Nanaimo Regional General Hospital. NEWS BULLETIN file photo                                (Nanaimo News Bulletin file image)

Nanaimo Regional General Hospital. NEWS BULLETIN file photo (Nanaimo News Bulletin file image)

Supreme Court vindicates B.C. doctor who medicated dying woman against her son’s wishes

Health Professions Review Board’s decision deemed transparent and justifiable

The Supreme Court of B.C. has decided there will be no judicial review of a ruling regarding an end-of-life care case that happened in Nanaimo.

A man calling on a provincial health tribunal to reverse a ruling on a case involving his now-deceased mother had his application for judicial review dismissed by the Supreme Court of B.C. last week.

The case involves Thomas William Sanders’s mother, Arleane, an 80-year-old double amputee who experienced pressure ulcers, wound infections and extreme pain, and doctors including Robin Love, a palliative care physician in Nanaimo, according to court documents.

Arleane was admitted to Nanaimo Regional General Hospital multiple times between November 2014 and March 2015 according to the documents, which state that Love was one of the doctors who provided care to her during her time at NRGH.

Prior to admission to NRGH, Arleane spent months living at Nanaimo Seniors Village, where she required daily dressing changes and “often screamed in pain” and one doctor wrote that staff overmedicated her so that “she would not be a nuisance,” court documents show.

In November 2014, the son had become concerned about the side effects of pain medication his mother was taking, which included opioids. Thomas, described in court documents as a “well-intentioned” man, had become so concerned that he believed the opioids his mother was taking were causing her to experience “delirium” and that she was being over-medicated to the point where she could no longer eat or drink. It was at that point that Love was brought in to address issues of pain management and medication options, as well as conflict between the son and hospital staff, according to court documents. Arleane had granted her son permission to give or refuse consent to medical care on her behalf through a representation agreement in 2013.

By early March 2015, Arleane was admitted to NRGH following the development of a large open cavity and there was no possibility of treating it, according to court documents, which also state that Thomas refused to consent to increasing Arleane’s pain medication and disagreed with Dr. Love and hospital staff over pain management plans. Nurses at NRGH were “distressed and tearful” and found it hard to provide care because Thomas interfered with their ability to provide painkillers.

On March 6, 2015, Love, who has more than 20 years of experience, called the son and told him his mother was in extreme pain and dying and needed better pain medication to reduce her suffering. Thomas disagreed, believing that Love was not acting in Arleane’s best interests.

Thomas’s decision-making privileges were eventually taken away by Love following advice from multiple health organizations including Vancouver Island Health Authority, as well as a legal opinion. Thomas filed a complaint to College of Physicians and Surgeons of British Columbia against Love, arguing that the doctor’s actions violated the Health Care Professions Act, that end-of-life care had begun without proper consent and that he was improperly removed as his mother’s representative.

In the final days before her death, the doctor said nurses treating Arleane were “completely traumatized” and that one nurse had witnessed the woman crying for two days. Love told Thomas that his “personal ethics and morals mandated that he provide proper pain medication.”

Arleane died on March 22, 2015.

Following her death, the College of Physicians and Surgeons of B.C.’s inquiry committee conducted an investigation into Thomas’s complaint against Love. After the inquiry committee ended up dismissing the complaint in 2016, Thomas contacted the Health Professions Review Board, which determined the committee’s investigation had been adequate.

Thomas filed a application for judicial review with the Supreme Court of B.C. last year, seeking to have the review board’s decision quashed and to have the board rule that Love breached his professional obligations.

Last week, the Supreme Court dismissed the application for judicial review. In his decision, Justice Michael Brundrett noted that this case was not a “clear situation in which a physician plainly acted illegally against the wishes of a representative” and that the Health Professions Review Board’s decision was transparent and justifiable.

Although the Vancouver Island Patient Care Quality Review Board determined in 2016 that “it does not appear that the hospital had the right to revoke or override” the son’s representation agreement with his mother, the Supreme Court decision concluded that the inquiry committee was entitled to their finding that Love’s conduct was “satisfactory.”

The inquiry committee, the HPRB and the Supreme Court did not make a legal finding over the issue of consent that had been raised by the petitioner.



nicholas.pescod@nanaimobulletin.com

Like us on Facebook or follow Nicholas Pescod on Twitter

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

Just Posted

South Surrey and White Rock Chamber of Commerce. (Contributed photo)
South Surrey and White Rock Chamber of Commerce to host virtual COVID-19 town hall

Online event to include local politicians and representatives from Fraser Health, WorkSafe BC

Sept. 10, 2020 — In the photo is a W.L. McLeod student wearing a mask in a school bus, on his first day back-to-school. This year, due to COVID-19, students will have a different year than most. The President of B.C. Teachers’ Federation told Black Press Sept. 9, that she had a lot of mixed feeling about how ready the education system is for students to be coming back-to-school. Meanwhile, Libby Hart, Principal of W.L. Mcleod Elementary School in Vanderhoof said,” We know some of the families are still unsure, but most of our families have been great in connecting with us and talking to us.” Photos continued on Page 7. (Aman Parhar/Omineca Express)
‘Significant’ changes coming to Fraser Health school exposure notices, says Surrey superintendent

Jordan Tinney tweeted that there will be 3 letters sent out to a school community

At least one person received life-threatening injuries when a car collided with a semi truck in South Surrey on Friday morning. (Brenda Anderson photo)
VIDEO: South Surrey crash sends one to hospital in critical condition

Road closures in effect after collison between car and semi-truck

This is the second rally this week, organized in support and solidarity of the farmers in India. The first was on Wednesday, Dec. 2, which started at the Cineplex parking lot in Strawberry Hill and ended in Vancouver by the Indian consulate. (Photo: Our Avaaz/Instagram)
Second car rally planned in Surrey in support, solidarity of farmers in India

It will start at the Cloverdale Recreation Centre on Saturday

A snow moon rises over Mt. Cheam in Chilliwack on Feb. 8, 2020. Friday, Dec. 11, 2020 is Mountain Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Robert Riley Saunders. (File)
First Nations Leadership Council demands justice for victims of B.C. social worker

Union of BC Indian Chiefs calls actions of Robert Saunders ‘nothing short of complete depravity’

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Montreal Alouettes’ Michael Sam is set to make his pro football debut as he warms up before the first half of a CFL game against the Ottawa Redblacks in Ottawa on Friday, Aug. 7, 2015. Sam became the first publicly gay player to be drafted in the NFL. He signed with the Montreal Alouettes after being released by St. Louis, but abruptly left after playing one game. THE CANADIAN PRESS/Justin Tang
Study finds Canada a ‘laggard’ on homophobia in sports

Among females, 44 per cent of Canadians who’ve come out to teammates reported being victimized

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Most Read