An Owen Sound man has filed a lawsuit against Cambridge Memorial Hospital for $1 million over what he claims are injuries caused during an "altercation" with security guards who were trying to remove him from the hospital.
Robert Sean Martin and his legal counsel Breedon Litigation filed his statement of claim with the Ontario Superior Court of Justice on Sept. 5, detailing an interaction that happened around 5 p.m. on April 15, 2022.
That was when Martin was triaged with "flank pain" in the hospital's emergency department.
He was waiting in ER when he had "an interaction with a nurse." Security guards were called and he was told to leave the hospital.
He was escorted out, but while leaving the building he says he was "attacked and assaulted" by two security guards and injured.
Martin claims the negligence of the security guards, identified as Jane and John Doe, caused his injuries and they should "know or ought to have known" that the interaction could result in harm or injury by their malicious use of force, which was "excessive, unreasonable, and not justifiable at law."
The lawsuit says the hospital failed to develop and implement a proper system and/or policy to support the provision of safe care to admitted patients in the emergency room, and failed to have adequate systems or personnel to respond to emergency situations.
The lawsuit claims CMH failed to rectify deficiencies in their policies and procedures for the care and treatment of persons admitted to the hospital, which staff should have known existed "by reason of previous incidents and damages involving other patients."
The plaintiff claims he's been left with "permanent functional limitations" from the injuries sustained at CMH. They include a fractured left clavicle, pain in his shoulder, back pain, difficulty sleeping and worsening anxiety and depression.
"Sean has endured and continues to endure profound emotional and physical distress. His enjoyment of life has been seriously affected."
Special damages the plaintiff says he incurred include x-ray and doctors' accounts, drugs, transportation, loss of income, clothing, personal effects and other related expenses.
None of the claims have been proven in court and a statement of defence has not been filed.
