What does this mean ? We provide definitions for the legal terminology used in the discipline process
discipline summaries
where the injection had taken place . In addition , Dr . James made inaccurate statements to the College during their investigation about advising Patient A ’ s attending physician to obtain a neurological consultation . ii ) Patient B ’ s first consultation and treatment with Dr . James occurred in June 2012 to treat debilitating back pain . He proceeded to administer a lumbar steroid injection to Patient B that day and again in July and August 2012 . In September 2012 , Patient B was taken to the hospital with fever , confusion and lower back pain .
Patient B spent several days in the emergency , and was ultimately admitted to as an in-patient . The working diagnosis in respect of Patient B was an epidural abscess secondary to direct skin infection from the epidural injections . It was confirmed that Patient B had a positive blood culture for Staph aureus .
In addition , Dr . James made inaccurate statements to the College during their investigation about his interactions with the hospital .
The College retained Dr . O to provide an opinion in respect of the care and treatment provided by Dr . James to Patients A and B . He opined : “ In summary , it is my opinion that Dr . James has demonstrated a lack of knowledge , lack of judgment and lack of skill in providing care to [ Patient B ] and [ Patient A ]…. His non adherence to appropriate aseptic technique in
What does this mean ? We provide definitions for the legal terminology used in the discipline process
Admission The physician admits that the facts alleged amount to professional misconduct and / or incompetence .
Plea of No Contest The physician does not contest the facts . The College files a statement of facts as an exhibit at the hearing . The Discipline Committee can accept the facts as correct and make a finding of professional misconduct and / or incompetence . The physician does not admit to the facts or findings for the purpose of any other proceeding .
Agreed Statement of Facts A statement of facts that are negotiated and agreed to by the College and the physician . It is filed as an exhibit at the hearing .
Joint Submission on Penalty A penalty that is proposed to the Committee as an appropriate penalty by both the College and the physician . In law , the Discipline Committee must accept a joint submission on penalty unless it would be contrary to the public interest and bring the administration of justice into disrepute .
Contested Hearing The physician denies the allegations . The College must prove the allegations on a balance of probabilities ( the civil standard of proof ) by calling evidence such as witnesses . If one or more of the allegations is proved , a penalty hearing is scheduled . The College and the physician may agree and jointly propose a penalty to the Committee or they may disagree and a contested penalty hearing takes place .
Aggravating , Mitigating Circumstances Aggravating and mitigating circumstances may be considered by the Discipline Committee in determining an appropriate penalty . Mitigating and aggravating circumstances are considered by the Committee , so that the penalty imposed is proportionate to the gravity of the physician ’ s conduct , and the degree of responsibility of the physician . Mitigating circumstances tend to reduce penalties , whereas aggravating circumstances tend to increase penalties .
Aggravating circumstances could include : a high degree of vulnerability of the person ( s ) affected by the physician ’ s conduct ; a prior disciplinary history with the College ; a lack of insight by the physician into his or her own misconduct ; a lack of remorse about the effects of the misconduct on others .
Mitigating circumstances could include : a clean disciplinary record ; an admission to the facts underlying the allegations in advance of a hearing ; cooperating with the investigation ; a demonstration of remorse or regret about the effects of the misconduct on others ; taking remedial steps on the physician ’ s own initiative prior to a finding or an order by the College .
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Dialogue Issue 1 , 2017