Dr Brian Nadler attacks Hawkesbury Hospital and staff with $20 million lawsuit

Dr. Brian Nadler, the doctor acquitted this week of first-degree murder and criminal negligence for his role in the deaths of four patients under his care, is suing the hospital where he worked at the time of his arrest, accusing staff of making a “sudden, misguided and defamatory decision to involve the police.”

Nadler, his mother Susan Epstein and sister Erica Nadler are listed as plaintiffs in the lawsuit, which was filed in April 2023 while Nadler was still fighting criminal charges against him.

They are seeking damages totalling $20 million from the Hawkesbury and District General Hospital and 21 employees, including the hospital’s then chief of staff and head of the general medical department, for defamation, abuse of power and conspiracy.

In a defense statement filed in April of this year, the defendants deny all accusations made by Nadler and his family.

Nadler was a doctor at the hospital when he was arrested in March 2021 and charged with the deaths of four patients aged 79 to 93.

The civil lawsuit is separate from Nadler’s criminal case, in which he was acquitted Tuesday of all eight charges, including four counts of first-degree murder and four counts of negligent homicide causing death.

Nadler was accused of intentionally overdosing his patients, causing their deaths. He maintained that all of the patients died from COVID-19.

In the lawsuit, Nadler and his family explain how they “suffered from extreme stigma and the hardship of having to live with the burden of responding to these allegations.”

While the criminal charges were pending, the College of Physicians and Surgeons of Ontario suspended Nadler’s medical licence and barred him from practicing.

Nadler claims that police relied on false statements from former colleagues whom he is now suing.

Hospital violates COVID-19 protocol: Nadler

The lawsuit describes how the hospital handled multiple COVID-19 outbreaks in March 2021, with Nadler being designated as the primary physician treating patients who tested positive for COVID.

Nadler said he raised numerous concerns at the time, including that the hospital had violated provincial guidelines and, in some cases, had not adequately isolated COVID patients, exposing other high-risk patients to the virus.

“He believed this was done to free up beds for new patients and reduce the number of patients in isolation” because “the hospital was concerned about the financial consequences” of such action, the lawsuit reads.

At that time, the hospital was struggling with a multi-million dollar budget deficit.

But Nadler says all of his concerns have been ignored. Six of his patients died of COVID-19 in March 2021, and Nadler said that in each case, “their death was inevitable” when he provided palliative care.

He claims his treatment “was in line with palliative care standards of practice” and adds that many hospital staff members, including doctors, nurses and others, knew what medications he prescribed and administered to his patients.

“None of them intervened,” Nadler said in a statement.

Hospital alleges ‘disturbing behaviour’

In their defense statement, the hospital and other defendants say Nadler began exhibiting “troubling behavior” after being admitted to a special COVID-19 unit in March 2021, at the chaotic start of the pandemic.

“He reportedly did not sleep or eat. He sent strange and disturbing emails to doctors,” the defense statement reads.

They say Nadler’s communication at the time “came across as paranoid and aloof.” One colleague noted that he seemed “pressured” and cried.

“Some leaders knew that Dr. Nadler had a history of mental health issues,” the defense statement said.

The defendants claim that hospital administrators met with Nadler to determine whether he needed rest and relief, suggesting that others take on some of the patient care responsibilities.

“Dr. Nadler reassured them and denied offers of help,” the defense statement said.

In a response filed with the court, Nadler denies that he exhibited “troubling behavior” and claims that if he had exhibited such behavior, he would have been immediately discharged from the hospital and would no longer be able to care for patients.

He says accusations about his past mental health issues are “unattributed gossip” that stigmatize mental illness and do not justify calling the police or taking other action against him.

In his statement, Nadler says the defendants are continuing their smear campaign against him “to paint his actions in a negative light.”

Police called as concerns grow

Court documents present different versions of how Nadler was arrested.

Nadler claims it was the actions of an on-duty nurse on the night of March 25, 2021 that ultimately led to his arrest.

He describes in court documents how he treated a patient who was suffering from end-of-life conditions, but a nurse told hospital staff he prevented anyone from entering the patient’s room and “prescribed and/or administered lethal doses of medications.”

These concerns were relayed to senior staff, who then called 911 to report that Nadler “had murdered patients and was in the process of murdering another patient.”

Nadler claims that at no point were these issues brought to his attention and staff made no attempt to intervene.

“None of them attempted to reverse the effects of any of the medications prescribed by Dr. Nadler,” his statement reads.

That evening, police arrested Nadler and charged him with the patient’s murder.

“What is disturbing is that Patient #6 was still alive when Dr. Nadler was charged with their murder,” according to his statement. He later describes how the patient died of COVID-19 the next day.

Nadler says the escalation was “unprecedented, unfair, deliberately misinformed, and actionable,” and describes the nurse’s assessment of his actions as uninformed.

The hospital and other defendants say there were “immediate concerns” he may have harmed patients on the evening of March 25, 2021.

Staff reported that the physician over-prescribed potentially lethal medications to patients, communicated aggressively with nursing staff, administered medications himself and refused to allow nursing staff into a patient’s room.

“The hospital found that there were significant concerns about Dr. Nadler regarding his treatment of patients, his medication dosing, his interactions with staff and nurses, and his conduct,” the defense statement said.

Another doctor who was at home at the time and was receiving these reports decided to go to the hospital “urgently.” In a rural area where there was no security on site, this doctor also decided to call the police.

“It was determined that staff should not confront Dr Nadler without police support to minimise risk to staff, patients or Dr Nadler,” the defence said.

Police arrested Nadler in connection with the deaths of four patients under his care.

Nadler says the hospital was pleased with his care until the “sudden, misguided and defamatory decision to involve the police.”

He claims that staff asked to “engage in a confrontation with Dr Nadler” and “it is impossible to understand why he was considered such a threat that police intervention was necessary.”

Nadler alleged that each defendant intentionally provided, or caused others to provide, “false, misleading, inaccurate” statements and information to police in order to harm him.

None of the accusations made by either side have been tested in court.

Nadler’s attorney, Jordan Goldblatt, declined to comment “while the allegations in his lawsuit are before the Court.”

CBC also contacted legal representatives and staff at Hawkesbury Hospital but did not receive a response.

Although a criminal jury found Nadler not guilty earlier this week, the prosecution said in the case that it reserves the right to appeal pre-trial rulings that excluded certain evidence and seek a new trial.