Negative stereotypes and prejudice contributed to Brian Sinclair's death, according to his family's lawyers.
The remarks were made during the closing submissions of the Sinclair inquest.
"There were human factors that contributed to Brian Sinclair's death," said Vilko Zbogar, Sinclair's family's lawyer. "It was a human failing. It was not just something with a mechanical system."
Sinclair's lawyers say the death is akin to a homicide, because the hospital and its staff failed to provide the necessities of life. The Manitoba Nurses' Union reminded the inquest judge Sinclair's death was ruled natural, not a homicide.
Lawyers say evidence shows many people who noticed him in the ER that night believed he was either seeking shelter or was slumped over because he was intoxicated. Those assumptions were made, say the lawyers, because Sinclair was disheveled looking, aboriginal and in a wheelchair.
"And based on that, people determined he's either homeless, or he's drunk, or he's otherwise not there for medical care," said Zbogar.
They say that resulted in him not getting proper care.
The nurses' union has said Sinclair went unnoticed because he was never properly triaged. The wheelchair-bound double amputee died while waiting in the Health Sciences Centre ER for 34 hours in 2008.
Sinclair died from a preventable bladder infection from a blocked catheter.
"This is a tragedy and no nurse would ever have wanted this to happen," said Sandi Mowat, president of the Manitoba Nurses' Union.
But the Winnipeg Regional Health Authority says the factors leading to Sinclair's death are more complex than that.
"Mr. Sinclair should not have died in our emergency department," said Arlene Wilgosh of the WRHA.
The health authority says discrimination may have played a part. "We've acknowledged that there could have been some issues with stereotyping. That's why we put in the cultural sensitivity training," said Wilgosh.
The inquest is complete, but Brian Sinclair's family says it's not enough. They want a provincial inquiry to explore issues of negative stereotyping they say killed their loved one.
The inquest judge has up to six months to release a report with conclusions and recommendations.
- With a report by Jeff Keele