Family claims ‘duty of care’ was breached by hospital, doctor
A civil hearing at the Court of King’s Bench in Woodstock on Dec. 6 will determine the next steps in a lawsuit launched against a doctor at the Upper River Valley Hospital (URVH) in Waterville, Horizon Health, and the River Valley Health Corporation.
The lawsuit was launched following the death of Leonard Black, 49, of Newburg, who committed suicide on May 21, 2018, by driving at breakneck speed over a steep embankment on Route 105, hitting a gravel screen before plunging his truck into the river where he drowned.
A hearing was held at the Court of King’s Bench on Aug. 19, attended by a large group of people connected to the case. Legal documents filed with the court reveal the details of the civil action first filed in 2020, two years after Black’s death.
On May 18, 2018, Black was treated at URVH emergency department at 2:54 a.m. for symptoms of anxiety and mental depression. He was prescribed antidepressant and anti-anxiety medication and sent home.
Three days later, Black was taken back to the hospital by his wife around 5:30 a.m. and was sent home again by the attending physician (Dr. Alaa Al-Sharief) with three sleeping pills.
Around 2 p.m., as his wife prepared to take him back to the URVH, Black grabbed his keys and drove his truck through their garage door. He headed onto Route 105 at high speed and, about 30 minutes later, drove over a 20-foot embankment into the river.
In court documents, the plaintiffs, Melanie Acott and Tammy Black, claim he should not have been discharged from the hospital due to his mental state. They claim the hospital was negligent and breached its duty of care, which “led to the untimely death of Leonard Black.”
Melanie Acott is the daughter of the deceased. She arrived at the Black home just as her father drove through the garage door and sped away. She followed and watched as he ran his truck into a gravel pit and then off the highway over a vertical slope into the river.
“Driving recklessly and at breakneck speeds was completely out of character for Leonard Black,” her statement of claim reads.
Tammy Black is his widow. She took her husband to the URVH on both dates, fearing he was having a nervous breakdown. She argues Black should have been sent by ambulance to Fredericton for “necessary investigation.”
Both plaintiffs claim Black needed a more comprehensive diagnosis, testing and treatment for suicidal ideation.
They are suing Dr. Alaa Al-Sharief for “failing to meet the standard of care by not conducting a full and proper risk assessment on Mr. Black.”
Tammy Black also claims the hospital should have better protocols for dealing with patients in an emergency who are exhibiting signs of mental illness and may be at risk. She also argues that the emergency room should be adequately staffed on weekends to provide better patient care.
In a statement of defence, Dr. Al-Sharief denies the allegations, stating Black was diagnosed with depression, given medication and told to follow up with his family physician. Dr. Sharief said Black was not suffering from hallucinations or suicidal ideation during his examination in the early morning hours of May 21, 2018.
Dr. Al-Sharief ordered a CT scan and offered to admit Black to the hospital until the test was completed. The doctor says Black and his wife both declined. They said Black was going home to rest.
The couple was instructed to return to the hospital later that same morning for the CT scan and, if appropriate, consult a psychiatrist. Dr. Al-Sharief argues discharging Black in the care of a reliable adult (his wife) was reasonable and that approved medical practice was used in treating him.
Horizon Health and the River Valley Health Corporation also deny the allegations and put the onus on Black’s wife for taking him home from the hospital.
“If there is any liability attached to the untimely death of Leonard Black, it must rest on Tammy Black who chose to take Leonard Black home from the hospital and did not return on the morning of May 21, 2018, to have tests and possible consults, as directed by the co-defendant physician,” the legal documents states.
The plaintiffs are suing for loss and damages arising out of Black’s death, which left Tammy Black, a widow with a young child at the time. Melanie Acott also claims pain and suffering from the trauma caused by witnessing her father’s suicide.
In addition, Tammy Black named Dr. Sen Yan in the civil suit, the pathologist who performed the autopsy but did not examine the brain of the deceased while determining the cause of death.
All defendants deny that the plaintiffs are entitled to any damages and intend to ask for the lawsuit to be dismissed with costs when they return to court on Dec. 6.
A motion to amend the claim from Melanie Acott will also be made at that time.
Fredericton lawyer Erica Brown is representing the family in the case.
Dr. Al-Sharief is being defended by Cynthia Benson from the law firm of Stewart McKelvey in Saint John.
Horizon Health and the River Valley Health Corporation are represented by David T. Hashey, Q.C., from the law firm of Cox and Palmer in Fredericton.
