Dialogue Volume 12 Issue 3 2016 - Page 49

discipline summaries DR. BERTRAM WING KING Practice Location: Toronto Practice Area: General Practice Hearing Information: Statement of Agreed Facts, Plea of No Contest, Joint Submission on Penalty On October 14, 2015, the Discipline Committee found that Dr. Wing King committed an act of professional misconduct, in that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Wing King did not contest the allegation. Patient A first attended Dr. Wing King’s medical practice in 2012 and returned for a total of five medical appointments between 2012 and 2013. She attended on Dr. Wing King in the fall of 2013 for treatment of a facial rash. Dr. Wing King prescribed a cream for treatment of the rash. Patient A returned for her scheduled follow up appointment one week later. During that appointment, Dr. Wing King noted that the patient’s facial rash was resolving and he provided reassurance in this regard. Patient A was concerned about the possibility of permanent scarring on her face. At the conclusion of the appointment, Dr. Wing King kissed the patient on the forehead and commented, “You look pretty now.” His conduct was at all times intended to be supportive of Patient A. Patient A reported that the kiss was “fatherly” but that it was inappropriate in the context of a medical appointment. Patient A did not return to see Dr. Wing King. Reasons for Penalty The Committee considered the joint submission and determined that the proposed penalty order was appropriate. It satisfied the elements of: specific and general deterrence, denunciation of the misconduct, protection of the public, maintenance of public confidence in the profession’s ability to self-regulate in the public interest, and rehabilitation of the physician. The reprimand reinforces the profession’s values and standards, and expresses the need for members to observe and respect behavioural boundaries in the doctor-patient relationship. The penalty serves as specific deterrence to Dr. Wing King and as general deterrence to members of the profession generally by sending the message that making a comment about the appearance of a patient and kissing her is not acceptable. The re quirement to participate in a boundaries course and the reprimand serve to protect the public. The hearing itself, the reprimand, and the term, condition and limitation imposed on Dr. Wing King’s certificate of registration, all serve to uphold the principle of self-regulation and the values of the profession and meet the need for appropriate remediation. The Committee considered a number of mitigating factors in this matter: Dr. Wing King has practised for over four decades with an unblemished record; his pleading no contest saved the complainant from testifying and the College the expense of a lengthier hearing; and he voluntarily registered for the boundaries course. The Committee took into account that a number of colleagues provided powerful testimonials; and through counsel, Dr. Wing King expressed his embarrassment and contrition, indicating he looked upon the hearing and its consequences as an opportunity for him to learn to be vigilant in observing boundaries in his relationship with his patients. The Committee also decided that this was an appropriate case to order that Dr. Wing King pay costs for a single day of hearing at the tariff rate. In summary, the Discipline Committee ordered: a reprimand, a course on Understanding Boundaries, and payment to the College of $4,460 for hearing costs. Order For complete details of the Order, please see the full decision at www.cpso.on.ca. Select Doctor Search and enter the Doctor’s name. At the conclusion of the hearing, Dr. Wing King waived his right to an appeal and the Committee administered the public reprimand. Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. Issue 3, 2016 Dialogue 49