The Pediatric Cardiac Surgery Inquest Report




In their presentations to this Inquest, counsel for some of the families have asked me to make a recommendation as to whether or not the families are entitled to financial compensation for the deaths of their children. It should be clear to any reader of this report that families did not always receive all the information that should have been provided to them and that their children's care did not at all times meet an acceptable standard. I have made numerous recommendations based on these findings.

However, I have concluded that I am unable to make any recommendation regarding such compensation. As noted in Chapter One of this report, an Inquest cannot make findings of culpability. For me to make a recommendation as to the question of financial compensation for the death of a person who is the subject of the Inquest would likely contravene my obligation not to make a finding of culpability. Secondly, it would appear that the families that have asked for compensation have already started civil proceedings. The question of their entitlement to compensation is best determined in accordance with the rules and laws applicable in those proceedings.



Current Home - Table of Contents - Chapter 10 - Compensation
Next Monitoring of issues and problems within and outside the HSC
Previous Funding for the families
Section 1 Chapter 1 - Introduction to the Issues
  Chapter 2 - Pediatric Cardiac Issues
  Chapter 3 - The Diagnosis of Pediatric Heart Defects and their Surgical Treatment
  Chapter 4 - The Health Sciences Centre
Section 2 Chapter 5 - Pediatric Cardiac Surgery in Winnipeg 1950-1993
  Chapter 6 - The Restart of Pediatric Cardiac Surgery in 1994
January 1, 1994 to May 17, 1994
  Chapter 7 - The Slowdown
May 17 to September 1994
  Chapter 8 - Events Leading to the Suspension of the Program
September 7, 1994 to December 23, 1994
  Chapter 9 - 1995 - The Aftermath of the Shutdown
January to March, 1995
Section 3 Chapter 10 - Findings and Recommendations
Appendix 1 - Glossary of terms used in this report
Appendix 2 - Parties to the Proceedings and counsel
Appendix 3 - List of witnesses and dates of testimony
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