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Health network should have disclosed unsterilized forceps sooner: lawyer

Health officials in New Brunswick are contacting nearly 2,500 patients after discovering that unsterilized biopsy forceps were used at a hospital clinic for 14 years. Getty Images

HALIFAX – The lawyer representing patients suing a New Brunswick health authority over the use of unsterilized forceps says the affected individuals should have been notified sooner.

Ray Wagner, who works for the Halifax-based firm Wagners, says the Horizon Health Network should have notified patients as soon as the issue was uncovered, instead of deliberating for months.

The Miramichi Regional Hospital used unsterilized forceps in procedures over a 14-year period, a problem it detected in late May.

READ MORE: N.B. health officials deliberated on informing public about unsterilized forceps

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“They should have disclosed it at the first available opportunity,” he said. “We can’t find a legitimate reason why it took longer than a week or two.”

Horizon Health sent notification letters to at least 2,497 people on Aug. 28, 2013 advising them to get tested for hepatitis B and C, and HIV.

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The statement of claim says those who have come forward are accusing the health network of negligence.

“The defendant hospital is responsible to ensure that systems are in place to promote a high level of quality and patient care,” the statement reads. “The Defendant’s conduct fell below the reasonable standard of care expected of it under the circumstances.”

Internal emails between Horizon Health staff revealed although the forceps were not sterilized, they were being disinfected with a solution.

Ches Crosbie Barristers, a St. John’s, N.L. law firm, is partnering with Wagners on the suit. They are now awaiting certification, which could take three to five months.

Wagner says about 25 people have come forward, and many more have contacted them.

*With files from The Canadian Press

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