apology without admitting liability. But he added an independentreview would go much further in helping matters.