Kaylie Wheaton's family launches lawsuit over fatal misdiagnosis

The family of a girl who died hours after she was admitted to hospital in Corner Brook is suing both the doctor who treated her and the regional health authority.

Kaylie Wheaton, 9, was already showing signs of septicemia the blood infection that would stop her heart when she was rushed to Western Memorial Regional Hospital in 2011.

The Gillams resident was wrongly diagnosed as having an ear, lung and sinus infection.

The physician who treated her, Dr. Christo Taylor, missed the septicemia, which triggered a complaint at the College of Physicians and Surgeons. Taylor pleadedguilty toprofessional incompetence, and his medical practice has been suspended until he obtains further training.

• Dr. Christo Taylor's practice restricted pending recertification

Ches Crosbie, the St. John's lawyer representing the Wheaton family, said the girl's death could have been avoided.

"Had young Kaylie been treated appropriately, in a timely way, she would have lived 95 to 100 per cent likelihood," Crosbie said in an interview.

The family has also filed a statement of claim in Supreme Court against Taylor and Western Health.

Crosbie told CBC News that the fact the College of Physicians and Surgeons has already delivered a finding of incompetence makes it difficult for Taylor to argue that he was not negligent.

Crosbie said the family may receive more than $100,000 in the lawsuit, although he said they do not care about the money.

"It's about obtaining recognition for something that happened that was wrong, and obtaining perhaps some retraining or some change in procedures or protocols that make it less likely that this will repeat itself," he said.