discipline summaries
Wagdy Abdalla Botros
Practice Location: Kitchener
Practice Area: Psychiatry (Full-time Sleep
Medicine)
Hearing Information: Allegations Denied,
Contested Hearing (2 days)
On April 21, 2015, the Discipline Committee found
that Dr. Botros committed an act of professional
misconduct, in that he has engaged in conduct or 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.
In May 2013, the Inquiries, Complaints and
Reports Committee (ICRC) referred the allegation
of disgraceful, dishonourable and unprofessional
conduct to the Discipline Committee in relation to
Dr. Botros’ alleged failure to comply with the March
2011 Order of the ICRC requiring him to complete
a Specified Continuing Education or Remediation
program (SCERP) in Communications.1 Dr. Botros
requested that the Health Professions Appeal and
Review Board (HPARB) review the decision.
In April 2012, HPARB rejected Dr. Botros’ appeal
and confirmed the decision of the ICRC. Dr. Botros
did not request a judicial review, therefore, the ICRC
Order remained in effect.
Dr. Botros did not comply with the Order of the
ICRC despite being given many opportunities, including extensions of time, to do so.
Reasons for Penalty
There was no dispute between the parties that a
reprimand, a suspension, and an award of costs
were appropriate in this case. However, there was a
disagreement as to the length of the suspension, with
the College seeking a suspension of six months and
Dr. Botros submitting that a one-month suspension
was sufficient. There was also disagreement as to the
quantum of costs.
Dr. Botros’ deliberate and persistent defiance of an
ICRC Order demonstrated contempt for his governing body, which this Committee considers to be
a very serious matter that cannot be tolerated. Dr.
Botros provided no credible reason as to why he did
not comply with the Order. The Committee did not
accept Dr. Botros’ claim that his failure to attend
the course was caused, in part, by stress and anxiety,
given that these conditions did not require he take
any time away from his medical practice. In addition, Dr. Botros attempted to control the process and
frustrated the College staff assigned to his case. He
repeatedly thwarted the College’s attempts to assist
him in complying with the Order by availing himself
of any and all delaying tactics at his disposal. It was
only when Dr. Botros realized that he was facing a
suspension of his certificate of registration that he
contacted the communications course provider to
initiate the Communication Skills course a mere two
weeks before the penalty hearing. Dr. Botros also
failed to acknowledge or take responsibility for his
actions, and attempted to disassociate himself from
his own conduct as described in the Committee’s
decision. This indicated to the Committee that Dr.
Botros lacked insight into his misconduct. He portrayed himself as a victim and attempted to place the
blame elsewhere for his non-compliance.
The Committee also noted as an aggravating factor
that Dr. Botros has been cautioned on two previous
occasions by the ICRC regarding his manner of communication with his governing body. Therefore, the
Committee, considering all the facts and particulars
of this case as well as the relevant penalty principles,
has determined that the appropriate penalty for this
egregious misconduct is a six-month suspension of
Dr. Botros’ certificate of registration. In addition, he
must complete the Communication Skills course as
ordered by the ICRC.
Finally, the Committee ordered the administration
of a public reprimand.
On December 16, 2015, which was after the
conclusion of the penalty hearing in this case, Dr.
Botros’ certificate of registration was suspended for
six months by a differently-constituted panel of the
Discipline Committee in another matter. The panel
1
A Specified Continuing Education or Remediation Program or “SCERP” is one of the dispositions that the College’s Inquiries, Complaints and Reports Committee (ICRC) and Quality Assurance Committee may make in connection with a matter before the committee. This disposition requires the member to complete
an education and remediation program specified for the member.
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Dialogue Issue 3, 2016