Photo: Obituary photo

Ayla Loseth died in 2022 and her care is the subject of a Notice of Civil Claim.

The parents of an Okanagan girl who died at Kelowna General Hospital in 2022 are suing the doctors they allege were slow to act and, ultimately, negligent in their child’s care.

Ayla Loseth, 9, died from sepsis due to a streptococcus infection and her parents Christine and Brady Loseth claim it was preventable in a document filed in court last month.

“Their world as they knew it was shattered. Chrissy and Brady Loseth lived through every parent’s worst nightmare. Knowing that steps could have and should have been taken much earlier to prevent their daughter’s death, is an experience no parent should have to endure," their lawyer Keri Grenier said in a statement.

"And, while the lawsuit won’t bring Ayla back, it will provide answers on where our medical system failed them and hopefully it will motivate our government, health authorities, and everyone involved to implement important changes so that other families don’t have to suffer the same tragic outcome.”

The Notice of Civil Claim details three days of events where a network of doctors and nurses delivered the nine-year-old’s treatment. In hour-by-hour detail, they allege symptoms were missed, treatments fell short of set standards and their ultimately valid concerns about the child's health were brushed off.

None of these allegations have been proven and Interior Health has yet to file a response to the claim that was filed Nov. 22, nearly two years from when the Loseths' tragedy occurred.

According to the timeline provided, it was around 10 a.m. Nov. 26, 2022, when Christine Loseth brought Ayla to Kelowna General Hospital’s emergency room.

The child had suffered a fever for three days and couldn’t keep food or liquids down. She had lost 10 pounds in less than a week and was suffering from a headache, sore throat, stomach cramps, nausea and vomiting, a rash and full body pain.

Upon intake, she was administered an IV for hydration and given some anti nausea medication, according to the document. By 1:30 p.m. that day, while still in care, she broke out in a rash on her chest, stomach and back, and her temperature had risen to 38.1 C.

“Prior to discharge, throat swabs were collected for COVID, influenza, and respiratory viruses. Ayla’s mother, Christine also requested that testing be done for scarlet fever/strep,” the document reads.

“A bacterial throat swab was done. A rapid strep test was not performed.”

Ayla was discharged from the hospital at 3 p.m. that day.

Ayla’s condition continued to worsen and at 10:45 a.m. on Nov. 28 she was brought back to the emergency department at KGH with both of her parents.

“She could not walk, was visibly very ill and writhing in pain,” the claim reads.

She still had a temperature and her heart rate was rapid. Among other symptoms, her eyes were both swollen and red, she couldn’t stand and was confused.

“The triage nurses failed to: take Ayla’s blood pressure, provide a Canadian Triage and Acuity Scale score which would indicate the level of urgency of care that Ayla required, follow-up on Ayla’s bacterial swab test results from Saturday, initiate NIBDOS bloodwork, conclude that she met the Canadian Pediatric diagnostic criteria for severe sepsis, arrange for an immediate assessment by a physician and generally failed to recognize the urgency of Ayla’s deteriorating life-threatening condition,” the Loseths allege in the claim.

Despite her condition, it took an hour to be seen by a doctor.

This doctor did an exam, but the Loseths said she also failed to take the girl’s blood pressure, follow up on bacterial swab tests from Saturday and review her blood work.

They allege she should have met the Canadian Pediatric diagnostic criteria for severe sepsis, and the doctor failed to see that or arrange for an immediate assessment by a pediatrician in what turned out to be a life-threatening condition.

It was around around 12:24 p.m. when blood work was ordered and that confirmed that Ayla had a bacterial infection.

“These lab results, in combination with her presentation should have been alarming to everyone involved in Ayla’s care and further confirmed she required urgent and immediate antibiotics, fluids and transfer to BC Children's Hospital,” the claim said.

Instead, they said a medical student was called in, who recognized the girl was deteriorating. She was prescribed antibiotics but it took 1.5 hours for it to be administered.

It was 5:34 p.m. when another doctor came in and “immediately recognized the seriousness of Ayla’s condition.”

“Ayla was immediately diagnosed with sepsis and transferred to a trauma bay,” the statement of claim reads.

This is the only doctor in the chain of care not named in the suit and highlighted for allegedly failing to act in accordance to set standards.

Less than an hour later, there was an effort to transfer Ayla to BC Children’s Hospital because she was critically ill. The ambulance didn’t leave until 11:30 p.m. according to the claim. As her condition worsened, they turned back and at 1:15 a.m. Nov. 29, Ayla was admitted to the KGH ICU.

She died less than two hours later.

“It was the responsibility of the (10) defendant doctors to treat Ayla with the degree of care, diligence, judgment and skill which is exercised by normal, prudent or reasonable physicians under like or similar circumstances and with the same experience and training so as not to injure Ayla or the Plaintiffs,” the claim reads.

“The defendant doctors knew or ought to have known that failure to treat Ayla appropriately could result in permanent injury or death to Ayla and injury to the plaintiffs.”

The Loseths also include the ministry of health and health authority, alleging the latter “repeatedly ignored and (brushed) off (their) concerns about the severity of their daughter’s condition.”

Since the time, the Loseths have suffered emotional trauma and stress and are seeking undisclosed damages.

On the two year anniversary of her death, Ayla's family paid tribute to her.

"Not a day goes by, nor a moment pass, where you are not in our hearts and on our minds; your laugh, your smile, your beautiful spirit. Bouncing off the walls in blissful jubilee, singing country tunes and Christmas carols, preparing for the time of year you loved so dear," the online tribute read.

"We wonder where you'd be today, and who you'd grow to be. You would still be you so kind and good, but you'd have grown so much; to us you'll be forever nine."

There is a memorial bench at Gellatly Nut Farm that bears her name and a tree has been dedicated to her at Julia's Junction playground.

In a statement Interior Health said their "thoughts are with the family, friends, and all those affected by the tragic loss of a young child. As this matter is before the courts, and to respect privacy laws, we are not able to comment further."