Pathology inquiry:
Published Friday September 5th, 2008
Final phase starts Monday
Although the third and final phase of the inquiry into the Miramichi pathology scandal is set to begin Monday, the representative of the affected parties says they won't be there.
A lawyer of one of three law firms pursuing a class action lawsuit on behalf of those who were allegedly misdiagnosed by Miramichi pathologist Rajgopal Menon said lack of funding has hamstrung their efforts.
"We're not going to go up there to fill a chair, to say that we were there, unless we can have some meaningful contribution to the process," said Ray Wagner of Wagner's Law Firm.
"And without funding, without the ability to research, and without the ability to even call our own evidence and retain elements ... we would have to reach into our own pockets, or try to ask our clients, who would not have those type of resources to spend."
Wagner said several witnesses his firm requested for the third round of questioning, which ends Oct. 1, were not called, including Menon himself and several individuals Wagner said were involved in his initial credentialization and hiring.
He noted the class action lawsuit would proceed all the same.
Marc-Antoine Chiasson, the principal counsel for the commission of inquiry, summarized this latest round as dealing more with recommendations that will be made to the commission, headed by Justice Paul Creaghan. The last phase of the inquiry will be held at the Université de Moncton.
Of the 20 individuals who will be consulted over the coming four weeks, only four will have been directly involved in the initial pathology investigation. They include Jeff Carter, the former director of medical services with the Miramichi Regional Health Authority. He is scheduled to testify on Thursday, Sept. 11.
Dr. Rosemary Henderson, the pathologist who looked at Menon's work dating back to 1995 will testify on Sept. 25. A patient who was affected by the testing Sister Kathleen Waters will testify on the same day. The next day Dr. Ed Schollenburg, registrar of the College of Physicians and Surgeons of New Brunswick, will take the stand.
The remainder represent groups across Canada who one or more of the parties to the commission believe can recommend improvements. They will comment on systemic issues, supervision of physicians, the place of pathologists in the system and other aspects.
"It may not be as sensational as what happened in part one and part two, but I think it's as important, if not more important, in regard to the final outcome of the report," he said.
Chiasson said he could not comment specifically on Menon's absence from the witness list.
"None of the parties with standing felt the necessity to call Dr. Menon as a witness, so that's all really I can say," he said. "Whether his participation or non-participation will hinder or assist, really I can't comment on that."
He added the commission was "satisfied that all witnesses that have something to say and something to add, have been or will have been called by the time part three is done."
Earlier this week, Health Minister Mike Murphy said the provincial pathology inquiry, which he called last February, was still relevant, even though the health region system has been reformed, cut from eight to two regions, effective Sept. 1.
"When I look back at some of the reasons why I called that inquiry, this health care structure that is now in place would have alleviated some of the circumstances that might have occurred," he said. "But it certainly wouldn't have completely answered the circumstances that came about."
However, Murphy said the new system has already gone some way to dealing with lack of accountability in reporting problems with a physician, which featured often in past testimony at the inquiry.
"When we had eight health care systems in this province, they were dysfunctional on a good day and chaotic on a bad day," said Murphy. "Now if there is a problem with a particular physician somewhere in the province, the medical advisory committee will deal with it, they will notify the CEO of the hospital corporation who will also have to notify the minister of health, who will also have to notify the College of Physicians."
The 24,000 cases handled by Menon are currently under independent review. A spokeswoman for the Miramichi Regional Hospital, Sonya Green-Haché, said an update on the status of the review would be released in the near future.
"Our priority has been, and remains, that the reviewed reports are being communicated back to the patients through their doctors as soon as possible," she said.
She said she did not know how many cases had been processed, and noted that each reviewed case had to be entered into a database.
"As you can understand, that is a large volume [and] is taking a bit of time," she said.
with files from Canadaeast.Com
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