Assault trial gets testy
Defence attacks credibility of doctor injured Dec. 5, 2014, in PRH psychiatric ward
Accusations of malpractice were hurled Tuesday at a doctor who was attacked by a patient in the psychiatric ward at Penticton Regional Hospital.
“I’m attempting to show that under this doctor’s care, my client’s health deteriorated until he became psychotic,” defence counsel Stan Tessmer told the jury that’s deciding the aggravated assault trial of Gregory Stanley Nield in B.C. Supreme Court.
Nield, 31, is accused of attacking Dr. Rajeev Sheoran on Dec. 5, 2014, resulting in a broken jaw, facial injuries and brain damage that has prevented him from returning to work full-time.
Cross-examination of Sheoran — who strongly denied Tessmer’s accusations — was halted prematurely Monday for reasons protected by a publication ban.
When he resumed, Tessmer hammered away at Sheoran’s credibility, suggesting the psychiatrist deliberately destroyed notes, fraudulently billed the B.C. Medical Services Plan for work he didn’t do and improperly removed part of Nield’s file from PRH.
“We say that there’s obstruction of justice going on here,” Tessmer told Justice Hope Hyslop following one particularly testy exchange that drew an objection from the Crown.
“Mr. Tessmer, don’t even use that language. Please stop,” Hyslop replied.
“It’s not relevant as to what happened on Dec. 5, and that’s why this jury is here.”
Sheoran admitted he regularly destroys personal notes and reminders, which he described as “scribbles,” when they’re no longer of use. But he maintained he kept everything relevant to the trial.
The doctor also admitted to having some documents from Nield’s hospital chart in his possession outside PRH, but said he’d removed them from the file just prior to the attack and they were later returned to him in error.
Finally, Sheoran admitted to billing MSP for at least two consultations with Nield — Nov. 24 and Dec. 2 — for which no notes could be found.
Sheoran explained he intended to write up the report from the Nov. 24 session the day he was attacked, while he was unsure about documentation from the Dec. 2 appointment.
“It could have been destroyed. It’s possible that I hadn’t done a note. I don’t know. I did my work with all honesty and integrity,” the doctor said.
Tessmer suggested Sheoran ought to have done the reports the same day he billed MSP, but the doctor disagreed, stating paperwork is only required to be filed “within a reasonable timeframe.”
Tessmer eventually moved on to question the care Nield received from Sheoran, who admitted the patient “was dissatisfied with being in the hospital and taking medication.”
The lawyer then suggested Sheoran provoked the attack, which the doctor testified Monday came with no warning.
“You didn’t say to (Nield), ‘You need more drugs, more often, and you’re not getting out of here until you comply?’” Tessmer asked.
“That’s not correct,” Sheoran replied.
Court heard on the opening day of trial Monday that Nield, who is free on bail, had been involuntarily committed to the psychiatric ward a week before the attack. A nurse testified he was diagnosed with drug-induced psychosis as a result of taking magic mushrooms to treat severe migraine headaches.
The jury was told previously the trial would last 10 days and hear from nine Crown witnesses.