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