Penticton psychiatrist loses $9m lawsuit against Interior Health over patient assault – Penticton Western News

The psychiatrist who sued Interior Health after being attacked at the Penticton Regional Hospital had his case dismissed, along with a potential $9 million in a lengthy decision released on March 4, 2022.

Dr. Rajeev Sheoran was knocked unconscious and fractured his jaw in 2014 during a date with Gregory Nield, a Summerland man and world-class jiu-jitsu martial artist who was involuntarily detained after getting being self-medicated with magic mushrooms.

Nield was convicted of aggravated assault in a separate criminal trial in 2017, for which he received 30 months probation, which he appealed in 2019 before the charges were dropped in 2020.

In his judgment, Judge Steven Wilson found that Interior Health was not negligent in its management of Nield and that Sheoran failed to prove whether IH provided the appropriate standard of care.

As a result of the assault, Sheoran suffered multiple injuries that required him to have a prosthetic cheekbone, dental work, and left him with major depressive disorder and post-traumatic stress disorder.

The lawsuit had claimed that Interior Health (IH) failed to conduct the required violence risk assessment for the hospital’s Inpatient Psychiatry Unit (IPU) prior to the incident, and Nield should have been transferred to another establishment. Sheoran said the information he had at the appointment was outdated and incomplete and that IH should have used its Aggressive Behavior Rating Scale to place Nield as a higher risk patient.

According to the ruling, transfers from a facility like the IPU are done by the police after two weeks of treatment if the patient is still resistant and the facility they would be transferred to has an open bed and a committee reviews and approves. the transfer.

The decision also said that the risk of violence and assessment of aggressive behavior likely would not have changed the circumstances that led to the assault and that Sheoran had effectively taken the position of requesting that a patient’s information be released. recorded twice.

Judge Wilson concluded that Sheoran had not provided sufficient evidence to prove that IH had been negligent in providing the appropriate standard of care, and that “in the context of this violent assault, one can always speculate in hindsight. on what could have been done to prevent it, but that alone is insufficient,” he wrote.

“While there may be instances where a breach of the standard of care may be inferred from all surrounding facts and circumstances or is so obvious that expert evidence is not required, this is not such a case.”

Despite Sheoran’s claim being denied, the decision still details the damages Sheoran would have received had he been successful.

It would have included $32,000 for special damages for the costs of treatment Sheoran received, including counseling and orthodontic work, following the attack and $40,000 for future care costs; $5.8 million for loss of future revenue due to the incident and $2.6 million for loss of past revenue.

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British Columbia Supreme Court

Betty K. Park