Woman launches lawsuit against city doctor over mother’s death

A woman is suing a Regina doctor, alleging negligence led to her mother’s death in 2014.

A statement of claim filed earlier this year by Shelly Riffel alleges Dr. Svitlana Cheshenchuk (also known as Ziarko) “failed to meet the standard of care for her profession” in her treatment of Sandra Hendricks, resulting in “the preventable death of her patient.”

Statements of claim contain allegations not proven in court.

Cheshenchuk filed a statement of defence last week, denying the allegations.

According to the statement of claim, Hendricks was a 71-yearold Regina woman who, on Oct. 17, 2014, went to Cheshenchuk’s office because she was feeling unwell.

Riffel states Cheshenchuk ordered an electrocardiogram (ECG), suspecting a heart attack. The results, received the same day, were sent as “urgent” by Cheshenchuk to another doctor qualified in reading the results.

Riffel alleges Cheshenchuk released Hendricks shortly after faxing the ECG document, sending her off with a prescription for an antibiotic and an inhaler.

The claim alleges the doctor who read the results returned a fax minutes later, indicating the ECG was “abnormal.”

“The inferred direction was clear that Dr. Cheshenchuk should have her patient attend a hospital immediately,” the claim reads. “However, Dr. Cheshenchuk had not required Ms. Hendricks to stay until the results were received and in fact made no efforts to contact her patient or follow up after having received the notification from (the other doctor) that the results of the electrocardiogram were abnormal.”

Hendricks died hours later from heart failure, Riffel said.

Riffel claims Cheshenchuk was negligent, including by failing to contact Hendricks or immediately send her for treatment or to the hospital; by releasing the woman from her office before the ECG results returned; and by prescribing medication “which was contra-indicative to someone who is having a suspected heart attack or coronary difficulties.”

“The plaintiff says that if the defendant, Dr. Cheshenchuk, had properly discharged her professional obligations to the patient, Sandra Hendricks would have been properly treated in the hospital and would probably have survived,” the claim states.

Riffel further alleges Cheshenchuk “attempted to conceal the true facts relating to the care of Sandra Hendricks by falsifying her clinical notes in an attempt to evade professional and civil consequences.”

Riffel claims the doctor’s actions kept her from “knowing the truth about her mother’s death” until Cheshenchuk pleaded guilty to a conduct unbecoming charge under the Medical Profession Act. Riffel said she was advised earlier this year Cheshenchuk received a one-month suspension.

Riffel is seeking an unspecified amount in damages, costs and interest, and $60,000 in expenses to cover medical, funeral and other amounts.

In her statement of defence, Cheshenchuk — who continues to practice in Regina — admits she ordered an ECG, which she sent to the other doctor to analyze. She denies she was negligent, and says she “exercised the care, skill, and precaution required in the circumstances and in relation to the symptoms disclosed.”

Cheshenchuk says Hendricks attended with a two-week history of symptoms “consistent with an upper respiratory tract infection, including bronchitis.” The doctor says she suspected a “cardiac issue,” so ordered the ECG.

“Shortly thereafter, 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,” the statement of defence reads.

If the court deems she was negligent, she denies it caused or contributed to Hendricks’s death. Cheshenchuk further claims Hendricks contributed to any possible negligence by failing to go to the emergency department or seeking medical attention when her symptoms didn’t improve — and she says she advised Hendricks to do that. Cheshenchuk also intends to argue the claim was filed too late, given provisions of The Limitations Act.

Ms. Hendricks left the clinic with instructions to seek medical attention in relation to a potential heart condition.