Union of B.C. Indian Chiefs denied access to medical records in transplant discrimination case

The Union of B.C. Indian Chiefs (UBCIC) has been fighting for justice for Indigenous patients who they believe have been unfairly discriminated against in the provincial health system’s liver transplant policies. The UBCIC alleges that Indigenous individuals are being denied access to life-saving liver transplants based on their race, ancestry, and physical disabilities.

In a recent ruling by the B.C. Human Rights Tribunal, the UBCIC’s request for access to the medical records of affected patients was denied. The tribunal emphasized the importance of patient confidentiality, stating that medical information should not be disclosed without the patient’s consent except in limited circumstances where there is a paramount reason to do so.

The UBCIC’s human rights complaint is directed at the Provincial Health Services Authority, the Vancouver Coastal Health Authority, and the British Columbia Transplant Society. In British Columbia, patients seeking a liver transplant must abstain from alcohol for six months and are assigned a Model for End-Stage Liver Disease (MELD) score to determine their likelihood of survival after treatment.

The UBCIC argues that these policies have disproportionately impacted Indigenous individuals, preventing them from receiving the medical care they need. While the health authorities claim that only around 30 people have been affected, the UBCIC believes there are more individuals who have been unfairly denied access to liver transplants.

The UBCIC requested access to patients’ medical records to prepare their case, but the tribunal ruled against it, citing concerns about protecting patient privacy. The UBCIC proposed redacting patients’ names and personal identifiers to safeguard their identities, but the tribunal expressed doubts about the effectiveness of this measure.

Despite the setback, the UBCIC can still obtain patients’ medical information if they opt in or out of participating in the class complaint. The case will continue, and the health authorities have been instructed to inform affected patients about the ongoing human rights complaint.

The struggle for justice in the healthcare system continues, and the UBCIC remains committed to advocating for the rights of Indigenous patients who have been unfairly treated.