Dialogue Volume 11 Issue 1 2015 | Page 63

discipline summaries DR. ANDREW SAI-CHAK SHUM Practice Location: Toronto Area of Practice: General Practice Hearing Information: Agreed Statement of Facts and Admission, Joint Submission on Penalty On September 11, 2013, the Discipline Committee found that Dr. Shum committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession. The Committee also found that Dr. Shum is incompetent. Dr. Shum admitted the allegations. Dr. Shum’s infection control procedures and his maintenance of equipment in performing urologic procedures did not meet the standard of practice of the profession. He displayed a lack of both judgment and knowledge regarding what is required to safely practise invasive procedures in the ambulatory care setting. His multiple reprocessing and practice breaches put patients at risk of bacterial and viral cross-colonization or infections. Multiple deficiencies were identified in Dr. Shum’s urologic practice, including with respect to prostate biopsy and cystoscopy, prostate cancer care, microscopic hematuria evaluation, and management of urethral stenosis including urethral dilatation. Dr. Shum failed to meet the standard of practice of the profession in his family practice with respect to record keeping and displayed a lack of knowledge with respect to various types of preventative screening. Dr. Shum’s practice exposed patients to potential risk of harm. On September 19, 2012, the Inquires, Complaints and Reports Committee ordered and directed the Registrar to suspend Dr. Shum’s certificate of registration, without notice, under s. 37(6) of the Health Professions Procedural Code. He has not practised medicine since that date. Reasons for Penalty In considering the nature and circumstances of the findings of professional misconduct, the Committee agreed with counsel for the College that this is an egregious case of clinical failure in infection control, urological procedures and management, and perfor- mance as a family physician. With respect to his urological practice, according to the expert witnesses, Dr. Shum failed to adequately diagnose and treat prostate cancer, his biopsy procedures were out of date and there was no evidence that he made any effort to keep current in his practice. He exposed his patients to risk of harm by failing to make the proper diagnosis, and by subjecting them to delays in diagnosis and proper care. With respect to his family practice, the Committee heard evidence from a family physician who acted as an assessor for the College, that Dr. Shum exposed his patients to risk, in that he failed to provide proper preventative screening, failed to highlight drug allergies, and failed to provide proper and complete care to diabetic patients. The Committee accepted the evidence that there was an inappropriate use of antibiotics, lipid lowering agents, blood pressure medication and osteoporosis medication. He failed in all these areas of his practice, repeatedly failing to maintain clinical standards and failing to exercise proper skill and judgment. Dr. Shum’s shortcomings were fundamental and profound. The Committee accepted the submissions of counsel that these failings call for the penalty of revocation. In considering aggravating factors, the Committee considered the scope and nature of the misconduct and the repeated shortcomings in Dr. Shum’s practice (failing to maintain standards of practice or the profession in infection control, failing to maintain and keep up to date in the standards of urology and family practice, exposing his patients to harm and putting their health and safety in jeopardy). In considering mitigating factors, the Committee considered that Dr. Shum had: •  o previous disciplinary history with the CPSO of N professional misconduct; •  dmitted the facts of his misconduct in the Agreed A Statement of Facts and Admission submitted to the Committee; •  pared witnesses from having to testify and saved the S College the costs of a long hearing; •  howed insight and expressed remorse in admitS ting his incompetence and accepting the proposed penalty; and •  oluntarily agreed that he would stop doing invasive V Issue 1, 2015 Dialogue Issue1_15.indd 63 63 2015-03-19 11:18 AM