COUNTY - Five Lunenburg County physicians have denied allegations that the care given to Frances Marie Rose was careless and negligent.

 Mrs. Rose died on November 4, 2009, as a result of complications which her family claims resulted from a surgical mistake.

 In a statement of defence filed with the Supreme Court of Nova Scotia, the physicians - Dr. Irma Proctor and internists Drs. Anthony Atkinson, Ronald Hatheway, Magdelana Nestel and Anthony Nestel - deny there was any negligent act or omission or any breach of duty, contract or malpractice.

 "The defendant physicians deny responsibility for any medical problem of Mrs. Rose, as alleged or otherwise, and say that her death was not caused or contributed to by any negligent act. Mrs. Rose's death arose from pre-existing medical problems or other causes rather than any alleged negligence by any of the defendant physicians," claims the physicians' statement of defence.

 As earlier reported, the lawsuit alleges Mrs. Rose suffered a bacterial infection after her bowel was punctured during surgery at South Shore Regional Hospital on October 21, 2009. She was transferred to the QEII Health Sciences Centre on October 31, but died there four days later.

 Mrs. Rose's husband, Kenneth Rose, launched the lawsuit earlier this year on behalf of himself, their daughter and two grandchildren. South Shore Health is also named in the suit. The health authority filed a statement of defence in April also claiming the 64-year-old woman received an appropriate standard of care.

 The family alleges during a surgery, Dr. Proctor punctured Mrs. Rose's bowel which led to a massive infection. They also allege that a second surgery was done in a careless and negligent manner; that Dr. Proctor failed to properly diagnose and treat Mrs. Rose's condition; that she failed to prescribe appropriate tests, recognize warning signs and perform the second surgery in a timely manner; that she failed to request expert medical assistance as Mrs. Rose's condition deteriorated; and that she failed to transfer her to the QEII in a timely way.

 The suit alleges that the other four doctors, South Shore Health, its nurses and staff failed to properly monitor Mrs. Rose, failed to request expert medical assistance as her condition deteriorated and failed to transfer her to the QEII in a timely way.

 In denying the allegations against them, the physicians say they treated Mrs. Rose "prudently, skilfully and in a competent manner consistent with the standards of medical practitioners in their respective areas of expertise."

 The physicians also say they provided necessary and appropriate examinations, tests, investigations, medications, referrals, surgeries and procedures.

 Both the physicians and South Shore Health are asking the suit be dismissed with costs.

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 The family is seeking damages for loss of guidance, care and companionship; loss of valuable services; and funeral and legal expenses.

posted on 09/07/10