Dialogue Volume 13 Issue 4 2017 - Page 75

DISCIPLINE SUMMARIES took a bus to a hotel, stopping to have a meal at a nearby restaurant, which she paid for. They had sex at the hotel. They then left the hotel together, each taking a cab home. Dr. Einstoss called her later that evening and told her that he loved her. The next week, Patient B went to Dr. Einstoss’ office. She waited for him to finish seeing another patient, and again they left his office together to go to a hotel together by cab and again had sex. Patient B’s credit card billings showed she had made charges on several occasions for hotel rooms, a meal at a restaurant, and several taxis. She testified that these charges for the dates indicated on the credit card statements all cor- responded to times she had sex with Dr. Einstoss in various hotels. The dates for the credit card charges in her statement correspond to visit dates billed for Patient B to OHIP by Dr. Einstoss. Patient B testified that she continued to feel unwell during the time period of her second sexual encoun- ter with Dr. Einstoss. She repeatedly called and went to Dr. Einstoss’ office to try to see him. On these oc- casions, Dr. Einstoss’ receptionist told her he was not available. Patient B tried contacting Dr. Einstoss at his office throughout the summer of 2009. Dr. Ein- stoss ignored and did not return her calls. In October 2009, Dr. Einstoss called Patient B and apologized for hurting her. He asked if he could call her weekly, and she agreed. In late October 2009, Patient B met Dr. Einstoss again, and they had sex at a hotel. For approximately one year thereafter, Dr. Einstoss would meet Patient B at a hotel on a set day of the week and have sex. Patient B would pay for the hotel, and Dr. Einstoss would give her $100 towards the bill every other week. They occasionally had sex at Patient B’s home as well. When Patient B tried to obtain her medi- cal records from Dr. Einstoss, she was advised there would be a $75 charge. When Patient B asked Dr. Einstoss to waive the charge, Dr. Einstoss told her that she didn’t need her chart. She was never able to obtain her medical records. After Patient B made her complaint to the College, Dr. Einstoss repeatedly called her on the phone and yelled at her. Dr. Einstoss emailed Patient B and her child. He tried repeatedly to reach Patient B through various social media websites. Patient B last heard from Dr. Einstoss six months prior to the hearing. Patient B’s substance abuse issues relapsed. Patient B had difficulty finding a doctor and even seeking medical care because she did not trust that anyone would actually listen to her. She testified that she has an ongoing “incredible distrust” of others. FINDINGS The Committee found that Dr. Einstoss had a doctor-patient relationship with both Patient A and Patient B at the time of his sexual relationships with them. The Committee therefore found that Dr. Ein- stoss sexually abused both Patient A and Patient B. The Committee found that Dr. Einstoss engaged in the following conduct that would reasonably be regarded by members as disgraceful, dishonourable, or unprofessional as follows: With respect to Patient A: 1. D  r. Einstoss had diagnosed Patient A with having significant mental health and addictions issues. Pa- tient A was, accordingly, a particularly vulnerable patient who was sexually abused by Dr. Einstoss. 2. D  r. Einstoss linked the prescribing of medications for Patient A to attending his office for sexual intercourse. Patient A testified that she would not receive the medications she needed if she did not have sex with Dr. Einstoss. 3. D  r. Einstoss billed OHIP for multiple psycho- therapy sessions for Patient A in 2009. Patient A testified while she had received psychotherapy from Dr. Einstoss in the past, he had not provided psychotherapy at the visits billed for in 2009. 4. D  r. Einstoss disclosed personal information about himself and his family to Patient A, breaching professional boundaries. With respect to Patient B: 1. D  r. Einstoss had diagnosed Patient B with sig- nificant mental health and addiction issues. He had provided medication and psychotherapy for mental health issues and substance abuse issues when she was in her late teens and early 20s. As a result of the sexual abuse by Dr. Einstoss, Patient Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. ISSUE 4, 2017 DIALOGUE 75