A Winnipeg Family is taking a hospital to court, all because they say their relative did not get the care he needed.
It all started in June 2006.
Forty-eight-year-old Dale Spencer was beaten and paramedics took him to the grace hospital.
The family says he was given pain killers at the hospital and sent home.
Less than 12-hours later an ambulance brought him back to the hospital's emergency.
"Bells and whistles should go off saying hey maybe we should take a further look at this patient see why he's back again. That's one of the reasons why we've come forward on this," explains Dale's Brother James.
James Spencer says his brother was complaining of severe pain to his abdomen.
His family says the man was given more pain killers but was told it would be seven more hours before he could see a doctor.
In their lawsuit the Spencer family says the hospital broke a contract by not using reasonable skill in treating Dale, but that is something one of the hospital's emergency room doctors says is not true.
That is because the doctor says he did not treat Spencer at all.
The man left and died at home the next day.
The Spencer family says there are comparisons to Brian Sinclair, whose body was found dead 34-hours after he entered the Health Science Centre Emergency Room.
"We feel that Dale's case is the same when it comes to his treatment. He did not get the treatment that we feel he should get," adds James.
Their lawsuit states, one of the reasons for that is because, the hospital failed to provide adequate staffing.
So far, none of the allegations have been proven in court.
With a report from CTV's Kelly Dehn
