Withheld medical records from Crown after daughter died
Seeks law society's approval to begin
her legal practice
Aug. 15, 2006. 01:00 AM
STEVE RENNIE
STAFF REPORTER
Sharon Shore admits she made a
"terrible" mistake but says it shouldn't stop her from practising law.
Yesterday, Shore began what's expected to be several days of testimony at
an admissions hearing held by the Law Society of Upper Canada.
The big question before the hearing's three-person panel is Shore's
character — specifically, whether her decision to withhold a three-page
neurologist's note from a prosecutor, after criminal charges were laid against
two Toronto nurses following the 1998 death of her 10-year-old daughter Lisa,
casts enough doubt on her character to disqualify her from practising law.
Yesterday, Shore, 50, took full responsibility for her actions.
"It was a terrible mistake and it never should have happened," she said.
"I still have trouble believing I did something like that, but I did and I have
to live with that."
Shore and her lawyers argued that while the circumstances surrounding
Lisa's death may have clouded her judgement at the time, her actions don't erase
a lifetime of good character.
Shore's lawyer, Benjamin Zarnett, brought up his client's "unblemished"
employment and academic history, calling her a "model of integrity and candour."
Zarnett also cited instances in which others have been accepted by the
law society despite dubious pasts, ranging from prior perjury convictions to
sexual assaults.
"This is a far more compelling case for admission than any of those,"
Zarnett said.
Lisa Shore broke her leg in a school yard accident on Feb. 11, 1998. She
visited the Hospital for Sick Children two days later, the first of several
visits over the next nine months because the toes poking out of her full-leg
cast seemed to be changing colour. Lisa's leg was re-cast and the pain subsided.
But less than two weeks later, Shore said Lisa woke up, "screaming in
pain" and was rushed back to the Hospital for Sick Children, where she was in
and out through most of March and April of 1998. Shore said the doctors told her
Lisa's pain was "in her head."
Wanting a second opinion, the Shores found a hospital in Boston, where
doctors diagnosed Lisa with Reflex Sympathetic Dystrophy Syndrome, a
neurological disorder where the pain from an injury, often a broken bone,
remains after the injury has healed.
From all accounts, Lisa's pain was under control for most of the summer
of 1998. She went to day camp all summer and "had her life back," Shore said.
Lisa's pain returned in late September 1998 after she apparently
over-exerted herself at school during a Terry Fox run. Shore said she called
Sick Kids in Toronto, but was told the soonest they could see Lisa was Oct. 9.
So, the Shores drove Lisa to Boston for treatment.
During Lisa's three separate outpatient visits in late September and
early October, she met with a neurologist. At the hearing, Shore described the
neurologist as "brusque" and "discourteous."
The Shores returned to Toronto, but on Oct. 21, Lisa was once again
admitted to the Hospital for Sick Children when her pain intensified.
Emotion choked the volume from Shore's voice yesterday as she talked
about the last day of her daughter's life. Shore had spent the night in her
daughter's hospital room, but awoke to a frenzy of doctors and nurses trying to
revive Lisa. Shore recounted how Lisa died unexpectedly on Oct. 22, 1998 after
being administered morphine.
"And she was gone," Shore said.
Shore said an autopsy failed to reveal the cause of Lisa's death. Wanting
an explanation, Shore wrote to the Children's Hospital in Boston requesting
records from Lisa's last visit in September and October of 1998 and received
eight pages, including the three from the neurologist.
Shore said she didn't think the neurologist's report accurately reflected
Lisa's medical condition, so she threw it away.
At a coroner's inquest, launched in November 1999, the jury deemed the
10-year-old's death a homicide. Charges of criminal negligence were laid in
October 2001 against two nurses at the Hospital for Sick Children, Ruth Doerksen
and Anagaile Soriano.
Assistant Crown attorney Hank Goody asked Shore for all of Lisa's medical
records from the Boston hospital during the proceedings. Shore requested and
received the records and turned them over to Goody — without the neurologist's
note. "I can't answer to you why I did it," Shore told the panel.
But she said the guilt of her decision weighed on her, gnawing away until
she finally "came clean" and admitted her mistake of not providing the
neurologist's records to Goody or to the detective investigating whether the two
nurses were criminally culpable in Lisa's death.
In her April 2003 witness statement, Shore said, "I wanted to protect
Lisa because nobody cared. So I threw that doctor's report out. That's it."
The criminal charges against the two nurses were withdrawn in May 2003,
partly because Shore failed to hand over the neurologist's report.
At the College of Nurses of Ontario, the two nurses each pleaded guilty
to a single count of professional misconduct related to Lisa's care and received
one-month suspensions.
The hearing continued today and is expected to last most of the week.