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Home » Burlington » Family Demands Change After Son’s Tragic Death in ER
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Burlington

Family Demands Change After Son’s Tragic Death in ER

February 21, 20265 Mins Read
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Family Demands Change After Son’s Tragic Death in ER
WATCH: Ontario family launches lawsuit against Halton Healthcare services after son's death – Jul 26, 2025
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An Ontario family is urging the provincial government to create laws that would limit emergency room wait times for children, following the death of their teenage son after an eight-hour wait for medical attention at a hospital last year.

GJ and Hazel van der Werken, from Burlington, Ont., explained that their 16-year-old son, Finlay, had experienced mild illness and migraines for several days before his health began to decline. Hazel took him to Oakville Trafalgar Memorial Hospital on February 7, 2024.

“We went through the usual emergency department which was crowded with people; the entire corridor was just packed with folks sitting in chairs,” Hazel recalled during an interview on Thursday. “That’s where Finlay was crying out in pain.”

He was triaged promptly, she noted, which gave her hope that he’d see a doctor “at any moment.”

Story continues below

“But the ‘any moment’ turned into eight hours and 22 minutes,” Hazel said.

Click to play video: 'Leaked report shows Ontario emergency room wait times are worsening'

2:08 Leaked report shows Ontario emergency room wait times are worsening

Those eight hours felt like “a constant state of terror,” she said, adding that they later found out Finlay’s oxygen levels were dropping quickly during the long wait. Gradually, he became quieter, she remarked.

“He basically gave up,” GJ shared. “Nobody was helping him.”

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When a doctor finally assessed Finlay, he was diagnosed with hypoxia and pneumonia due to sepsis, according to Hazel. He was intubated and eventually moved to Sick Kids Hospital in Toronto, where machines took over his heart, lungs, and kidneys.

“No improvements were made; it just kept getting worse until the doctor called us in and said there’s no chance of Finlay coming out of this,” GJ stated.

Story continues below

After losing Finlay, the family chose to pursue legal action. They wanted their voices heard about what happened to their son, GJ explained.

“Long wait times seem normal now, but nobody appears to challenge this,” GJ noted. “Since Finlay can’t express his concerns anymore, we feel compelled to speak for him and do whatever we can to stop this from happening again.”

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This year earlier on, the family filed a lawsuit against Halton Healthcare Services-who runs Oakville Trafalgar Memorial Hospital-and other parties involved. The lawsuit claims there was an “inadequate system” ensuring patients like Finlay received timely medical attention and that there weren’t enough staff members monitoring patients in the emergency department.

A statement from Halton Healthcare expressed sympathy for Finlay’s family but indicated they don’t comment on individual patient cases due to privacy concerns.

“Like many hospitals, we are seeing more patients presenting with increasingly complex health conditions and co-morbidities that often require longer stays and more intensive care,” stated Cheryl Williams , executive vice-president of clinical operations and chief nursing officer. “This puts significant pressure on our emergency departments as well as patient flow , bed availability , and overall patient experience.”

Halton Healthcare mentioned they’re actively working on several initiatives aimed at improving patient care including new policies focused on managing patient volume effectively along with communication enhancement.

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But Finlay ’ s story highlights a larger issue within Ontario ’ s healthcare system , Hazel said. The family has listened as others shared similar experiences of losing loved ones due to long hospital waits , which she described as “ unacceptable. ”

The family is requesting a coroner ’ s inquest into Finlay ’ s death , she mentioned. They’re also advocating for what they’ve dubbed “Finlay’s Law”- legislation aimed at establishing maximum emergency room wait times specifically for children while also mandating safe staffing ratios among other measures.

“For Finlay’s triage level , he should have been seen within 15 minutes after being triaged. We are not even close,” said Hazel. “With so many patients-and those requiring high-level triage-it’s not sustainable.. worse than unsustainable; it led directly to Finlay’s death.”

Earlier this week , the family started a petition urging Ontario’s government enact their proposed law which would also push for independent reviews related pediatric deaths occurring in emergency rooms along with improved funding designated specifically towards pediatric urgent care.

“Children aren’t just small adults; they decline more rapidly require specialized dosages equipment while often unable advocate themselves,” reads petition. “Without enforceable standards remain risk strained system.”

When asked regarding family’s proposed law provincial health ministry termed case “deeply tragic unacceptable.”

“Ministry Health expects every hospital uphold highest standard patient care comply requirements under Public Hospitals Act relating response review critical incidents ensure never happen again ,” it stated statement. “We also expect hospitals disclose findings this review impacted patients or families.”

For Finlays family much frustration stems from lack action regarding hospital wait times pointed out Hazel how son’s passing ignited distrust fear toward healthcare system.

“We’re concentrating children right now because that’s where hearts were broken-but it affects everyone. I’m terrified any one us gets sick needs go hospital,” declared Hazel.

“I’m worn out sharing our story. Because if we don’t speak up does problem continue until next time happens?”



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