A Laval resident who fought tooth and nail for recognition of the abuse suffered by her 98-year-old mother in a CHSLD before she died finally obtained $3,400 in small claims court.
“They did everything to obtain an agreement out of court. I refused. I’m not here to make money. I’m here to find out if it makes sense that people are being mistreated in CHSLDs. That’s my battle,” firmly asserts Louise Godard, 62, about the recent decision of judge Johanne Gagnon.
Louise Godard, daughter of the deceased.
Photo JONATHAN TREMBLAY
More than four years ago, while the pandemic was threatening Quebec, her mother, Madeleine Robichaud, was mistreated at the CHSLD de Sainte-Dorothée, in Laval. A few months later, the location’s practices during the first wave of COVID-19 were the subject of an investigation by the Ministry of Health.
Photo PIERRE-PAUL POULIN
Origin unknown
Mme Robichaud had lived there since 2016. She had difficulty moving alone, suffered from Parkinson’s, scoliosis and kyphosis (deformity of the spine). She had weak ankles and weighed no more than 60 pounds, according to her daughter, who visited her daily.
On the morning of January 12, 2020, Mme Godard received a call: his mother had a bruise of unknown origin on her arm.
“She didn’t have any bruises when I left [la veille]», says the daughter of the deceased.
Although the public CHSLD and the CISSS de Laval denied the existence of a fault and assumed that the nonagenarian had collided, the court did not accept these explanations.
“It is probable that given the difficulties in moving Mme Robichaud, the beneficiary attendants had to pull her by the arms or even lift her up like the day before, and in doing so, she was injured in the right forearm,” we read in the judgment.
Excessive force
Unfortunately, Mme Robichaud died ten days later. According to the court, she did not die as a result of the events, but still suffered significant after-effects.
Madeleine Robichaud, shortly before her death.
PHOTO COURTESY OF LOUISE GODARD
“The photographs filed as evidence are quite eloquent. There is no doubt in the mind of the court that Mme Robichaud suffered,” said Judge Gagnon, adding that she was manipulated with “excessive force.”
“She was certainly scared” and experienced anxiety, she continues, specifying that another technique should have been introduced well before.
The magistrate concluded that this care had not respected the level of quality imposed by law and was contrary to the mission of a CHSLD.
Insufficient evidence
Furthermore, Mme Godard, a retired CNESST inspector who prepared the file, also tried to demonstrate that her mother had suffered from dehydration and anemia in the days preceding her death. The medical evidence, however, was deemed insufficient.
She and her brother demanded $15,000 in compensation. The court awarded them $3,398, plus interest.
To read the judgment, click here.
