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Father says system hindered ability to save teen son, calls for changes

More parental access to child’s medical data urged
Elliot_Eurchuk000838.jpg
Elliot Eurchuk, 16, died of a drug overdose in April 2018.

The father of an Oak Bay teenager who died of a drug overdose last month is calling on the province to change a health-care law that barred him from medical information about his son.

The B.C. Infants Act says anyone under the age of 19 can agree to their own medical care if they have been assessed by a health-care provider as having the necessary understanding to give the consent. In those cases, the minor can make their own decisions independent of their parents’ or guardians’ wishes and the health-care provider can talk about treatment only if the child agrees. There is no set age when a child is considered capable to give consent.

“Until this legislation is amended — additional, preventable youth deaths will occur,” said Brock Eurchuk, about a month after his eldest son’s death.

“Elliot died in a tragic preventable circumstances and the province and B.C.’s health-care system handicapped our ability to save him.”

In a letter to Premier John Horgan and other ministers on Tuesday, Eurchuk pressed legislators to amend the B.C. Infants Act. He would like to see a mechanism provided or another law adopted to deal with high-risk children and youth “common-sensically” incapable of making sound health-care decisions and who put their lives at risk by blocking parents from their medical information.

“I was quite disappointed with the response of politicians,” Eurchuk said Wednesday, noting he didn’t hear from any of them. “With the benefit of hindsight, it is clear to me, had my wife and I had continuous, timely access to Elliot’s medical records, his death would likely not have occurred.”

Mental Health and Addictions Minister Judy Darcy said last week that the province is overhauling mental health and addictions services. As part of that plan, to be introduced in the fall, it is reviewing the Infants Act, secure care, and the Mental Health Act.

On April 20, Elliot Eurchuk, 16, died of an illicit-drug overdose following a two-year history of “excessive” opioid prescriptions — for sports injuries and post-operative pain, Eurchuk said.

The only warning his parents received about the severity of their son’s dependence on prescribed medication and illicit drugs was two months earlier, on Feb. 10, when in hospital for a blood infection he overdosed and had to be revived with naloxone.

“The medical system had clear information indicating Elliot’s dependency on street opiates,” Eurchuk said.

“Although Rachel and I are engaged, loving parents and responsible to care for Elliot, the B.C. health-care system blocked critical information we needed to effectively parent Elliot.

“Had we known the breadth and depth of his dependency, we would have taken significantly more aggressive action.”

Island Health is reviewing the boy’s care while in health authority facilities and said Wednesday it has shared with Elliot’s parents initial actions being undertaken from that review. “Our commitment is to keep Elliot’s parents updated on the actions as they are implemented and to meet with them again as the review is completed near the end of June,” said spokeswoman Meribeth Burton.

Horgan was travelling Wednesday and unavailable for comment.

The B.C. Liberals have proposed a Safe Care Act to give parents the chance to “rescue” their child and get a form of short-term temporary custody to provide treatment.

Dr. Trina Larsen Soles, president of the Doctors of B.C., said this month that the Infants Act requires doctors be satisfied the child understands the nature and consequences of their medical decisions and the benefits and risks.

“That’s where your grey area comes in, it’s a judgment call,” said Larsen Soles.

“I suspect I would be erring on the side of violating patient confidentiality if I thought there was a significant risk to the kid’s life — you’d tend to lean one way more than the other.”

Exceptions to confidentiality and consent under the Infants Act include some instances when the Ministry of Children and Family Development is involved, there is reason to believe children might harm themselves or others, or there is suspected or reportable abuse.

Larsen Soles said the law is challenging for doctors. “I think we really need to look at what exactly constitutes consent and what constitutes mature decision- making,” Larsen Soles said.

“There’s 12-year-olds and then there’s 12-year-olds,” she said.

“Some of them think and act like adults and some of them think and act like eight-year-olds, and some of them are merely 12. It certainly is a challenging piece of the picture.”

ceharnett@timescolonist.com