DISCIPLINE SUMMARIES
PATIENT A
Patient A, a woman in her 30s, saw Dr. Bingham in
his office about eight times between July and August
of 2016. She was having significant problems in her
relationship with her partner at the time.
At the first visit, Dr. Bingham asked Patient A if he
could give her a hug because she was crying so much.
Patient A agreed and thought Dr. Bingham was com-
passionate and seemed professional. Dr. Bingham
hugged Patient A, which she described as a platonic
hug. Thereafter, Dr. Bingham hugged Patient A after
each appointment.
After another visit, which was the last appointment
of the day, as Patient A was planning to walk home,
Dr. Bingham asked to walk with her. He said he was
headed to a store in the same direction Patient A was
walking. While walking with Patient A, Dr. Bingham
said that he wondered what people would think see-
ing a pretty young girl like her with him. Patient A
found this odd, but thought he was trying to make
her feel good about herself. When Patient A and Dr.
Bingham got to the store, they hugged as usual, but
Dr. Bingham held her longer and closer than before,
and then kissed her on the cheek.
At the last appointment, while completing paper-
work for Patient A’s employer, Dr. Bingham patted
Patient A’s thigh with his hand while she was wear-
ing shorts and their chairs were close together. Dr.
Bingham then said he would have to start seeing her
every week. When Patient A asked if he had time in
his schedule, Dr. Bingham responded that he always
had time for her.
What does this mean?
We provide definitions for the legal terminology used in the discipline process
Admission
The physician admits that the facts
alleged amount to professional mis-
conduct and/or incompetence.
Plea of No Contest
The physician does not contest the
facts. The College files a statement of
facts as an exhibit at the hearing. The
Discipline Committee can accept the
facts as correct and make a finding
of professional misconduct and/or
incompetence. The physician does
not admit to the facts or findings for
the purpose of any other proceeding.
Agreed Statement of Facts
A statement of facts that are negoti-
ated and agreed to by the College and
the physician. It is filed as an exhibit
at the hearing.
Joint Submission on Penalty
A penalty that is proposed to the
Committee as an appropriate penalty
by both the College and the physi-
cian. In law, the Discipline Committee
must accept a joint submission on
penalty unless it would be contrary to
the public interest and bring the ad-
ministration of justice into disrepute.
Contested Hearing
The physician denies the allegations.
The College must prove the allega-
tions on a balance of probabilities
(the civil standard of proof) by calling
evidence such as witnesses. If one
or more of the allegations is proved,
a penalty hearing is scheduled. The
College and the physician may agree
and jointly propose a penalty to the
Committee or they may disagree and a
contested penalty hearing takes place.
Aggravating, Mitigating
Circumstances
Aggravating and mitigating circum-
stances may be considered by the
Discipline Committee in determining
an appropriate penalty. Mitigating
and aggravating circumstances are
considered by the Committee, so that
the penalty imposed is proportionate
to the gravity of the physician’s con-
duct, and the degree of responsibility
of the physician. Mitigating circum-
stances tend to reduce penalties,
whereas aggravating circumstances
tend to increase penalties.
Aggravating circumstances could
include: a high degree of vulnerability
of the person(s) affected by the phy-
sician’s conduct; a prior disciplinary
history with the College; and a lack
of insight by the physician into his or
her own misconduct.
Mitigating circumstances could in-
clude: a clean disciplinary record; an
admission to the facts underlying the
allegations in advance of a hearing;
cooperating with the investigation; a
demonstration of remorse or regret
about the effects of the misconduct
on others; taking remedial steps on
the physician’s own initiative prior to
a finding or an order by the College.
ISSUE 4, 2018 DIALOGUE
47