Dialogue Volume 12 Issue 2 2016 | Page 49

discipline summaries
Text of Public Reprimand Dr . Mohan , public trust is fundamental to the practice of medicine . This trust has to be reinforced daily and can never be taken for granted . By misrepresenting the qualifications of your practice assistants , you have violated this public trust . You have exposed your patients to serious risk of harm by allowing them to be treated by unqualified individuals .
The autonomy of the medical profession is a privilege . Your actions have served to undermine this honour , and have tarnished the profession a whole . We hope that this penalty serves the purpose of ensuring that you never again appear before this Committee .
DR . RAMESH PATEL
Practice Location : Toronto Practice Area : General Practice
Hearing Information : Agreed Statement of Facts , Admission , Statement of Uncontested Facts ( Patient A and Patient B ), Contested Penalty
On March 13 , 2015 , the Discipline Committee found that Dr . Patel engaged in professional misconduct by having failed to maintain the standard of practice of the profession in his care of 25 patients ; and by having engaged in an act or omission relevant to the practice of medicine that , having regard to all the circumstances , would reasonably be regarded by members as disgraceful , dishonourable or unprofessional . The Committee also found Dr . Patel to be incompetent ; in that his professional care of the 25 patients displayed a lack of knowledge , skill or judgment that was of such a nature or to such an extent that his practice should be restricted or that he is unfit to continue to practise . Finally , Dr . Patel was found to have engaged in professional misconduct , in that he failed to maintain the standard of practice of the profession and engaged in disgraceful , dishonourable and unprofessional conduct with respect to two further patients , Patients A and B . Dr . Patel admitted that he failed to maintain the standard of practice of the profession in his care of
25 patients , and was incompetent in his professional care of 25 patients . He did not admit that he is unfit to continue to practise . He also admitted that he engaged in disgraceful , dishonourable or unprofessional conduct , namely : inadequate supervision of staff ; improper delegation of controlled acts ; improperly permitting and / or directing staff to prescribe to patients ; inappropriately having staff care for and treat patients in his absence ; inappropriate billing to OHIP ; and breaching his undertaking to the College . He did not contest the facts pertaining to Patients A and B .
Dr . PATel ’ s Practice An investigation into Dr . Patel ’ s practice began after the College received information in April 2011 from another family physician that Dr . Patel had been allowing staff to perform patient care beyond that which was appropriate for a non-physician staff member to provide . College investigators attended at Dr . Patel ’ s clinic on April 18 , 2011 , when Dr . Patel was on vacation . The office had a sign posted , which stated that “ Dr . Patel will not be in office from 6th Apr . 2011 to 24th Apr . 2011 . He will resume on 25th Apr . 2011 . Sorry for your inconvenience .” However , there were approximately half a dozen patients in the waiting room , and 4-5 non-physician staff members wearing scrubs were also present . An office worker advised investigators that Dr . Patel was on vacation , and that staff were performing only electrocardiograms and blood work in his absence . Staff members stated that they were not conducting assessments in Dr . Patel ’ s absence . Ontario Health Insurance Plan ( OHIP ) billings for the time period of Dr . Patel ’ s absence indicated that the total amount billed in his name while he was on vacation was $ 34,079.14 . An analysis of Dr . Patel ’ s OHIP billings for this period included , among other things , 325 billings for “ minor assessments ” ( A001 ), 1 billing for an “ enhanced 18-month well baby visit ” ( A002A ), 84 “ annual adult physicals ” ( A003A ), 379 “ intermediate assessments ” ( A007A ), 1 “ pre-operative assessment ” ( A903A ), 43 episodes of “ counselling ” ( K013A ), 1 “ annual health exam for child after 2nd birthday ” ( K017A ), 2 “ minor prenatal assessments ” ( P004A ), and 1 “ incision of ( 2 ) abscess or hematoma
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