Daughter launches lawsuit against Sask. doctor who saw her mother hours before death

A Regina woman has filed a lawsuit against the doctor who saw her 71-year-old mother only hours before she died.

Shelly Riffelsaid Monday she never planned to take legal action, but she's worried what happened to her mom could happen to someone else.

Riffel's mom Sandra Hendrickswasn't feeling well on Oct. 17, 2014 and went to seeDr. Svitlana Cheshenchukat the Quance East Medical Clinic in Regina.

Dr. Cheshenchuk conducted an electrocardiogram because she suspected a heart attack and sent the data, marked urgent, to another doctor to read it.

Riffel said her mom left the office equipped with a prescription for antibiotics and an inhaler before the results were sent back. The prescription was filled at 2:14 p.m.

The second doctor sent a response back to Dr. Cheshenchuk at 2:20 p.m. indicating that the ECG was abnormal, according the statement of claim.

Hendricks died of heart failurearound 5:00 p.m.

"It hurts. It really hurts," Riffel said."You just think of every moment you've had with them, and think maybe she could have been here for all kinds of things that happened my daughter's convocation, graduation."

Riffelsaid she believes the death could have been prevented.

Riffel'sstatement of claim says Dr. Cheshenchuk was negligent in her treatment of Hendricks and that she failed to send her to the hospital.

It suggests the doctor was negligent by releasing Hendricksbefore the ECG results were confirmed and by failing to contact her mom after receiving the ECG results.

"... if the Defendant, Dr. Cheshenchuk, had properly discharged her professional obligations to the patient, Sandra Hendricks would have been properly treated in hospital and would probably have survived."

Dr. Cheshenchuk rejected all claims of negligence in a statement of defence filed July 5.

Doctor altered records

Riffel previously complained to the theCollege of Physicians and Surgeons of Saskatchewan. Investigatorsfound Cheshenchukhad altered medical records regarding her appointment with Hendricks several times over the course of eight months.

For example, Cheshenchuk changed medical notes on Oct. 20 to indicate she told Hendricks to go to emergency, but she was reluctant.Cheshenchuk's notes made on the day of the appointment made no reference to that.

Cheshenchuk told the college she didn't write those notes on the day of because of time constraints.

The college gave Dr. Cheshenchuka one-month suspension and made her take two courses on ethics and record keeping. The doctor also hadto cover the costs of the investigation and hearing.

"Of course I was looking for a different outcome with the college and I felt like that might have given some closure and some positive outcomefor the province, and other peoples lives and families," Riffel said.

These findings figure into the lawsuit againstCheshenchuk:

"... the actions of Dr.Cheshenchukwere an intentional attempt to deceive thePlaintiffand her authoritative body as to her negligence in the care of SandraHendricks," thesatementof claim says.

Doctor denies allegations, calls for claim dismissal

Cheshenchuk, who is called Dr.Ziarko In her statement of defence, asks for Riffel's claim to be dismissed and "denies each and every allegation contained in the Plaintiff's Statement of Claim."

"Ms. Hendricks left the clinic with instructions to seek medical attention in relation to a potential heart condition, a prescription for antibiotics and an inhaler for bronchitis," reads the statement of defence.

She denies she was negligent in her care and treatment, and says even if she was,"that negligence did not cause or contribute to Ms. Hendricks' death."

The statement says Hendricksneglected her own health not going to an emergency room or seeking further medical attention.

After learning of the altered records, Riffeldoesn't believe that advice was ever given and thinks it cost her mom her life.

"At least if she would have got to the hospital,we would have that possibility that she could have lived."

Riffelwants someone to create consistentguidelines for doctors dealing with patients who could be enduring or are at risk of heart failure.

"So it doesn't happen again."