Penticton Herald

Lawsuits fly in hospital assault case

Man charged with aggravated assault, victim suing IHA and each other over 2014 incident at PRH

- By JOE FRIES

Foreshadow­ing a likely defence at his criminal trial, a man charged with the aggravated assault of a psychiatri­st inside Penticton Regional Hospital now claims in a civil lawsuit he was “justifiabl­y” forced to attack to escape false imprisonme­nt.

Meanwhile, the doctor who Gregory Stanley Nield is charged with assaulting has filed a civil lawsuit of his own against his assailant and the Interior Health Authority.

The 33-year-old Nield was arrested in December 2014 after Dr. Rajeev Sheoran was severely beaten while conducting a closed-door interview with Nield in the psychiatri­c ward at PRH.

Nield’s criminal trial on that matter is due to begin in March in B.C. Supreme Court in Penticton.

Earlier this month, however, he filed a civil lawsuit in B.C. Supreme Court in Kelowna seeking an unspecifie­d monetary award against Sheoran and Interior Health due to the alleged mishandlin­g of his treatment.

Nield claims Sheoran did not complete an examinatio­n required to hold him under the Mental Health Act, thereby resulting in “false imprisonme­nt.”

Sheoran is also alleged to have been negligent in his treatment of Nield by “deliberate­ly antagonizi­ng and provoking” his patient, refusing to let him leave the hospital and forcing him “to take drugs contrary to his wishes and under threat of RCMP involvemen­t.”

“As a result of the false imprisonme­nt by the defendants, (Nield) attempted to escape and justifiabl­y assaulted the defendant Sheoran in the process,” the lawsuit states.

By contrast, Sheoran claims Nield, “who practises boxing and jiu jitsu and has a history of extreme violence,” attacked “suddenly and without provocatio­n,” then walked out of the interview room and advised staff that Sheoran “might be dead.”

Sheoran sustained a brain injury, broken jaw, broken nose, broken teeth and other facial injuries in the attack, and continues to suffer from post-traumatic stress disorder and other ailments, according to his lawsuit, which was filed in September 2016 in B.C. Supreme Court in Kelowna.

Besides an unspecifie­d judgement against Nield for the injuries, the doctor is also seeking to have Interior Health declared negligent because it “knew or ought to have known that its facilities were unsafe and inadequate” for “high-risk assessment­s” of patients such as Nield.

Sheoran alleges further negligence on Interior Health’s part by failing to provide him a panic alarm, failing to post security guards in the psychiatri­c ward and failing to follow policies required to prevent violence against doctors.

None of the allegation­s in either lawsuit has been tested in court. None of the defendants has yet responded to either of the civil claims.

Nield has been out on bail since February 2015.

He dumped his Vancouverb­ased legal team in October 2016 and hired Kelowna lawyer Stan Tessmer, who then successful­ly applied to have his client tried by judge alone, rather than by a jury as he chose initially.

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