DRP & Interference with Michael’s medical care
Duty of care and negligence to provide necessities of life
Criminal Negligence: s. 219
219 (1) Everyone is criminally negligent who (b) in omitting to do anything that is in his duty to do so, shows wanton or reckless disregard for the lives or safety of other persons
Duties Tending to preservation of life - Duty of persons to provide necessaries
215 (1) Every one is under a legal duty
(c) to provide necessaries of life to a person under his charge if that person
(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and
(ii) is unable to provide himself with necessaries of life.
(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if
(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.
EMS – Ambulance Call Report for Michael listed the dispatch problem code as “Unknown Injuries”
We began requesting documents, any document we could obtain relating to Michael’s death. We also hired a private investigator and spoke directly with many witnesses who went into the street just after the shooting - we were told by all that there was no obvious medical assistance being provided, and that Michael had been completely covered with a plastic tarp.
After multiple emails requesting an explanation from the SIU for the indication of “Trauma Unknown” and the lack of medical care we feel Michael received – we finally received our answer on the evening of June 3rd from Winslow Taylor (SIU).
Audio Clip #1 The SIU explanation :Winslow Tayor (SIU) Explaining “Trauma Unknown”
pt 1 16:20 – 16:58 32:26 – 32:33
Winslow : Okay, so shortly after that information is communicated, or discovered, an ambulance asked to move into the area and they are listed for unknown trouble because they were asked to be put on standby.
Joanne: what does that mean?
Winslow: this is, in my experience, a common police practice when a person is in some sort of medical distress, and officers have yet to apprehend them, they will call an ambulance to get closer to the area and wait.
Eileen: for Michael?
Winslow: yes. So the ambulance is called into the area to wait and is put on standby, so this is why it is listed as unknown at that time. This was when the ambulance was called in.
In the days following the above preposterous explanation, we contacted the Ministry of Health Investigative department – again, being forced to take other avenues to get “honest” answers into Michael’s death.
When asked if there was an ambulance on standby that day – for Michael - we were told NO; and that this is NOT a police policy. In fact, this is NOT even a common practice – except for possibly in the case of a suicide attempt.
We were told that an example might be if there is a man standing on the top of a bridge threatening to jump. Then the police might call for an ambulance to be on standby in that area.
But, on the morning of December 2, 2013 there was NO ambulance on standby OR requested to be on standby by Durham Regional Police for anyone – including Michael.
Based on this explanation and clarification – we, Michael’s family – officially requested that the Ministry of Health & Long Term Care Investigation Services conduct a thorough investigation into the quality of patient care provided to Michael on the morning of his shooting.
We received a full report on May 6th, 2015 and our worst case scenario was confirmed …. Not only did this report verify that there was - in fact - NO ambulance on STANDBY for Michael as we were informed by the SIU … It also proved that Not only did the Officer’s on scene NOT relay that Michael had been shot to their 911 dispatchers OR to EMS? And Not only did Durham 911 dispatch NOT relay Michael’s injuries to ACO /EMS - But that the initial ambulance for Michael was intentionally delayed – in fact at one point they EVEN cancelled it.
An accountable care organization (ACO) is an association of hospitals, providers and insurers in which all parties assume accountability for the quality of patient care, and how money is spent as it pertains to a population.
Ministry of Health Report Indicates:
Almost 3 minutes passed from the time of the first ambulance being cancelled before a second ambulance was finally requested for Michael …. And all this time Michael had been shot, lying naked on the cold asphalt with 2 hollow point bullets in his body for almost 4 minutes.
As incredible and unthinkable as it is …... while Michael laid at the feet of 3 Durham Police officers (photo below) – and despite the fact that ACO / EMS asked 4 times what Michael’s injuries were …. They were NEVER informed that Michael had multiple gunshot wounds or that he was naked, outside on a cold December morning.
54 Police Services Act regulations require that all officers involved in an incident are to be segregated from one another, and are to refrain from communication until after the SIU has completed its interviews. (6.0 reg. 267/10)
They (DRP & DRP 911) did however think it was important to mention, multiple times, that Michael was severe MHA and Aggressive with Police!!!
Something that was a complete surprise to his wife and family and would have been an outright shock to Michael –this is a complaint directly against DRPD and we will address toward the end of this summary.
Audio Clip #2 – Actual Dispatch and 911 calls re: “trama unknown”
CODE 4 as noted above: Non-Urgent
That the patient’s condition is stable and there is no threat to life or function.
Yet when our family directly asked the SIU if Michael’s injuries were communicated to EMS
Clip #3 The SIU response:
Marianne: So the officer called for the ambulance? Is there a recording of him disclosing Michael’s injuries?
Winslow : I will check back, but I do believe there was some communication as to what happened.
This indicates to us, that although Durham Police Officers felt it important to relay that “2 females had been assaulted” – which was unsubstantiated and NOT proven … that, one was “punched in the head” and the other was “vomiting” …. YET - Not one person – police officer or 911 dispatchers - felt it was important to notify EMS that Michael had been shot twice?
Yet when paramedics did arrive on scene …. They had no hesitation indicating Michael’s injuries; most importantly that he had “Multiple gunshot wounds”.
It is obvious that the officers on scene – the subject officer Taylor and the 2 witness officers – clearly knew that Michael had been shot … but, we can also prove that Durham 911 were also FULLY AWARE that shots had been fired.
