FOR
IMMEDIATE RELEASE
Lawsuit to challenge Ontario health policy
Toronto,
Ontario, November 14, 2006 --Ð Timely Medical Alternatives Inc., a leading Canadian medical broker,
today announced that it intends to launch a lawsuit against the Ontario
Provincial government on behalf of a 66-year-old Newmarket resident, Lindsay
McCreith.
Seeking damages
as well as reimbursement for medical, travel and rehabilitation costs, the
decision to launch a lawsuit comes after the Provincial government refused to
pay the costs for private magnetic resonance imaging (MRI) and subsequent
surgery to remove a cancerous tumour in Mr. McCreithÕs brain at a Buffalo
hospital on March 6, 2006. The Ontario Health Insurance Plan informed Mr. McCreith
that since he
didnÕt get pre-approval for his out-of-country procedure, they would not
reimburse him for the services he received. The Òcatch 22 Òis that the
pre-approval process routinely takes significantly longer than the four and
half weeks between Mr. McCreithÕs initial MRI and his life saving surgery.
McCreith, a
retired small business owner, is seeking a larger role for private health care
in Canada: ÒI had hoped that the Government would carefully consider my case. I
didnÕt feel I had an option to wait for my medical treatment, given the
possibility the tumour was malignant, and had to pay out of pocket to have my
brain surgery. The health system has let me down and I donÕt want to see other
individuals go through the pain and anguish I have suffered,Ó said McCreith.
Timely Medical
Alternatives, which will lead fundraising efforts for the court challenge, said
that Canadians are still not receiving timely health care despite record levels
of health spending and numerous commitments made by provincial and federal
governments.
Richard Baker,
President of Timely Medical Alternatives, said: ÒThis case is not about
creating a second tier of health care. Instead, itÕs about the provincial
governmentÕs refusal to provide timely medical treatment for Mr. McCreith, as
well as the restrictions on private insurance. In Mr. McCreithÕs case, it
really was a life or death situation.Ó
In the opinion
of Dr. Gary Magee, Mr. McCreithÕs family physician of 35 years, Mr. McCreith
could not afford to wait to receive treatment: ÓBrain surgery needed to be
expedited. Lindsay might not have made it if he had to wait the likely eight
months it would have taken him to have a MRI, see a specialist and have
surgery.Ó
Timely Medical
Alternatives is asking Ontario patients who have been adversely affected by
waiting for medically necessary services as well as by restrictions on private
insurance and have had to pay for their own medical treatment to contact the
Company as soon as possible to be considered as part of the lawsuit.
Like the
landmark Chaoulli case in 2005 when Montreal patient George Zeliotis and
physician Jacques Chaoulli won a Supreme Court of Canada battle for the right
to buy private medical insurance, Timely Medical AlternativesÕ lawsuit will
argue that the provincial governmentÕs actions violate the Canadian Charter of
Rights.
News of the
Timely Medical Alternatives lawsuit could ignite a political debate over long
waiting times for medically necessary services, a debate which would be
welcomed by Ontario patients as a call to action for the government.
Mrs. Mariana
Rosero, a 56 year old Ontario patient whose debilitating back pain grew so
severe she could no longer walk as she waited to see a specialist, finally
chose to have immediate surgery in Buffalo, again with the help of Timely
Medical Alternatives. She hopes the lawsuit will generate changes: ÒThis is a
David versus Goliath struggle. If filing a lawsuit on behalf of Mr. McCreith is
what it takes to get the governmentÕs attention and make timely medical
treatment a priority, then I fully support it and hope the government does
something to fix the system.Ó
Timely Medical
Alternative President, Richard Baker, added: ÒThe Canada Health Act is arguably
responsible for more misery, suffering and even death, than any other domestic legislation
in Canadian history. ItÕs time that Canadians no longer be asked to sacrifice
their health in the name of supporting this Act.Ó
About Timely
Medical Alternatives Inc.
Based
in Vancouver, B.C., Timely Medical Alternatives is CanadaÕs original medical
brokerage organization, providing Canadians with medical alternatives to waiting for care
in the public health care system. Founded in 2003, we have assisted individuals and
families across Canada to obtain timely, private surgery as well as diagnostic
imaging. We refer 90% of our clients to private health care providers within
Canada for services such as knee and hip joint replacement, gall bladder
removal, arthroscopic knee and shoulder surgeries, weight loss surgery and
cataract surgery. Typical
out-of-country procedures that the Company brokers on behalf of its clients
include brain surgery, cardiac surgery, spinal neurosurgery, and cardiac
intervention (angioplasties). For more information, please visit
www.timelymedical.ca.
- 30 Ð
For further
information or to arrange interviews with Lindsay McCreith or Richard Baker in
Toronto or Vancouver, please contact:
Kelly Lendvoy
604.913.6113
klendvoy@communikgroup.com
Backgrounder
Lindsay McCreithÕs Medical History
-
In January
2006, Mr. McCreith suffered his first seizure. The Newmarket Hospital diagnoses
his seizure as epileptic and prescribes anti-seizure drugs. Mr. McCreith has a
MRI scheduled for May 27, 2006.
-
During the
month of January 2006, Mr. McCreith continues to suffer from headaches and
seizures on an almost daily basis. Mr. McCreith decides to seek a second
opinion.
-
On
February 2, 2006, Mr. McCreith contacts Timely Medical Alternatives and the
next day has an MRI in Buffalo and is diagnosed with a brain tumour.
-
On
February 13, 2006, Mr. McCreith returns to Buffalo for a specialist
consultation.
-
On March
6, 2006, Mr. McCreith returns again to Buffalo for a scheduled biopsy, during
which time doctors decide immediately to perform surgery and remove tumour.
-
On March
14, the pathology report concludes that Mr. McCreithÕs tumour was malignant.
-
On May 23,
2006, OHIP rejects Mr. McCreithÕs application for refund of medical costs of
$27,600 ($US) that he paid out of pocket to the Buffalo hospital.
-
In
November 2006, Mr. McCreith is cancer-free and agrees to begin process of filing
lawsuit against Ontario provincial government.