Dialogue Volume 14 Issue 1 2018 - Page 64

DISCIPLINE SUMMARIES received no response for some time. On November 10, 2015, Dr. Pinto, through his counsel, was advised that if he did not provide the name of a preceptor by November 18, 2015, the Compliance Case Manager would bring this matter to the attention of the ICRC to consider his non- compliance with the SCERP. On November 16, 2015, Dr. Pinto proposed another preceptor. However, the proposed preceptor had not been approached by Dr. Pinto and ultimately did not agree to act as preceptor. When the ICRC considered Dr. Pinto’s failure to comply with the SCERP on February 10, 2016, Dr. Pinto had still not obtained a preceptor by that time. The ICRC referred allegations of professional mis- conduct to the Discipline Committee. Dr. Pinto did not propose an additional preceptor until March 17, 2016, after allegations of profes- sional misconduct were referred to the Discipline Committee. The College finally received an executed undertaking from an acceptable preceptor on April 25, 2016, almost one year after HPARB confirmed the ICRC’s SCERP. Dr. Pinto’s preceptor provided a report to the College on August 15, 2016 and noted that Dr. Pinto has failed to maintain a log of requests for documentation (noting all request details, dates of requests and responses to the requests) as required in the ICRC’s Order. Dr. Pinto had begun to create an electronic log, but it was not complete and did not contain the required information. ORDER The Discipline Committee ordered: a reprimand; and payment of costs to the College in the amount of $5,000. For complete details of the Order, please see the full decision at www.cpso.on.ca. Select Find a Doctor and enter the doctor’s name. At the conclusion of the hearing, Dr. Pinto waived his right of appeal and the Committee administered the public reprimand. 64 DIALOGUE ISSUE 1, 2018 DR. MARC JEFFREY PODELL PRACTICE LOCATION: Mississauga AREA OF PRACTICE: Surgical Assistant HEARING INFORMATION: Admission; Agreed Statement of Facts; Joint Submission on Penalty On January 23, 2017, the Discipline Commit- tee found that Dr. Podell has 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 reason- ably be regarded by members as disgraceful, dishon- ourable, or unprofessional. Dr. Podell practised as a surgical assistant at Tril- lium Health Partners between 2003 and 2014. Between 2008 and 2014, Dr. Podell was repeatedly inaccessible during his on-call periods. Dr. Podell did not respond to pages, was frequently late and/ or did not attend for emergency surgery while he was on call. His conduct jeopardized patient care as surgeons in emergent cases were forced to proceed without assistance. Although Dr. Podell asserted that he encountered difficulties with his pager and cell phone, he took insufficient steps to address the issue such that he could be available to the physicians and staff of the hospital, despite numerous attempts by the hospital to address this ongoing problem. Dr. Podell made repeated inappropriate comments in the operating room including commenting on the size and features of anesthetized patients. In April of 2009, Dr. Podell, while in the doctor’s lounge, amidst other physicians, made inappropriate com- ments while looking at pictures of women on a website entitled “Asian Kisses”. In May of 2013, Dr. Podell approached an 18-year old patient from Quebec four times in two days, aggressively requesting cash payment of his fee for assisting at her laparoscopic appendicitis surgery in the Pediatrics unit. The patient was upset by this ex- perience. Both nursing and social work staff felt that his advances towards the patient were harassing. Dr. Podell conducted himself in this manner even though he had been told several years prior to this incident