Dialogue Volume 11 Issue 1 2015 | Page 51

discipline summaries Is Dr. Chung incompetent as defined under the RHPA? To make a finding of incompetence under s. 52(1) of the Code, the Committee must be satisfied that the member’s professional care of a patient displayed a lack of knowledge, skill or judgment of a nature or to an extent that demonstrates that the member is unfit to practise or that his practice should be restricted. At issue in this matter is being misguided over scrupulousness, which resulted in excessive examinations in a number of cases. Unquestionably, Dr. Chung exceeded reasonable limits as reflected in the Committee’s findings. The Committee concluded that Dr. Chung, a product of older teaching, did not modify his practice as he should have. Out of this was born a habit which was difficult for him to discard. He was wedded to a medical model of care focusing on illness and subordinated patient sensitivities to obtain every bit of information he could. This simply is not acceptable practice today. The Committee was most concerned with Dr. Chung’s dated practice of repeated examinations in pregnancy and his cavalier attitude towards examining virginal females. While attempting to serve his patients, he was thoughtless, insensitive and disrespectful. This is a significant shortcoming. The Committee concluded that although Dr. Chung’s judgment was not always appropriate to the particular circumstances of his patients, these failings did not reach the level necessary to support a finding of incompetence. Furthermore, Dr. Chung demonstrated some insight in his evidence in testifying that he would not do today the number of examinations that he did in the past. Reasons for Penalty Dr. Chung was a family physician whose practice was predominantly office gynecology and obstetrics. Dr. Chung resigned from the College of Physicians and Surgeons of Ontario effective June 1, 2012. It is accepted by the Committee that the penalty order should be commensurate with the member’s misconduct and reflect accepted penalty principles. The Committee is of the view that unequivocal denunciation of the specific misconduct, general deterrence and protection of the public are of particular importance and directly apply in this matter. The Committee was troubled by Dr. Chung’s exploitation of his position as a trusted family physician and his failure to take into consideration patient sensitivities. Patient vulnerabilities, compliant nature and inexperience enabled him to act far more intrusively than accepted standards would allow. An example of the seriousness of the misconduct from the broader Section 75 investigation is Patient #17. Dr. Chung repeatedly acceded to a mother’s request for “virginity” testing of her developmentally challe