Timothy Elke’s intestine was punctured during surgery to remove a bile duct blockage and the doctors who treated him were negligent in his aftercare, he alleges in a statement of claim filed in Manitoba Court of King’s Court on Nov. 8. The Winnipeg Regional Health Authority and the Health Sciences Center doctors involved failed to understand that Timothy required immediate surgery to avoid the prolonged and permanent injuries he ultimately suffered,” the lawsuit states. None of the allegations have been proven in court and no statement of defense has been filed. CBC News reached out to the Winnipeg Regional Health Authority for comment, but did not immediately receive a response. Elke, who is from Amaranth, Man., had his initial surgery to remove the blockage at the Health Sciences Center on Nov. 10, 2020, the first fall of the COVID-19 pandemic. On the day of his surgery, he was discharged with instructions to return if he experienced pain or jaundice. Shortly after, he went to the emergency room in Portage la Prairie because of extreme abdominal pain, and a CT scan revealed he had a possible hole in his small intestine, or colon, court documents state. Court documents allege that the doctor who performed Elke’s original surgery failed to recognize that he had drilled a hole in Elke’s small intestine and should have observed it during the operation. Elke was rushed to the Health Sciences Center, where he was diagnosed with sepsis and pancreatitis, as well as a possible secondary infection in the area behind the tissue that covers the abdominal wall and covers most of the organs. He was admitted to the surgical intensive care unit at HSC, given antibiotics and monitored, but over the next few days his condition worsened. Elke’s heart stopped for 10 minutes, the hole in his intestine enlarged and his lung partially collapsed, court documents state. He was also intubated because he couldn’t breathe on his own. Doctors who treated Elke at HSC failed “to recognize the seriousness of the … infection and to treat it appropriately,” court documents state.

2nd surgery too late: lawsuit

Three weeks after the initial surgery to remove the blockage in his bile duct, Elke had another major surgery to connect his stomach to the middle part of his small intestine, and a tube was placed in another part of his small intestine, where there were severe punctures, the lawsuit states. Elke alleges that the bowel perforation and the delay in proper treatment for that perforation were caused or contributed to by the negligence of the doctors at HSC. Elke continued to suffer from his surgeries two years ago. He suffered kidney failure, a pulmonary embolism, mobility problems and psychological and emotional trauma over the past two years, the lawsuit states. Elke has been hospitalized since November 2020 and will need dialysis and full-time care for the rest of his life.