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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Locals aim to establish British Columbia Backcountry Hunters and Anglers Cariboo table

An information pint night is being held in 100 Mile House on Feb. 26

100 Mile woman arrested after dramatic incident in Ashcroft

Diane Carol Priester allegedly rammed police cruiser in attempt to evade capture

Would you support a heavy fuel ban in the Arctic?

The weekly web poll for the 100 Mile Free Press

100 Mile Wranglers register 22nd win of season

The Wranglers beat the North Okanagan Knights 3-1

VIDEO: 7 things you need to know about the 2020 B.C. budget

Surplus of $227 million with big spending on infrastructure and capital projects

Trees Cannabis director fined $1.5M for selling marijuana

Fine follows provincial crackdown on popular dispensary

World Cup skier from Okanagan dies suddenly at 19

Kuroda, who made his World Cup debut earlier this year, passed away suddenly Monday night.

Coastal GasLink pipeline investor committed to closing deal despite protests

Developer TC Energy Corp. — formerly TransCanada Corp. — is to remain the operator of the $6.6-billion pipeline

New highway proposed between Alberta and B.C.

The route would connect Red Deer to Kamloops

What’s in a name? The story of Revelstoke’s Mt. Begbie

It’s likely the iconic peak had several Indigenous peoples’ names before settlers arrived

Budget 2020: B.C. Liberals blast ‘Netflix tax,’ lack of economic plan

ICBC rates still go up, except in election year, Shirley Bond says

Maggie and Tim: A residential school survivor and her son who died on B.C. streets

Part one of a two-part series on a young man’s tragic death and his mother’s survival through hardship

Teen snowmobiler from Kelowna found after air force’s overnight search

The teen had been missing since just after 6 p.m. on Monday

Most Read