The family of a man who died of a heart attack last year in a northern Manitoba First Nation community is suing the provincial and federal governments, claiming that his death was preventable and accusing the governments of not providing adequate health-care services.

Lawyers for the family of Tyson McKay, 32, of Cross Lake filed a statement of claim with the Manitoba Court of Queen's Bench on Wednesday morning.

"We miss my brother dearly," his brother, Kelvin McKay, told reporters outside the Winnipeg courthouse.

Tyson McKay died of a heart attack on June 25, 2015. The Cross Lake man had visited a nursing station complaining of chest pain two days earlier, on June 23, and was sent home with antacid and Tylenol, according to a lawsuit being filed in Winnipeg on Wednesday. (Family photo) "Tyson's life was cut short."

Tyson McKay was a member of the Cross Lake Band in the community of Cross Lake, about 500 kilometres north of Winnipeg.

He went to the local nursing station on June 23, 2015, complaining of chest pain, fever and a cough, according to the statement of claim.

The lawsuit alleges that a registered nurse saw McKay and diagnosed him with gastroesophageal reflux disease — more commonly known as acid reflux — and sent him home with Tylenol and an antacid.

McKay's condition worsened and he died of a heart attack in the early hours of June 25, about 31 hours after he saw the nurse, according to the statement of claim.

The statement of claim names the Attorney General of Canada and the Manitoba government, along with the nurse in question and Venture Healthcare, a health professional placement agency that hired medical staff for the Cross Lake station as part of a federal government contract.

While the nursing station is operated by Health Canada's First Nations and Inuit Health Branch, the Manitoba government is also named in the lawsuit because it is responsible for the salaries of staff at the facility, according to the statement of claim.

No answers

The lawsuit accuses the nurse of negligently breaching her duty of care to McKay, alleging that she didn't order further diagnostic tests, didn't have a follow-up plan in place, didn't refer him to a physician on staff and didn't transfer him to Thompson. The city is about 125 kilometres north of Cross Lake by air.

Kelvin McKay said his family has received no answers about what caused Tyson's death "other than it was a heart attack, it was a blood clot that found its way to the heart."

"A simple test like an EKG, [an electrocardiogram], or blood plasma work, or even a medical transport by plane to Thompson, could have saved his life," he added.

The statement of claim alleges that Venture Healthcare, which hired the nurse who saw McKay, was negligent by not knowing the nurse's "limitation of knowledge and experience" and failing to train and properly supervise the people it hires.

None of the allegations contained in the claim has been proven in court. Statements of defence have not been filed at this time.

In a statement to CBC News, Health Canada expressed "sympathy to the family and community of Cross Lake" and said while it takes the situation seriously, the federal department "cannot discuss issues related to individual patients and their care for privacy reasons" and cannot comment on the lawsuit because it's before the courts.

"Health Canada is committed to providing access to quality care in nursing stations and works continually to find ways to ensure quality services and to improve services when issues are identified," the statement reads in part.

"Health Canada is committed to working with First Nations and provincial partners to address the immediate health needs of First Nations communities."

The provincial government and Venture Healthcare were not immediately available for comment.

The plaintiff named on the statement of claim is Sydney Garrioch, a former northern Manitoba grand chief who is McKay's uncle and the administrator of his estate. The Cross Lake Band is supporting the lawsuit.

Garrioch said McKay's death is an example of the lack of quality health care available to people in remote First Nations.

"This death was preventable and I'm sure that we also say it's the negligence on the part of the professionals that were supposed to be providing … health care," Garrioch told reporters.

The family of Tyson McKay file a statement of claim with the Manitoba Court of Queen's Bench in Winnipeg on Wednesday morning. McKay died of a heart attack in a northern Manitoba First Nation. (Jules Runne/CBC)

Stress high at nursing station

According to the statement of claim, McKay's family is seeking damages under the provincial Fatal Accidents Act to cover his funeral and burial expenses and "the loss to Tyson's mother and brother of his guidance, care and companionship," along with other damages to be determined in court.

The family is also seeking constitutional damages and a declaration from the federal and provincial governments that McKay's rights to life and equal treatment under the Canadian Charter of Rights and Freedoms were violated, contributing to his premature death.

The statement of claim alleges that both levels of government failed to provide medical staff "with the knowledge, skill, experience, training, compassion, and/or empathy necessary to address Tyson's medical and other needs," and failed to properly fund and manage the Cross Lake nursing station to the point where staff morale was low.

"Their stress, workload, and absenteeism were high, all of which contributed to having staff working at the nursing station who either could not, or did not want to, properly look after patients in their care," the statement of claim reads in part.

It also alleges that the nursing station did not have enough qualified nurses and doctors.

Kelvin McKay said the family wants to see improved health-care services in remote and northern communities, many of which are served only by nursing stations.

"We need the same level of care that we get in rural communities like Thompson, or in Winnipeg, or even Morden-Winkler. They have … better health care than we do up north," he said.

Kelvin McKay said his brother was a humble man who worked various jobs, including one as a cameraman for the community TV station, and helped host traditional sweat lodge ceremonies.

Tyson McKay also mentored at-risk youth and was very close to his family, including his mother and his six nieces and nephews, his brother said.

In December, the Cross Lake Band and McKay's family called for a government inquiry into premature and preventable deaths of Indigenous people in Manitoba, arguing that a nursing station alone is not enough to provide adequate care for Cross Lake, a community of 8,400 people.