Dialogue Volume 11 Issue 1 2015 | Page 66

discipline summaries professional. Dr. Woollam pleaded no contest to the allegations. The Discipline Committee also found that Dr. Woollam has been found guilty of an offence that is relevant to his suitability to practice. Dr. Woollam admitted to this allegation. Dr. Woollam was criminally charged on October 16, 2009, with sexual assault against Patient A, contrary to section 271 of the Criminal Code. He was convicted on November 24, 2010. Dr. Woollam received a 12-month conditional sentence, followed by probation for a term of one year. Dr. Woollam’s practice has been restricted to male patients since January 5, 2011. Dr. Woollam unsuccessfully appealed the decision to the Divisional Court and to the Court of Appeal for Ontario. A panel of three judges of the Court of Appeal issued their reasons dismissing leave to appeal on November 21, 2013. At the time of the incident in June of 2009, Patient A was 21 years old. She had been a patient of Dr. Woollam’s since 2005. Patient A’s medical issues included psychological issues of low self-esteem and depression. She also had kidney stones and ovarian cysts around the time of the incident. During a followup examination with respect to her cysts, Dr. Woollam palpated her upper abdomen and checked her ovaries. He then began rubbing her stomach and talking to her. Dr. Woollam put his hand under her pants and underwear and began moving his fingers in a back and forth motion on her labia and clitoris. Dr. Woollam also touched her breast under her bra. Patient A described being scared and silent. Dr. Woollam told her that he was attracted to her and asked if she wanted to take things further. Patient A indicated that she did not and Dr. Woollam apologized repeatedly. Patient A told Dr. Woollam that he had crossed the line. Reasons for Penalty It was submitted by College counsel, and not disputed by counsel for Dr. Woollam, that the actions involved masturbation of the patient, and therefore revocation of Dr. Woollam’s certificate of registration was mandatory pursuant to section 51 (5) of the Code. The Committee did not consider it necessary to decide whether 66 the acts in question constitute masturbation of the patient. The Committee accepted the joint submission that this was a case for revocation of the member’s certificate of registration. In assessing the appropriateness of the penalty, the Committee assessed the aggravating and mitigating factors. This was sexual misconduct which was intentional and carried out under the guise of a medical examination. The victim was considerably younger than Dr. Woollam, had a long-term trusting relationship with him, and consequently, was in an extremely vulnerable position. The impact of Dr. Woollam’s actions on her was significant. She described in her victim impact statement the profound loss of trust in physicians for both herself and her family, the impact on her professional activities and on her relationships with men, including those whom she had previously trusted implicitly. Notwithstanding the seriousness of the actions of Dr. Woollam, the Committee is aware that the action constituted a single act of professional misconduct by a physician with no previous record with the College. In addition, Dr. Woollam saved the complainant from having to testify again before the Discipline Committee, and saved the College the expense of a contested hearing. The proposed penalty met the principles that are applied to penalty decisions. Revocation of the physician’s certificate of registration serves the purpose of both protecting the public and maintaining the public’s confidence in the profession and its ability to govern itself. It should also act as a significant deterrent for the profession in general. The reprimand expresses the profound abhorrence of the profession for such actions which undermine the trust that patients must have in their physician, including when they are undergoing intimate examinations. The provision of funding for therapy allows for a limited degree of restitution to be made by Dr. Woollam if the complainant requires therapy. Finally, Dr. Woollam’s absence from practice allows him a period for potential rehabilitation. The Committee found that this was an appropriate case for it to exercise its discretion to award costs to Dialogue Issue 1, 2015 Issue1_15.indd 66 2015-03-19 11:18 AM