DISCIPLINE SUMMARIES
regard to all the circumstances, would reasonably be
regarded by members as disgraceful, dishonourable,
or unprofessional.
Dr. Yaghini is a family physician who practised at a
community health centre and a hospital’s emergency
department.
Patient A, a teenage girl, had received an antibiotic
from a doctor at the local hospital for a kidney infec-
tion in April 2012. She then developed an allergic
reaction consisting of swelling and redness around her
eye, and a rash on her stomach, back, neck and chest.
Since her parents were out of town, and her fam-
ily doctor’s office was far away, a family friend took
Patient A to the Emergency Department of the
hospital. Dr. Yaghini saw Patient A in the examina-
tion room of the hospital alone. The Committee
found that Dr. Yaghini made a comment to Patient A
during this examination at the hospital that she was
“pretty” or “very pretty”. Patient A was discharged
home with a different antibiotic prescription and
instructions to return either to her family doctor, the
Emergency Department, or Dr. Yaghini’s clinic if she
had further problems.
After this, Patient A again developed a rash on her
stomach, neck, chest, back, and possibly her face. She
made an appointment to see Dr. Yaghini at his clinic
in April 2012. She attended there with a friend, who
waited in the waiting room. Dr. Yaghini examined
Patient A at his clinic that day.
The Committee found that Dr. Yaghini made a simi-
lar comment to the “pretty” or “very pretty” remark to
Patient A at her second appointment with him.
The Committee also found that, at this second ap-
pointment, Dr. Yaghini came close to Patient A and
kissed her on the cheek. Then, with his hands on her
face and jaw, the Committee found that Dr. Yaghini
tried to kiss Patient A on the lips. This resulted in her
feeling scared and uncomfortable.
The Committee further found that Dr. Yaghini’s
kiss on Patient A’s cheek and his attempted kiss on
her lips constitute sexual abuse. The Committee con-
cluded that it is obvious that kissing the cheek and
then attempting to kiss the lips of a teenage girl in
the context of a medical examination is a sexual act
that violated the sexual integrity of the victim.
The Committee further found that during the
second April 2012 appointment, Dr. Yaghini told
Patient A that she reminded him of a woman he had
dated or an ex-girlfriend and, after the attempted
kiss on Patient A’s lips when Dr. Yaghini apologized
to her, he told her he was excited. The Committee
found that these comments constitute sexual abuse,
being behaviour or remarks of a sexual nature by
the member towards the patient. The Committee
also found the making of these remarks to a teenage
patient in private during a medical examination to
be conduct 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.
ORDER
The Discipline Committee ordered: a suspension
of Dr. Yaghini’s certificate of registration for nine
months; successful completion of a boundaries
course; participation in a counselling program; a
reprimand; reimbursement to the College for fund-
ing provided to patients under the program required
under section 85.7 of the Code, by the posting an ir-
revocable letter of credit to guarantee payment in the
amount of $16,060; payment of costs to the College
in the amount of $31,500.
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.
On January 19, 2017, Dr. Yaghini appealed the deci-
sion on the findings of the Professional Misconduct
to the Superior Court of Justice (Divisional Court).
Pursuant to s.25(1) of the Statutory Powers Procedure
Act, the appeal operates as a stay of the decision pending
the outcome of the appeal. Therefore, the decision of the
Discipline Committee is not in effect.
ISSUE 1, 2018 DIALOGUE
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