B.C. doctor attacked by MMA fighter refused a settlement, went to court and was ordered to pay

A doctor holds a medical chart. Doctors are calling for tighter restrictions on the sale of sodium nitrite to prevent the average consumer from accessing it. (Pexels)

A British Columbia doctor who sued his local health authority after being attacked by a patient may be regretting his choice not to accept a settlement.

Dr. Rajeev Sheoran, who works in the Okanagan region, was offered a settlement of $625,000 when he filed a civil suit against the Interior Health Authority.

Believing he was entitled more – millions more – he instead chose to take his case to court, where he ended up being the one paying.

What happened that brought the case to court occurred in December 2014.

Sheoran was working at the Penticton Regional Hospital when he was assaulted by a patient.

Court documents show that patient was a "trained fighter." The patient, who was being interviewed at the time of the assault, was a world-ranked jiu-jitsu competitor who'd been in the hospital for about a week at the time, the court heard.

The patient had been working as a registered massage therapist before being committed under the Mental Health Act to the facility after exhibiting paranoia and, as he put it himself, a loss of touch with reality.

The court heard he had a history of violence, but that that's not unusual for an inpatient. The only thing that made him different than others was his training, which meant there was the "potential for catastrophic consequences" if he did become violent.

Sheoran was badly injured in the attack. He was knocked out, and his jaw was broken.

A nurse told the court that the patient said something to the effect of "I think he might be dead," as he left the room where the doctor was slumped onto a desk.

The doctor told the court the psychological harm was great enough that he's been unable to work ever since, "and his prognosis is poor," the judgment from March 4 reads. 

And so he sued Interior Health, which operates the hospital. He was offered a settlement – the financial component of which was $625,000 plus costs and disbursements – but he said no, instead opting to go to trial.

During the trial, the Kelowna court heard the doctor's argument, which was that Interior Health was negligent and therefore liable for damages, as it did not have adequate policies and procedures in place "to deal with someone who posed an obvious risk of violence."

Sheoran argued that the assault wouldn't have happened if it did.

But the suit did not go in the doctor's favour.

His case was dismissed in early March, with the judge finding the plaintiff did not prove the defendant's conduct fell below the requisite standard of care. 

It was back in court last week for a judgment on costs, where it was determined that instead of getting money from his legal action, the doctor will actually have to pay.

He's been ordered to pay Interior Health's legal costs for the duration of the 36-day trial. Court documents do not say what that bill will be.

And it could have been worse. Interior Health suggested doubling the legal fees because it, as the defendant, had offered to settle out of court.

The judge decided against that, saying the defendant was entitled to costs as if the settlement offer hadn't been made, saying, "The plaintiff should not have to pay double costs solely because his claim was ultimately unsuccessful on the issue of liability."