Brampton hospital, TV show actors named in lawsuit

BRAMPTON — A Brampton man is suing a local hospital, doctor and actors in a popular Canadian medical drama, alleging he was assaulted and his privacy violated during a rectal exam.

Walter Fischer is seeking damages in the amount of $100,000, claiming the Brampton Civic Hospital, the William Osler Health System and Dr. Roberta Hood failed to let him know that a team of people who sat in on his rectal examination on Oct. 18, 2012, were not medical practitioners but instead were part of the show "Saving Hope" and were only there "to conduct background research for the show."

None of the allegations against any of the defendants have been proven in court.

Fischer said in the legal action that he was "led to believe (the members of Saving Hope) were medical practitioners or medical students and/or their attendance at his examination was for medical reasons."

The notice of action, which precedes a statement of claim, to be filed in Brampton Superior Court next week, charges the doctor, along with an actor and researcher from the show, "conducted an invasive physical examination" of Fischer.

The doctor, hospital and the William Osler Health System breached Fischer's privacy by discussing his medical history, condition and symptoms with the actors and researcher and "intentionally and/or negligently misrepresented (to Fischer) the true identities and intent of the attendance, participation and/or conduct" of the actor(s) and research of the show, the court filing alleges. It further adds that the doctor, hospital and William Osler "breached the duty of care they owed to their patient," who did not consign to an invasive physical examination being conducted by actors and producers on the show.

William Osler spokesperson Cara Francis said patient privacy policy restricts the hospital from speaking about an individual patient case.

"What I can share is that Osler has a comprehensive process and strict policies around patient privacy. Under no circumstances would Osler permit anyone outside of the patient's care team to attend or observe patient treatment or consultations without the patient's knowledge and consent," she said. "We will defend the hospital vigorously against the allegations as reported in the media."

The lawsuit further alleges "the defendants committed an assault and battery against the Plaintiff."

The notice names several people and organizations as defendants, including actors Erica Durance, Benjamin Ayers, Saving Hope show researcher Maggie Gilmour and ICF Films, which produces the TV show.