Healthcare. (Pixabay)

Decade-long health care battle draws to a close today in B.C.

Dr. Brian Day began his battle a decade ago against the B.C. government

A constitutional challenge by a doctor who argues patients should have the right to pay for private care if the public system leaves them waiting too long is expected to wrap up today in a Vancouver courtroom.

Dr. Brian Day began his battle a decade ago against the British Columbia government.

The case started in B.C. Supreme Court in 2016 and final arguments are scheduled to come to a close today.

Day is an orthopedic surgeon who legally opened the Cambie Surgery Centre in Vancouver in 1996.

He says he opened the centre to create more operating-room time for surgeons who couldn’t get it in public hospitals.

However, the facility has been operating since 2003 in violation of unproclaimed provisions of the provincial Medicare Protection Act.

Joe Arvay told the court on Thursday that Day’s main objective is to cherry pick parts of the Medicare Protection Act after it is abolished. The act requires doctors to opt out of billing the government for work in the public system if they are also earning more money in private clinics.

READ MORE: Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Arvay said a victory for Day would usher in a complicated and expensive administrative regime dependent on public funds for the benefit of physicians wishing to expand private services that would not be regulated by the government.

“The plaintiffs are not seeking to opt out of the public system in its entirety,” Arvay said. “Even in the private market they wish to establish, they would continue to benefit from society’s investment in health-care professionals and public funding of the entire health-care infrastructure.”

Arvay said doctors employed in the public system are known to refer patients to themselves in private clinics where they also work in order to bypass wait times that apply to everyone who can’t afford to pay out of pocket or through private insurance.

He said physicians are paid more money in the private system than they earn in hospitals so they stand to financially benefit twice from such a scheme.

Arvay represents an intervener group that includes two physicians, Canadian Doctors for Medicare, the BC Health Coalition and two patients.

Day maintains that patients who have waited too long for an operation or diagnostic tests in the public system are deprived of timely care and should have a right to private treatment under the Charter of Rights and Freedoms.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Health

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Mental Health: Fractured services leave community to fill gaps

Greater Victoria service providers working together to help youth

Bag containing meat, sewing needles found by dog owner in Cordova Bay

Saanich police don’t believe it’s a trend

UVic creates emergency bursary for students facing hardships due to COVID-19

Students can apply by emailing the financial aid office

Colwood Spring Clean-Up postponed, branch drop-off continues

Strict measures in place for branch drop-off

Saanich teen earns $100,000 commerce scholarship to the University of Calgary

Matias Totz is graduating from St. Michaels University School

‘Hold our line’: 29 new cases of COVID-19 announced in B.C.

Saturday’s number of new cases marks the lowest in weeks.

Two inmates found positive for COVID-19 at federal prison in B.C.; other tests pending

15 staff self-isolating waiting results, refusal to work notice sent, says correctional officer

Critic, workers’ group ‘disappointed’ Trudeau chose Amazon to distribute PPE

Amazon Canada said in an email to The Canadian Press that it is working with Canada Post, Purolator

Full World COVID-19 update: National Guard collect ventilators in New York; Spain, Italy improve

Comprehensive coronavirus update with news from around the world.

Nanaimo’s Harmac mill works to fill doubled pulp order for medical masks and gowns

Mill’s president says extra cleaning in place and workers are social distancing

Two people fined after B.C. police spot online ads re-selling 5,000 surgical, N95 masks

Police confiscated the masks, being sold at inflated prices, and now working with Fraser Health

Unclear if Cowichan couple refusing to self-isolate will face penalty

No fines or charges have been laid to date, including Cowichan couple who won’t self isolate

POLL: Will you be able to make your rent or mortgage payment this month?

With the COVID-19 delivering a devastating blow to the global economy, and… Continue reading

COVID-19: Postponed surgeries will be done, B.C. health minister says

Contract with private surgical clinic to help clear backlog

Most Read