B.C. Supreme Court in Vancouver. (Photo: Tom Zytaruk).

Man wins $888,000 from B.C. doctor for medication error that left him ‘totally disabled’

‘He is not the same man he was before his hospitalization,’ judge says

A man with a serious medical condition has won almost $900,000 in damages after suing a doctor who prescribed a medication that caused him significant long-term complications.

Jeffrey Baglot initiated the lawsuit after a powerful anti-inflammatory drug prescribed to him at Abbotsford Regional Hospital (ARH) by Dr. Clasina Fourie during a flareup of his Crohn’s disease in 2011 caused a large ulcer that eventually perforated and required surgery to be repaired.

Baglot stated that as a result of the error, he was left with scar tissue, chronic pain requiring high doses of opioids, increased fatigue and an exacerbation of his health problems.

Consequently, he said he developed severe depression, post-traumatic stress disorder and “visceral hypersensitivity.”

“He is totally disabled, in constant pain, housebound and isolated,” said Justice Diane MacDonald in her ruling Jan. 31 in B.C. Supreme Court in Vancouver.

“He is not the same man he was before his hospitalization and he certainly cannot work.”

Fourie admitted the prescription error, and said that Baglot was entitled to damages resulting from the perforated ulcer, surgery and hospitalization. The key issue during the trial was whether she was responsible for his lasting injuries.

Baglot was 26 at the time of his admission to ARH in July 22, 2011. The court heard that he was in severe abdominal pain and felt sick and weak.

Fourie, a general practitioner, was the doctor primarily responsible for Baglot during his stay. He began taking the drug ketorolac after Fourie prescribed it to him starting on July 23.

ALSO SEE: B.C. woman says unneeded dental work ‘dramatically altered’ her life, judge disagrees

A CT scan on July 29 showed no evidence of a perforated ulcer or abscess, the court heard.

Baglot’s condition worsened to the point where he could not walk, and he was transferred to Royal Columbian Hospital on Aug. 2.

There, doctors discovered a perforated ulcer on his small intestine, and surgery was performed.

Baglot then suffered two “bleeds” – one on Aug. 6 and the second, more serious, one on Aug. 29, at which time he was transferred to the intensive care unit (ICU).

Baglot testified that he had several blood transfusions and was in and out of consciousness. He said his body was shutting down, and he thought he was going to die.

This caused him significant trauma and ongoing psychological stress, he testified.

Baglot remained in the ICU for a few days and was discharged on Sept. 12, after a 53-day hospital stay.

He and others who know him – including his mother – testified that he has never been the same since that hospital stay.

“He is largely in pain, dependent on opioids, depressed and struggles to keep on weight,” the judge’s ruling state.

“He has lost friends, is isolated, has problems managing his time, and cannot deal with change.”

Fourie argued that the perforated ulcer was an isolated incident and that Baglot would be in his current condition regardless of the injury.

But MacDonald referenced the testimony of several medical experts – including a gastroenterologist from the University of California – in arriving at her ruling that Fourie was responsible for Baglot’s ongoing physical and emotional issues.

She awarded Baglot a total of $888,000 – $146,000 in non-pecuniary damages, $63,000 in past wage loss, $440,000 in loss of future earning capacity, $54,000 in trust for his mother, and $185,000 in costs of future care.

Just Posted

RCMP urges community to report crimes as theft from vehicles continues

Ladysmith RCMP confirmed a group of teens were seen trying to break into a vehicle on Thetis drive

Nanaimo-Vancouver ferry sets sail again after delay

B.C. Ferries says Queen of Oak Bay was held in dock earlier due to staffing issues

Graveyard shift being axed at Chemainus sawmill

Western Forest Products move comes on the heels of current union contract’s expiration

LRCA low-income housing project ‘months away’ from on-site work

The project will provide 36 units for three main groups: seniors, families, and disabled people

Three students double recipients of major awards at Chemainus Secondary

Pachet, Ngenda and Simpson the school’s biggest honourees

10 facts about Father’s Day

Did you know that the special day for dads was first celebrated in 1910?

Bombers down B.C. Lions 33-23 in season opener

Former Lion Andrew Harris leads Winnipeg with 148 rushing yards

Northern B.C. family remembers murdered Indigenous woman with memorial walk

Still no closure for Ramona Wilson’s family 25 years later

Monkey spotted on late-night jaunt in Campbell River

Conservation officers also apparently looking for cougar in the area

B.C. university to offer mentorship program for former youth in care

Students using the provincial tuition waiver program will soon be able to form a community at KPU

Cyclists competing in one of the toughest bike races on the planet pass through Fernie

Divide riders looking strong as they finish first leg of 4160 km race

You might not know these B.C. records are public

Hired a lawyer to file a civil claim? Those are published online

B.C. bus driver loses case to get job back after texting while driving full bus

An arbitator ruled that Tim Wesman’s phone usage was a “a reckless disregard for public safety”

Revamped B.C. Lions set to battle veteran Winnipeg Blue Bombers

The Lions’ first test of the season will be a big one

Most Read