Dialogue Volume 10 Issue 4 2014 | Page 76

discipline summaries in his pattern of misconduct over a six-year period. Dr. B acknowledged that Dr. Maharajh still needs therapy and medication. The Committee noted as well that Dr. Maharajh continues to have stressors in his life, including work in a hectic walk-in clinic, continued challenges with his children and his extended family, and depression. Although there was evidence that Dr. Maharajh has been adhering to the terms of the undertaking he gave to the College, and seeing female patients only with a chaperone, this gave the Committee little comfort. The Committee noted that the College’s original decision to permit Dr. Maharajh to continue to see female patients provided he adhered to the undertaking was taken and accepted at a time when only one victim was known to the College. Since then, Dr. Maharajh admitted that he engaged in repeated acts of inappropriate behaviour with multiple female patients over a long period of time. Further, Dr. Maharajh’s inappropriate actions with the female patients happened quickly, spontaneously and impulsively in circumstances where he completely lost control. Allowing him to continue to treat female patients while he is in the early stages of treatment would not adequately protect the public. If he were to repeat his actions with another female patient, a chaperone may not be able to move quickly enough to stop him. The Committee concluded that the only way to achieve protection of the public in this case is to order that for an indefinite period of time, Dr. Maharajh’s practice be restricted to male patients only, and that prominent signage be placed in the waiting rooms of any office that Dr. Maharajh works in notifying patients that he can only treat male patients. The Committee also concluded that such an order was necessary in order to uphold the integrity of the profession and the public’s confidence in its ability to adequately selfregulate. The Committee agreed that suspension of Dr. Maharajh’s certificate of registration is an appropriate penalty in this case, and with such a lengthy history of repeated misconduct with numerous patients, a significant length of suspension is warranted. There must be serious consequences for such egregious behaviour against female patients. The Committee is inclined to agree with the College submission that had Dr. Maharajh’s misconduct also involved male patients, a suspension would not have been sufficient to protect the public, and revoca- 76 Dialogue Issue 4, 2014 tion would have been in order. However, given the evidence that Dr. Maharajh’s impulsive behaviour only affects female patients, the Committee was satisfied that he can safely be allowed to continue to practise medicine, after his suspension, on male patients only. A lengthy suspension will impress upon Dr. Maharajh, and the membership at large, that patients must be able to trust that their physicians will always put their health and needs first and, of course, do no harm. Dr. Maharajh completely failed to consider the impact his actions would have on his patients and continued to abuse vulnerable female patients over a period of six years. Only when the most recent patient made a complaint did he stop this behaviour and seek treatment. The Committee acknowledged the mitigating factors: Dr. Maharajh has no previous Discipline Committee findings; he was cooperative with the College once the allegations were made; he voluntarily brought forward the information regarding his other victims; and he has undertaken therapy since Patient A came forward. Having regard to all the circumstances, the Committee concluded that an eight-month suspension of Dr. Maharajh’s certificate of registration was appropriate. A reprimand is a mandatory penalty under the Code when a member has been found to have engaged in sexual abuse of a patient. The Committee stated that a reprimand shows its abhorrence و