A northern New Brunswick man who is suing the province for $50 million over his delayed medical care following a head-on collision more than 13 years ago was back in court again this week.

Donald Thomas, 81, of Tracadie-Sheila waited more than 15 hours for treatment of his numerous catastrophic injuries, which included a broken neck, head trauma and a collapsed lung.

His case prompted the creation of a provincial trauma system.

On Thursday, Thomas was fighting a motion by the province’s lawyer to amend its statement of defence by adding a provincial statute.

Richard Williams argued the Regional Health Authorities Act is relevant because it offers the province an “immunity provision.”

Section 61(1) of the act states neither the province nor the minister of health is liable “for an act or omission of a regional health authority official, a person on the medical staff or nursing staff of a regional health authority or an employee or agent of a regional health authority.”

The section was in effect in 2005 at the time of Thomas’ accident and remains unchanged, Williams told the Bathurst courtroom.

Thomas’s statement of claim names only the province as a defendant, not the regional health authorities, hospitals or medical personnel.

If they provide money to the [health authorities], they are responsible for knowing how that money is administered.

– Donald Thomas, plaintiff

Thomas, who is representing himself, maintains the province is responsible for the “inordinate delay” he faced and his “unnecessary pain and suffering.”

“If they provide money to the [health authorities], they are responsible for knowing how that money is administered,” he said.

“They are responsible for knowing if the people who work in these boards are trained right, are informed.”

Court of Queen’s Bench Justice Ivan Robichaud ruled in favour of Williams, allowing the statute to be added to the province’s 2016 statement of defence.

The judge said he expects the matter to be fully debated at trial, if the case goes to trial.

Seeking summary judgment

Thomas has filed a motion for a summary judgment, to have the judge rule on his lawsuit without a trial.

Williams advised the court the province intends to file its own motion for a summary judgment to have the case dismissed with costs.

A hearing has been scheduled for Sept. 10.

In his statement of claim, Thomas alleges he “failed to receive adequate care” after being in a car crash in Shippagan on Nov. 21, 2005.

In addition to a broken neck, closed head injury, and collapsed lung, he also suffered two broken hips, two broken thigh bones, a broken kneecap, a broken lower leg, a dislocated and broken ankle, a broken upper arm, multiple rib fractures, lacerations to the liver and spleen, and a cardiac contusion.

He was initially taken to the Tracadie Hospital, transferred to the Chaleur Regional Hospital in Bathurst, denied transfer to the Dr. Georges-L.-Dumont University Hospital Centre in Moncton and eventually transported by helicopter to the Saint John Regional Hospital, where he underwent about 20 hours of surgery.

Insurance settlement

In 2006, Thomas filed his notice of intention to sue the province.

“The delay in treatment was caused by negligence of the defendant to have a proper functioning province-wide system in place to handle patients such as the plaintiff to have critical care in a timely basis,” his statement of claim alleges.

A new provincial trauma system was launched in 2010. It includes a toll-free trauma line and a no-refusal policy for patients in need of transfer to specialty sites.

In 2015, Thomas reached a compensation agreement with the other driver’s insurance company. The amount of the settlement has not been disclosed because of a confidentiality clause, but he had been seeking nearly $1 million in damages.

Thomas says he continues to suffer pain, brain damage and post-traumatic stress disorder. He is seeking damages and legal costs.

The province, in its statement of defence, contends the operation of the health care system and allocation of the health care budget are policy decisions and, as such, are not actionable.

In addition, the province argues Thomas failed to file his statement of claim within the required six months and that the limitation period has expired.