Dialogue Volume 12 Issue 4 2016 | Page 67

discipline summaries propriate physical examinations , it was the opinion of the Committee that Dr . Dobrowolski is ungovernable . Dr . Dobrowolski ’ s ungovernability was also demonstrated by the fact that he had been under a Court Order dated December 20 , 2005 not to conduct any form of physical examination on any of his patients . Despite that Order , Dr . Dobrowolski repeatedly conducted physical examinations on his patients between December 20 , 2005 and October 11 , 2012 . As a result of his misconduct , Dr . Dobrowolski brought shame to not only himself but also to the profession as a whole . The Committee wished to send a message in the strongest of terms to both the public and to the medical profession that sexual exploitation and abuse of patients will never be tolerated . It was therefore the Committee ’ s opinion that the only penalty sufficient to address the gravity of Dr . Dobrowolski ’ s professional misconduct , while simultaneously protecting the public , was revocation of Dr . Dobrowolski ’ s certificate of registration . He had shown himself to be unworthy of the privilege of practising medicine . Given the evidence before it , including the repetitive nature of the misconduct involving numerous female patients that occurred over a period of 25 years , the Committee found that Dr . Dobrowolski was a poor candidate for rehabilitation . There was no assurance that he would not reoffend if he did not have his certificate of registration revoked . The awarding of costs for a single day at the tariff rate was requested by both parties and , in this case , the Committee found that to be appropriate . The Committee fully recognized that the tariff rate only partially reimbursed the College for the actual costs incurred in conducting the hearing . A public reprimand was not only mandatory under the Code in cases where sexual abuse of a patient has been proven , but it also served as an appropriate way to express the profession ’ s abhorrence of Dr . Dobrowolski ’ s professional misconduct . In addition , the reprimand would convey to Dr . Dobrowolski , the public , and his patients whom he had harmed , that the Committee abhorred his behaviour . In summary , the Discipline Committee ordered the revocation of Dr . Dobrowolski ’ s certificate of registration , a public reprimand , reimbursement to the College for funding provided to those patients in respect of whom this panel has found Dr . Dobrowolski to have engaged in sexual abuse , under the program required under section 85.7 of the Code ; an irrevocable letter of credit or other security to guarantee the payment of any amounts he may be required to reimburse under the program in the amount of $ 449,680 ; and payment of costs to the College in the amount of $ 4,460 .
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 .
DR . JOHN EDWARD ESMOND
Practice Location : Mississauga Area of Practice : Family Medicine
Hearing Information : Agreed Statement of Facts , Admission , Joint Submission on Penalty
On December 18 , 2015 , the Discipline Committee found that Dr . Esmond committed an act of professional misconduct , in that he failed to maintain the standard of practice of the profession and 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 . Esmond admitted to the allegations . On July 31 , 2013 , the College received a letter from the Office of the Chief Coroner notifying the College of the death of a patient of Dr . Esmond . The Coroner raised concerns with respect to the care provided by Dr . Esmond , including the dose of morphine prescribed prior to the patient ’ s death . This information led the College to initiate an investigation into Dr . Esmond ’ s practice . The College retained a Medical Inspector , Dr . X as part of its
Full decisions are available online at www . cpso . on . ca . Select Doctor Search and enter the doctor ’ s name .
Issue 4 , 2016 Dialogue 67