Race a factor in negligent care that led to Indigenous woman's death at Winnipeg hospital, lawsuit alleges

The daughter of a 68-year-old Indigenous woman who died at Winnipeg's Grace Hospital in 2022 alleges her mother's race played a role in negligent medical care that caused her death.

Kelly Medwick, the daughter of Jean Kemash, is suing the Winnipeg Regional Health Authority, the Grace Hospital, two doctors and two nurses after her mother died at the hospital on April 19, 2022, according to a statement of claim filed Monday at the Manitoba Court of King's Bench.

The lawsuit identifies Kemash, 68, as Indigenous, and alleges her Indigeneity "was part of the chain of negligent acts and misconduct" by the doctors, nurses, the health authority and Grace Hospital that caused her death.

None of the accusations have been proven in court. Statements of defence have not yet been filed.

Kemash, who had a history of several respiratory conditions, sought care at the Grace Hospital's emergency department on the evening of April 15, 2022, after days of experiencing an increasing shortness of breath and chills, the suit says.

She was admitted to the hospital and assessed by a doctor that night.

The doctor examined Kemash again on April 18, the suit says. She was moved to the emergency department's resuscitation room less than two hours later, as she had become more medically unstable and was experiencing confusion, disorientation, low blood pressure and a lack of oxygen.

An emergency room doctor ordered a chest X-ray and blood work for Kemash that day. The initial doctor responsible for caring for Kemash said he would reassess her but never did so, according to the statement of claim.

Kemash's oxygen requirements escalated throughout the day, it says.

Kemash's other daughter told a nurse that her family was concerned about a plan to move Kemash to an in-patient ward, which they thought would be dangerous given her condition, but those concerns were ignored, according to the lawsuit.

Kemash was transferred to the in-patient ward around 10 p.m. on April 18.

She remained under the care of the initial doctor, but a psychiatry resident completing his four-week internal medicine component was responsible for providing direct care to her, the suit says.

The resident failed to reassess Kemash even though nursing staff told him her condition was unstable, according to the lawsuit. He was not competent to care for Kemash and did not consult with the initial doctor or a senior resident, the suit alleges.

The resident also failed to follow proper procedure when using Bluetooth respiratory monitoring devices, after a nurse connected one to Kemash but left it at the end of the hallway where it could not be heard, according to the statement of claim.