discipline summaries
to comply with an undertaking to the College. The
privilege of self-regulation and the ability of the
profession to self-govern and to fulfil its mandate
to protect the public interest require members to be
governable and to comply with undertakings made
by the member to the College. When a physician has
signed an undertaking with the College, the College
must be able to rely on the physician to regard the
undertaking as a serious matter and to abide by it.
The following mitigating factors were taken into
consideration. With the exception of failing to appear on the original date scheduled for this hearing,
Dr. Lowe has had no previous appearances before the
Discipline Committee and no disciplinary record. Dr.
Lowe has since completed the College’s communications course and has, as of the date of this hearing, fulfilled his obligation in respect to the undertaking. As a
result, the concerns that the ICRC had with regard to
Dr. Lowe’s communication skills have been remediated. Dr. Lowe has accepted responsibility and admitted
to professional misconduct, thereby saving the College
the time and expense of a full, contested hearing.
Aggravating factors were also considered. Dr. Lowe
failed to complete all the sessions of the communication course on time. In addition, Dr. Lowe failed, on
more than one occasion, to respond to emails from
Dr. Y with proposed dates to meet. Dr. Lowe also
failed show up for a scheduled appointment with Dr.
Y. On September 13, 2013, Dr. Lowe was informed
by the compliance monitor that his failure to comply
with the College’s communications course would be
considered by the ICRC. Despite being given such
notice, Dr. Lowe had not completed the College’s
communications course by the time that the ICRC
considered the matter on December 4, 2013. The
Committee was of the opinion that Dr. Lowe’s pattern of behaviour in his interactions with the College
on this matter demonstrated that he was lacking in
communication skills, which was the concern of the
ICRC when it required Dr. Lowe to take a communications course through his undertaking signed on
November 19, 2012.
Having considered all the evidence before it and
the submissions made by counsel for the parties, the
Committee concluded that the goals of specific and
general deterrence are met by a public reprimand,
and the payment of costs.
In summary, the Committee ordered the following: a public reprimand; payment of $3,418.25 for
services rendered to Dr. Lowe by Dr. Y; and payment
to the College in the amount of $8,920 for costs.
Order
For complete details of the Order, please see the
full decision at www.cpso.on.ca. Select Doctor
Search and enter the Doctor’s name.
At the conclusion of the hearing, Dr. Lowe waived his
right to an appeal and the Committee administered the
public reprimand.
Text of Public Reprimand
Dr. Lowe, the panel is dismayed at the conduct that has
led you here today. Had you complied in a timely manner,
many months ago, you would have avoided this.
The practice of medicine and membership in this College is a great privilege, and our self-governance relies on
all members to strictly comply with orders and undertakings of the College at all times. Your wilful disregard
for your regulator is alarming to the panel. Your actions
have undermined the public trust and reflected poorly,
not only on you, but on the profession as a whole.
We certainly trust now that your obligations have been
fulfilled, that you will proceed to practise with a new
respect for communicating with patients, colleagues and
your governing body.
Full decisions are available online at www.cpso.on.ca.
Select Doctor Search and enter the doctor’s name.
Issue 1, 2016 Dialogue
39