Dialogue Volume 14 Issue 4 2018 - Page 75

DISCIPLINE SUMMARIES At the conclusion of the hearing, Dr. Raja waived his right to an appeal and the Committee administered the public reprimand. DR. JAMAL ALI MOHAMED H. RAKEM PRACTICE LOCATION: Welland AREA OF PRACTICE: Orthopedic Surgery HEARING INFORMATION: Allegations Denied; Contested Hearing (4 Days) On May 9, 2017, the Discipline Committee found that Dr. Rakem committed an act of professional misconduct in that he failed to maintain the standard of practice of the profession and engaged in an act or omission that, having regard to all the circumstances, would reasonably be regarded by members as dis- graceful, dishonourable or unprofessional. The Com- mittee also found that Dr. Rakem was incompetent. The Committee found that the College failed to prove a further allegation that Dr. Rakem failed to respond appropriately or within a reasonable time to a written inquiry from the College. CLINICAL ISSUES The clinical concerns related to Dr. Rakem’s care of five patients. Dr. Rakem provided a number of nar- cotics prescriptions to patients without maintaining any clinical record of diagnosis, assessment or treat- ment plan. Dr. Rakem confirmed in his testimony that he sometimes provided prescriptions to patients in social settings to save them the inconvenience of attending for an appointment. He also admitted to requesting a narcotic prescription for himself from a colleague, which he filled and then transported to Libya for the use of his mother and others. The Committee accepted uncontested expert testimony that by prescribing narcotics to patients without documenting a diagnosis, assessment and treatment plan with respect to five patients, Dr. Rakem displayed a lack of knowledge and judg- ment and put his patients and the public at risk. Dr. Rakem did not consider the potential for narcotic overdose and addiction and did not reflect on the risk of public diversion of narcotics. The Committee rejected Dr. Rakem’s claim that he maintained clini- cal records for these patients, which had been lost. The Committee also found that Dr. Rakem failed to consider the risk to the public of transporting large quantities of narcotics to war-torn Libya. The Com- mittee concluded that Dr. Rakem’s care of the five patients at issue amounted to a failure to maintain the standard of practice of the profession and that his lack of knowledge and judgment justified a finding of incompetence. FAILURE TO COMPLY WITH DISCIPLINE COMMITTEE’S PRIOR ORDER The Committee found that Dr. Rakem engaged in disgraceful, dishonourable or unprofessional con- duct by failing to successfully complete the Bound- ary Course, as previously ordered by the Discipline Committee. Dr. Rakem had attended Part A of the three-part course in person, but did not complete Parts B and C, which required that he make a written plan for changes to his practice and complete a self- evaluation. There was no evidence of a request for an exemption from the course providers in the course evaluation documents, and Dr. Rakem had not re- quested an exemption from the College’s compliance monitor. FAILURE TO RESPOND The Committee accepted that Dr. Rakem did not in- tentionally avoid or obstruct the College. While it was Dr. Rakem’s responsibility to keep in touch with the College, his presence in a war zone amounted to spe- cial circumstances and was a plausible explanation for his lack of timely responses during the investigation. ORDER The Committee ordered the revocation of Dr. Rakem’s certificate of registration, a reprimand; and payment to the College in the amount of $22,000. For complete details, 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. Rakem waived his right to an appeal and the Committee administered the public reprimand. ISSUE 4, 2018 DIALOGUE 75