TORONTO - Fifty-one-year-old Stephen Burnstad went in for surgery to remove a cancerous stomach tumour, but he never made it out alive.
His widow Norma was suspicious about her husband鈥檚 death and when an anonymous caller told her to dig deeper, she took action. She arranged for an independent autopsy and was shocked by the findings.
The pathologist鈥檚 report concluded that Stephen鈥檚 death was caused by an 鈥渁cute intra-peritoneal hemorrhage due to vascular injury complicating laparoscopic gastrectomy,鈥� or in other words, a bleed into the belly as a result of injury to a blood vessel.
Norma decided to take legal action against the surgeon. Her lawsuit alleges 鈥渟urgical error鈥� likely caused the internal bleeding that ultimately resulted in Stephen鈥檚 death; and that she was 鈥渕isinformed鈥� by the doctor about the cause of death.
Norma told CTV鈥檚 W5: 鈥淚f [the surgeon] was in the room when it happened, so I think that when you hemorrhage, the doctor would know.鈥�
However, little did Norma know that with her legal claim, she would be going up against a Goliath 鈥� a powerful organization based in Ottawa called the Canadian Medical Protective Association (CMPA).
It has a $5 billion war chest, which is used, in part, to provide doctors with legal support in court to fight malpractice suits.
Doctors pay dues to be members of the CMPA, but provinces pay the physicians back; in some cases up to 90 per cent, less a small fee.
According to former CMPA lawyer Paul Harte, it means: 鈥淭axpayers at the end of the day are footing the bill.鈥�
Harte, who now represents plaintiffs as a medical malpractice lawyer, told CTV鈥檚 W5:
鈥淸The CMPA] will spend whatever it takes to protect the doctor's reputation.鈥�
In one case, Harte says his small firm went up against 27 lawyers in court, all paid for by the CMPA.
The former CMPA lawyer also says over a 10-year period, approximately 75 per cent of Canadians lost at trial going up against the CMPA.
The CMPA鈥檚 own 2019 annual report notes that of the cases that went to court that year, 90 per cent were found in favour of the doctor.
CMPA CEO & Executive Director Dr. Lisa Calder says the CMPA supports doctors, but also financially supports patients who have been harmed by medical error.
Calder told CTV鈥檚 W5: 鈥淭he goal for us is to actually not go to court and not get into trial. The goal for us is to really try and establish as soon as we can, was there negligence that occurred.鈥�
Calder also disputes the suggestion the CMPA is funded by taxpayer dollars. She says, 鈥淓ach provincial medical association negotiates a reimbursement program with the province. The CMPA is not party to those negotiations.鈥�
Norma Burnstad says she鈥檚 not discouraged by the slow pace of the litigation, almost three years now, against a surgeon she believes was responsible for her husband鈥檚 death.
Norma is hopeful she鈥檚 one of the few who win their court case.
鈥淚鈥檓 in this for the long haul, Sandie. Steven didn鈥檛 deserve this. My boys didn鈥檛 deserve this.鈥�
Watch 鈥淪tacked Odds鈥� Saturday at 7 p.m. ET
