Top Quebec court overturns naturopath’s acquittal and convicts her of manslaughter

Matern visited Javanmardi’s clinic in June 2008 following heart surgery that reportedly did not improve his health.

According to court documents, Matern wanted quick results and insisted that Javanmardi inject him with nutrients despite her telling him the procedure was not done on a first visit.

She eventually acquiesced.

During the injection he complained of being hot and then started shivering. His condition deteriorated rapidly while at the clinic and Javanmardi recommended he get a good night sleep.

Matern’s condition worsened at home and he only went to hospital the following day, when it was too late.

Police who raided Javanmardi’s office following Matern’s death seized vials containing the substance with which she injected him.

Analysis discovered one of the vials contained 9.7 million bacteria when the norm for an injectable product is zero.

The appeals court ruled the lower court did not properly apply the law to the facts of the case.

It highlight several critical elements: the naturopath injected the medication as opposed to delivering it orally; she used the single-dose vial on two previous patients; she derogated from protocol by complying with the demands of a patient; and she didn’t send her patient to hospital despite witnessing symptoms unknown to her.

“The (trial) judge therefore erred by not retaining, from the uncontested facts, that the conduct of the accused is blamable … and meets the criteria of criminal negligence,” the appeals court wrote in its ruling Thursday.

Stephanie Marin, The Canadian Press

by Canadian Press

Top Quebec court overturns naturopath’s acquittal and convicts her of manslaughter

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