Dialogue Volume 10 Issue 4 2014 | Page 75

discipline summaries Maharajh examined Patient A’s ears, nose and throat. He told Patient A that she likely had a viral infection. Dr. Maharajh next began examining Patient A’s chest with his stethoscope. He asked her to take deep breaths, with her head turned sideways towards the wall. At this point, Patient A was lying on the exam table with her left arm under her head. The wall was on her left hand side, and Dr. Maharajh was standing to her right. She was not wearing a gown. Dr. Maharajh instructed Patient A to breathe deeply, and he placed the head of the stethoscope on her chest. He listened to both lung fields. At this point in the examination, Patient A felt something odd on her right nipple. She noticed that Dr. Maharajh’s head was close to her chest. She felt something warm and pinching on her nipple. Dr. Maharajh instructed Patient A to breathe and then quickly put his lips on her nipple. This occurred three times. Patient A saw Dr. Maharajh cupping her nipple with his mouth and said, “What are you doing?” Dr. Maharajh stood up and said “Nothing.” He then proceeded to examine both breasts of Patient A. Patient A asked Dr. Maharajh whether he found anything unusual and Dr. Maharajh said that he did not. Dr. Maharajh disclosed to the College during a settlement discussion that between approximately 2005 and 2011, he engaged in conduct that was similar to the inappropriate conduct engaged in with Patient A, with approximately 10 to 12 other female patients. For each of these 10 to 12 patients, Dr. Maharajh acknowledged that he either placed his mouth on the patient’s breast, or he rested his cheek lightly on the patient’s breast. Dr. Maharajh did not recall the identities or details of all these patients and none of the estimated number of patients made a complaint to the College. Reasons for Penalty The Committee was particularly concerned about the repeated nature of Dr. Maharajh’s actions over an extended period of time with a number of female patients. Further, the Committee was not persuaded that he has taken responsibility for his actions. The Committee heard evidence from Dr. Maharajh about his childhood challenges and family dynamic issues and other stressors that he said led to his need for comfort, and that exacerbated his difficulties. However, the Committee viewed this testimony as offering excuses for his behaviour, rather than as an acceptance of responsibility for it. Dr. Maharajh also testified that his obsessive compulsive disorder played a role in the sexual abuse. However, his psychiatrist, Dr. B, testified that it did not. In fact, Dr. B’s assessment of Dr. Maharajh when he began treating him was that his obsessive compulsive disorder was in remission. The Committee concluded that Dr. Maharajh