Concerted Action Launched to Smash Code of Silence on Conditions in Long-Term Care Centres and Seniors' Homes

On April 21, the Collège des médecins du Québec, the Ordre des infirmières et infirmiers du Québec and the Ordre des infirmières et infirmiers du Québec announced a joint survey to evaluate the quality of health care and practices at the Héron private long-term care centre (CHSLD) in Dorval, which belongs to the Katasa Group, and the Institut universitaire de gériatrie de Montréal (IUGM). The Fédération interprofessionnelle du Québec (FIQ) writes: "We hope that this inquiry will break the code of silence on seniors’ care, and that the professional orders' voices will finally be added to those of our members who also want to protect the public."

"For the health care professionals, the facts are clear. Our members tell us they no longer have the conditions that enable them to give safe, quality care, there is a chronic staff shortage, a constant excessive workload, managers ration out care, the CHSLDs have been suffering for several years now, and unfortunately, we see this sad fact today," says Nancy Bédard, President of the FIQ.

At CHSLD Ste-Dorothée, at the request of the medical staff unions, the Labour Standards, Pay Equity, and Workplace Health and Safety Board (CNESST) intervened in the centre for these same reasons. The report delivered on April 12 identified several shortcomings. "Some workers with symptoms compatible with COVID-19 continued to work, staff members had to perform risky interventions with infected patients without adequate protective equipment," among other things, according to the document filed with the court. Infected residents were not transferred to the Cité de la santé hospital in Laval, even though this could have provided better care.

At the CHSLD Ste-Dorothée in Laval, as of April 16, 2020, there were 150 cases of COVID-19 among residents, (78 per cent), and 56 deaths, in addition to 79 cases among employees.

The son of a senior who died of COVID-19 at CHSLD Ste-Dorothée has instituted a class action suit for more than $13 million against the Centre, accusing it of gross negligence that cost the lives of 56 residents. On April 21, the firm Ménard, Martin, avocats filed a request for authorization to institute a class action against the CHSLD Ste-Dorothée in Laval, as well as the Centre intégré de Santé et de Services sociaux de Laval.

The plaintiffs are claiming millions in compensation on behalf of 192 residents of the centre and on behalf of their loved ones who are still experiencing psychological distress in the face of the situation.

Prior to filing the request, the firm expressed its concerns about the situation in the CHSLDs in a letter dated April 3 to Danielle McCann, Minister of Health and Social Services, writing:

"In the last few days, several extremely worrisome situations have been reported to us by people living in CHSLDs or in private residences for seniors, as well as by the families of these people. The current health emergency decreed on March 13 gives unprecedented powers to the Quebec government. However, these powers are not without limits."

It is taking direct aim at the decision of the ministry to revise downward all the levels of care that were being provided. It also rejects the pretext of overcrowding and resource limitations when hundreds of beds have been freed up, and rejects the pressure on families to accept a de facto reduction in care.

"We are very concerned about certain directives we have read, particularly those concerning CHSLDs issued on March 23 and 25 by the ministère de la Santé et des Services sociaux," Ménard, Martin write.

"First of all, the decision to review all levels of care, at the very time of this health crisis, is particularly problematic.

"In this context, while the free and informed consent of the patient or his or her representative is essential for the establishment of a level of care, the systematic review of all levels of care for all CHSLD residents is clearly inappropriate. Several families reported to us an unacceptable review process where the patient or his or her representative is under very strong pressure from doctors and nurses to consent to a reduction in the level of care or is simply forced to make a decision to this effect.

"Your directives go far beyond what is strictly necessary to deal with the current emergency situation. This is not a question of limited resources. As of April 2, 2020, there were 365 hospitalizations of patients with COVID-19, while 7,000 beds were freed up in anticipation of the crisis. Similarly, places in intensive care are still widely available according to the information that you make public daily. As recently as yesterday, Premier Legault stated that Quebec has no shortage of ventilators."


This article was published in

Volume 50 Number 14 - April 25, 2020

Article Link:
Concerted Action Launched to Smash Code of Silence on Conditions in Long-Term Care Centres and Seniors' Homes


    

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