A class-action lawsuit alleges that an Alberta hospital at the centre of a sterilization scandal was negligent in failing to ensure that instruments used on patients were properly cleaned.

Richard Mallett, a lawyer for the Edmonton law firm of James H. Brown and Associates, confirmed Friday that a statement of claim has been filed on behalf of a woman who lives in the County of Two Hills. But he estimated that more than 3,000 people could be eligible to file claims.

The lawsuit, which names St. Joseph's General Hospital and the East Central Health Region as co-defendants, says Patty-Lou Mihalcheon received treatment at the hospital in Vegreville last August.

"The plaintiff, while a patient of the hospital, was examined and underwent wound care and suturing with respect to prior hip and knee surgery … during which procedure equipment and instruments were used which had not been properly sterilized," alleges the statement of claim.

The claim alleges the hospital "failed to satisfy the standard of care and breached its duty of care to the patients" by not properly maintaining and sterilizing the equipment. It also alleges the hospital didn't properly sterilize water, sufficiently train staff or warn patients quickly enough — if at all — about the risks they may have been exposed to between April 1, 2003 and last March 12.

"They went through various types of procedures from tonsillectomies to internal scoping-type procedures to wound care and other procedures and … were exposed to unsterilized instruments and were at risk of serious infection," Mallett said in an interview.

None of the allegations has been proven in court and no statement of defence has been filed.

Patients potentially exposed to blood-borne illnesses from the unsterilized instruments have gone through repeated testing since the hospital's problems became public last spring, Mallet said.

"[They've gone through] a significant amount of distress, humiliation and anxiety as a result of this."

The statement of claim suggests the hospital's actions have resulted in "pain and suffering, nervous shock, mental distress and loss of income … and enjoyment of life."

It also suggests patients face future medical costs and out-of-pocket expenses.

The 25-bed hospital had to be closed in March for several weeks to all but emergency patients after reports surfaced that instruments were being recirculated with flecks of blood and dead tissue on them. There was also concern over an antibiotic-resistant superbug.
  
The lawsuit is being filed for two main reasons, said Mallett.

"Accountability for the health region, to ensure that this doesn't happen to others, and to ensure they're accountable for what happened to people who attended this particular hospital," he said.

Mallett also said a class action is necessary because individuals don't have the financial resources or expertise to take on a large and well-funded health region.