[IPSM] Dene woman sterilized can't sue

[Macdonald Stainsby]

Sterilized woman took too long to sue, court rules
Last updated Feb 13 2006 10:44 AM CST

CBC News
An N.W.T. woman who says she was sterilized without her consent suffered a
major defeat in her medical malpractice lawsuit recently when the
territory's top court ruled she took too long with her legal action.

The Dogrib woman named the Stanton Regional Hospital, Stanton health board
and two doctors in her $1.25 million lawsuit. Court records say she
suffers from emotional distress.

She also says the Stanton Health Board and hospital failed to properly
protect her.

The Rae woman underwent a tubal ligation 20 years ago, when she was 15
years old. The irreversible surgical procedure prevents the woman from
ever becoming pregnant.

Because she was a minor, she had her mother along when the doctor
discussed the procedure.

The woman says neither she nor her unilingual Dogrib-speaking mother
understood that the procedure was irreversible. No interpreter was used
during the consultation.

The woman says she only realized 10 years later – in 1995 – that she could
never become pregnant.

Though she applied for legal aid soon after that realization, it took
two-and-a-half years to to bring the lawsuit to court.

Justice Virginia Schuler recently ruled that the lawsuit was filed outside
the two-year limit set for suing for negligence and battery.

Schuler dismissed that part of the lawsuit, but said the woman can still
argue that the doctors and the hospital breached the trust relationship
they had with her.

The woman is now also suing the three lawyers she initially tried to use
to launch the lawsuit.

(with notes from Richard Gleeson)

--
Macdonald Stainsby
http://independentmedia.ca/survivingcanada/
http://lists.econ.utah.edu/mailman/listinfo/rad-green
In the contradiction lies the hope.
--Brecht.