DISCIPLINE SUMMARIES
DR . HOWARD SHELDON EINSTOSS
PRACTICE LOCATION : Toronto AREA OF PRACTICE : General Practice ( Psychotherapy )
HEARING INFORMATION : Physician Not In Attendance , Allegations Denied ( Entered on Dr . Einstoss ' Behalf )
On April 11 , 2016 , the Discipline Committee found that Dr . Einstoss committed an act of professional misconduct , in that he engaged in sexual abuse of patients ; and 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 .
Sexual Abuse of Patient A Patient A is a middle-aged woman who began seeing Dr . Einstoss as her sole family physician in her late 20s . Dr . Einstoss provided psychotherapy for her mental health issues and prescribed medications for her , including narcotic medications . One December while she was his patient , Patient A had taken a Christmas gift to Dr . Einstoss , who responded by giving her a kiss . Eventually , during subsequent appointments , Dr . Einstoss started touching Patient A inappropriately , leading to sexual intercourse in his office . Patient A testified that although she would attend Dr . Einstoss ’ office for psychotherapy appointments , he never provided any therapy . Instead , Patient A would have sexual intercourse with Dr . Einstoss on the floor , using a sleeping bag he kept under his examination table .
Patient A ’ s sexual encounters with Dr . Einstoss at his office occurred roughly every two to four weeks for about three to four years . Patient A would usually arrive at Dr . Einstoss ’ office at 4:30 or 5:00 p . m . She would stay in Dr . Einstoss ’ office with him until about 7:00 p . m . After having sex , the two would sit on the sleeping bag and he would have “ a couple of drinks ” containing vodka . They would then both leave to go home . Patient A testified that she would either call for an appointment or Dr . Einstoss would call her to tell her to come in to the office , if she wanted her medications . Patient A testified that if she didn ’ t go into the office and have sex with Dr . Einstoss , she wouldn ’ t get her medications . Patient A recalled attending Dr . Einstoss ’ office occasionally for medical appointments . During those instances , Dr . Einstoss would often tell her to come back after hours and they would have sex at that time . Patient A testified that Dr . Einstoss made her feel she couldn ’ t tell anyone about the sexual encounters and she felt she could do nothing to stop them . Because of the sexual encounters , Patient A ultimately no longer felt comfortable seeing Dr . Einstoss as her doctor . When she called Dr . Einstoss ’ office to request her medical records , she was told he had retired . She was never able to obtain her medical records .
Sexual Abuse of Patient B Patient B saw Dr . Einstoss for mental health issues and substance abuse issues . Dr . Einstoss provided frequent psychotherapy sessions and prescribed medication for Patient B in her late teens and early 20s . Patient B testified that , in 2009 , she was heavily self-medicating on a daily basis and was worried she had damaged her liver . She therefore made an appointment to see Dr . Einstoss . At her appointment , Dr . Einstoss examined Patient B and ordered blood work . When she went to the lab for the blood testing , Patient B was surprised to see that Dr . Einstoss had ordered testing for sexually-transmitted diseases ( STDs ). Patient B testified that she now believes that Dr . Einstoss “ set her up to have sex with him ” by ordering the STD testing that had not otherwise seemed medically necessary . At her subsequent appointment , Patient B told Dr . Einstoss that she was still feeling unwell . However , Dr . Einstoss did not address her medical concerns ; he instead told her about his problems with his medical practice and that he might be suspended . Dr . Einstoss asked her to write a favourable letter regarding his character to his lawyer , which she did , using the words he had given her . At that same visit , Dr . Einstoss took Patient B ’ s hands and told her he would take care of her forever . Patient B testified that she and Dr . Einstoss then
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DIALOGUE ISSUE 4 , 2017