An Innisfail man with hepatitis C is suing his family doctor for negligence after racking up a $105,000 medical bill in Mexico when his liver failed in December of 2009.
Hubert Jenkins is seeking $146,811.45 in general and special damages from Dr. Nigel Davies, who works at the Innisfail Health Centre, for medical malpractice relating to his examination on Nov. 24, 2009, prior to going to Mexico.
The statement of claim, filed Dec. 6, 2012 in Calgary's Court of Queen's Bench of Alberta, states Davies owed Jenkins a duty of care and failed to properly examine him and take into consideration his medical history before advising him he was fit to travel to Mexico.
Jenkins said he noticed he began to bloat up while he was on the west coast of Sinaloa. He was admitted to Sharp Hospital Mazatlan, after getting so sick he had trouble breathing. Treatment for acute hepatic failure with pleural effusions between December 2009 and April 2010 left the patient with a hefty medical bill.
ìEverybody else was sitting out at the beach,î he said in an interview with the Province. ìI remember being in there and it was really cold all the time.î
The lawsuit says before giving Jenkins the green light to head south, Davies didn't consider a consultation letter from Dr. Sinclair Cox, dated Nov. 5, 2009, which stated: ìWe had done tests and an Ultrasound of his abdomen that confirms cirrhosis of the liver and ascites and also his liver function test are sideways.î
In light of his medical status, risks of taking the upcoming trip weren't even discussed at all, the suit claims.
The allegations in the statement of claim have not yet been proven in court.
Symptoms including hepatitis C, decreasing albumen levels, ascites, right inguinal hernia, edema, and swelling were not considered, and Davies did not perform proper tests before giving Jenkins the go-ahead to travel to Mexico, according to the lawsuit.
Several attempts were made by the Province to reach Davies for comment but none were immediately returned before deadline.
Jenkins said he's been going to Mexico every year for nine years or more. He sold his oilfield hauling businesses DG Specialty Tankers Ltd. in Sept. 2009 due to financial issues and a desire to tackle his hepatitis head on.
ìI had just finished dissolving the business and selling off the assets,î he said.
Jenkins said he had been waiting to see a specialist about a hernia operation when he saw Davies Nov. 24, 2009.
After reimbursement payments from Alberta Health Care and the Out-of-Country Health Services Committee of $8,188.55, Jenkins was left with $96,811.45 on the tab, according to the statement of claim. He is also seeking $50,000 in general damages.
On July 16, 2011 Jenkins received a new liver at the London Health Sciences Centre in London, Ont.
ìI haven't been able to work since I've been through all this,î he said, adding the Mexican health-care bill hit his pocketbook hard. ìThat money was saved and earmarked for my retirement.î
Jenkins says he hopes his story will inspire changes to the Alberta health-care system at large.
ìI'm not alone out there,î he said. ìIt's time for a change in health care.î
"I haven't been able to work since I've been through all this."Hubert Jenkins
