Dialogue Volume 13 Issue 2 2017 - Page 67

discipline summaries ed it by altering the patient chart of the original complainant and then lied about doing so. Dr. Ng’s dishonesty and disrespect for the authority of the College are totally unacceptable. The Committee found that aggravating factors in Dr. Ng’s case include the multiple areas of clini- cal practice in which Dr. Ng failed to maintain the acceptable standard of practice, and his repeated failures to meet this standard despite the opportunity provided to him to correct his deficiencies regarding cleanliness and infection control. The Committee found that Dr. Ng’s dishonesty in responding initially to the College investigation was a further aggravating factor. Dr. Ng has no previous disciplinary history with the College. The Committee recognized that Dr. Ng did not contest the College’s allegations of profes- sional misconduct and incompetence with respect to infection control procedures. Doing so avoided a contested hearing. Dr. Ng signed an undertaking to resign from the College and never to re-apply to practise medicine in Ontario or in any other jurisdiction. The Committee found that, in light of the facts and circumstances outlined above, Dr. Ng should not be permitted to continue to practise. His multiple failings and deficiencies have continually placed his patients at risk. The Committee was satisfied that Dr. Ng’s under- taking to resign from the College and never re-apply to practise medicine in this or any other jurisdiction will ensure that the public is protected. If Dr. Ng had not undertaken to resign, the Committee would have concluded that revocation of his certificate of regis- tration would be the appropriate penalty. In summary, the Committee ordered and directed that Dr. Ng appear before the panel to be repri- manded and pay to the College costs in the amount of $4,460. At the conclusion of the hearing, Dr. Ng waived his right to appeal and the public reprimand was administered. 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. Sherapartap Singh Rai Practice Location: Leamington Area of Practice: Family Medicine Hearing Information: Contested Hearing, Joint Submission on Penalty On January 19, 2016, the Discipline Committee found that Dr. Sherapartap Rai committed an act of professional misconduct, in that he engaged in 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. The Committee found that an allegation that Dr. Rai had engaged in sexual abuse of a patient was not established, based on the evidence. During the relevant time period, Dr. Rai practised in an emergency room at the only hospital in a small town. He was also engaged in a sexual relationship with the woman in issue, Ms. A, throughout that period. It was undisputed that Dr. Rai assessed, diagnosed and treated Ms. A on one occasion in a walk-in clinic about eight months after their relationship began, and on nine occasions at the hospital ER over three years. The Discipline Committee considered a number of factors and determined that the medical treatments in the ER did not give rise to a physician-patient relationship. Among other things, the Commit- tee noted that: there was no evidence that Dr. Rai provided regular care to Ms. A; there was no evidence the ER visits were arranged ahead of time; there was no evidence that there was another physician avail- able in the ER to see her when she visited; Ms. A vis- ited the hospital ER for legitimate medical problems that warranted medical attention and which were ur- gent in her view. The Committee held that “given the context of the small town ER, Dr. Rai had no choice but to attend to Ms. A’s medical needs and to provide care for her problems,” finding that the ER visits were “incidental care to a spouse, given the nature of the visits and the unique set of circumstances in this case.” Therefore, the allegation that Dr. Rai engaged Issue 2, 2017 Dialogue 67