B.C.’s Provincial Health Services Authority (PHSA), the provincial nursing regulator and a woman jailed for years for pretending to be a nurse are facing yet another lawsuit as a result of her actions.
B.C. Supreme Court Associate Chief Justice Heather Holmes said Dec. 20 that Brigitte Cleroux, 52, who passed herself off as a nurse at BC Women’s Hospital, would spend a total of seven years in prison after being sentenced for crimes affecting 900 or more people.
Cleroux “profoundly violated” the victims who had placed themselves in the care of the medical system, at times when they were unconscious or extremely vulnerable.
Dozens of lawsuits have been filed as a result of Cleroux pretending to be a health-care professional.
The latest, filed April 9 in B.C. Supreme Court by plaintiff AH, names the PHSA, B.C. College of Nurses and Midwives (BCCNM), and Cleroux as defendants. Glacier Media has chosen to use the plaintiff’s initials rather than her full name.
“As a result of the collective negligence and wrong acts of the defendants Cleroux, PHSA, and BCCNM, the plaintiff also experienced and continues to experience anxiety and a loss of trust in the health-care system and health-care professionals,” the claim said.
AH’s claim said she received care from a team that included Cleroux on Oct. 7, 2020.
The claim said Cleroux represented herself as a registered and qualified nurse; gave medical advice to the plaintiff, physically contacted the plaintiff; inserted the plaintiff's intravenous (IV) line; was present in the room and observing the plaintiff when the plaintiff was in a state of undress; was present and observing the plaintiff when she was unconscious; and administered medication or directed it to be administered.
The claim alleges the PHSA employed Cleroux at BC Women’s Hospital as a practical and/or licensed nurse June 22, 2020 until about June 23, 2021. It said the PHSA was responsible for hiring and is vicariously liable for Cleroux’s actions.
It alleges Cleroux did not have the proper licensing and registration to be lawfully employed as a nurse in B.C. or any other jurisdiction.
It alleges Cleroux provided false information to the PHSA and was not registered with the college, which it said is responsible for ensuring all individuals providing care are qualified and competent to provide such care.
The claim further said PHSA sent the plaintiff a letter on or about Oct. 13, 2023, updating her on the status of a related class action, and informing her that she was part of the class of individuals who had been treated by Cleroux.
“The defendant Cleroux intentionally, or with disregard to the plaintiff, participated in the plaintiff's medical care without lawful justification,” the claim said.
“Cleroux was a person in a position of trust, power and authority over the plaintiff, and the plaintiff, was in a position of dependency and vulnerability.”
The suit alleges physical and psychological injuries. It seeks general, aggravated, punitive and special damages as well as those for loss of past and future earning capacity.
Defendant responses
B.C.’s Ministry of Health and BCCNM said they could not comment on the case as it is before the courts.
The ministry said it takes matters of professional misconduct very seriously, and that it and the PHSA are committed to providing patients with the highest quality of care.
“This matter highlights the importance of the British Columbia College of Nurses and Midwives and their critical regulatory work that ensures the health and safety of the people in British Columbia,” the ministry said in a statement to Glacier Media.
“The ministry encourages anyone who is aware of unauthorized practitioners to report them to the relevant college. Regulatory colleges are positioned to protect the public from people providing unauthorized services,” the ministry's statement said.
BCCNM regulates B.C. nurses and midwives in the province.
“If BCCNM becomes aware that an individual who is not registered with BCCNM uses a protected title, BCCNM may take any number of steps, including demanding an individual stop using a protected title, publishing public notice to warn the public, up to seeking an injunction in court to prohibit an individual from using a title they are not entitled to use,” BCCNM said in a statement to Glacier Media.
Further, it keeps a register of all registrants so that potential employers and members of the public can verify that an individual has met all requirements for registration.
“Employers are responsible for checking the register,” the statement said.
None of the allegations has been proven in court.
The law and coming changes
In British Columbia, health professions such as nurses are governed by regulatory colleges currently under the Health Professions Act.
The ministry said regulatory colleges have the ability to restrict the licence of a health professional who poses a significant risk to the public or a patient, who has committed an act of misconduct, or who is not competent to practice safely.
It said the province is reforming the act and has introduced the Health Professions and Occupations Act (HPOA). The HPOA received Royal Assent in the B.C. Legislative Assembly on Nov. 24, 2022.
While it is not yet in force, the ministry said the province is working with professional organizations, health-care practitioners, and other stakeholders to implement the legislation.
The Health Professions Act and the HPOA both include mechanisms to take action against people who commit very serious harmful actions.
“One of the things the HPOA will do is create a superintendent’s office to oversee the regulatory colleges, which will ensure colleges are laser-focused on patient safety and the public interest. Ultimately, this allows for more transparency and accountability to the public,” the ministry said.
The changes, the ministry said, will create a better complaints system that encourages people who have been hurt or wronged by a health professional to come forward by:
• offering identity protection measures;
• providing access to support workers and access to support services such as counselling, for people who have experienced sexual abuse, sexual misconduct or discrimination while receiving health care from a regulated health-care provider; and,
• disciplinary actions taken against health professionals will be published on a public, online record to ensure members of the public can make informed decisions when selecting health-care providers.
For more information about the HPOA, visit this B.C. government webpage.