Clip #4 – 911 Operator: “I think we got the gunshots” ** 2 seconds after shots were fired!! **
Yet, to further interfere and frustrate Michael’s medical care – regardless of if it was intentional or just a result of plain ignorance - Michael’s medical information was NOT conveyed to Rouge Valley Hospital. Subsequently, Michael was given a drug, via IV, called Rocuronium – a drug that is NOT to be given to people who are taking anti-seizure medications. And both Lamictal and Topamax ARE anti-seizure Medications.
Shortly after receiving this drug (Rocuronium) CPR had to be started for Michael as he had 0 pulse. And hospital records indicate that this is the first time since the shooting that Michael went into Cardiac Arrest.
Durham PC Craik (# 3565) had been given the information of Michael’s medication by PC Griffin (#3665) – yet did NOT provide the proper medical information to Rouge Valley Hospital when Michael was admitted. In fact, Const. Crank indicates that Michael told her himself that he took NO home meds – while an ambulance was still NOT dispatched for Michael and as she was providing “Veterinary Care” to him.
Veterinary Tech.! At this time DRP had still NOT dispatched an ambulance for Michael & and the ref. to “Veterinary” although QUITE insulting could – confirms DRP opinion & treatment of Michael on the morning of Dec. 2, 2013 !
Clip #5 – 911 Operator: CST Griffin & CST Craik exchange information on Michael’s Medications
Although we can clearly establish that DRP and Cst. Crank were aware of Michael’s home meds - inaccurate information was provided to Rouge Valley Hospital by the very people that we feel were responsible for his care … and the erroneous information provided by them – only added to Michael’s suffering.
As Michael’s wife (Marianne NOT Mary Ellen) and family were NOT notified of the shooting until after 12 pm …. Not only were NONE of Michael’s family present @ Rouge Valley hospital @ 10:50 am … We question WHO told Rouge Valley Hospital that Micheal’s next of kin were present?
Yet when we questioned the SIU again, during our meeting on June 3, 2014, why Rouge Valley Hospital noted that Michael took 0 home meds, had 0 allergies & indicated that his family / next of kin were present at hospital. They (SIU) blatantly deceived our family- this is the explanation we received.
Clip #6: Winslow Taylor (SIU)
“If I had evidence to say that, a police officer willfully provided false information to a medical staff and cause Michael harm we would also be having a different conversation. I don’t think we would be having the same conversation if they just walked away”
We contend it would have been quite clear if Winslow Taylor and the SIU had actually looked at the “evidence” – the medical records, Ornge air ambulance, EMS as well as St. Michael’s records, etc. to establish that Michael did not receive the care he was entitled to, with the urgency required or the care that was available to him. In addition, our claim is that the delay in medical care – trauma care - affected Michael’s chance of survival.
In trauma there is a timeframe know as the “Golden Hour”:
In emergency medicine, the golden hour (also known as golden time) refers to a time period lasting for one hour, or less, following traumatic injury being sustained by a casualty or medical emergency, during which there is the highest likelihood that prompt medical treatment will prevent death. It is well established that the patient's chances of survival are greatest if they receive care within a short period of time after a severe injury; however, there is no evidence to suggest that survival rates drop off after 60 minutes. Some have come to use the term to refer to the core principle of rapid intervention in trauma cases, rather than the narrow meaning of a critical one-hour time period.
Although, ACO/EMS were NOT told Michael had been shot – based on the Ambulance Call report and confirmed in the MOH Investigation report – we know that the severity of Michael’s injuries required critical care. And that Michael met not just one but ALL the Field Trauma Triage Guidelines – why was there no Ornge Air ambulance sent? Did the lack of information provided by Durham Police and 911 interfere with his care? Every Second Counted for Michael’s chance of survival.
Once Michael’s first emergency surgery ended, and a surgical resident, Dr. (James) spoke with our family, he indicated that their assumption was that “Sometime with the first hour of arriving at St. Mike’s Michael had been shot”. In fact, it took 3 hours for Michael to reach a trauma center.
The Dr. then went on to explain that although Michael had sustained very serious injuries from the bullets, the main problem was “blood loss” because of damage to the Abdominal Aorta.
Clip #7: St. Michael’s Hospital speak with Michael’s family RE: Blood loss.
Actually 3 hours before NOT 1 hour
Dr. James: I am James, I am one of the surgical residents working with the trauma team I am not sure what you guys know or what you don’t know and I certainly; I didn’t see Michael when he first came in but I was involved with his operation so I know that there is a fair bit that you don’t know so I will just reiterate what I do know.
About an hour or so before he came here we understood that he had been shot twice, once in the abdomen, sort of at the top of the abdomen – another time in the right shoulder.
When he was on the way here we heard that he had essentially lost all vital signs, twice. Basically, you know, the reason why all of this is happening on the way is essentially blood loss, because of that.
Yet, even our complaint to the OIPRD was met with, what we recognize now – to be the typical, misleading, “blue coloured” response when accusations are launched against police officer’s and/or a police force in Ontario.
Recently the SIU charged a Toronto Const. with criminal negligence causing death, and failing to provide the necessities of life (those charges have since been dropped). How do the actions of DRP Service on Dec. 2, 2013, at the very least, NOT warrant at least a similar charge in Michael’s case?
Are the police NOT are under a legal duty to take care of persons in their custody? Is their duty NOT enhanced where a person is in need of medical care? Is there NO obligation on the police to protect those under their care from undue risks?!?
Durham Regional Police Department – through the actions of Cst. Brian Taylor “detained” Michael the second he shot him. And by choosing to shoot Michael DRP took away Michael’s control over his life. Including his ability to provide and care for himself.
If our police, or ANY Agency is going to take away a person’s ability to keep him – or herself alive … then we argue that the agency MUST assume responsibility for doing so!