discipline summaries propriate physical examinations, it was the opinion of the Committee that Dr. Dobrowolski is ungovernable. Dr. Dobrowolski’ s ungovernability was also demonstrated by the fact that he had been under a Court Order dated December 20, 2005 not to conduct any form of physical examination on any of his patients. Despite that Order, Dr. Dobrowolski repeatedly conducted physical examinations on his patients between December 20, 2005 and October 11, 2012. As a result of his misconduct, Dr. Dobrowolski brought shame to not only himself but also to the profession as a whole. The Committee wished to send a message in the strongest of terms to both the public and to the medical profession that sexual exploitation and abuse of patients will never be tolerated. It was therefore the Committee’ s opinion that the only penalty sufficient to address the gravity of Dr. Dobrowolski’ s professional misconduct, while simultaneously protecting the public, was revocation of Dr. Dobrowolski’ s certificate of registration. He had shown himself to be unworthy of the privilege of practising medicine. Given the evidence before it, including the repetitive nature of the misconduct involving numerous female patients that occurred over a period of 25 years, the Committee found that Dr. Dobrowolski was a poor candidate for rehabilitation. There was no assurance that he would not reoffend if he did not have his certificate of registration revoked. The awarding of costs for a single day at the tariff rate was requested by both parties and, in this case, the Committee found that to be appropriate. The Committee fully recognized that the tariff rate only partially reimbursed the College for the actual costs incurred in conducting the hearing. A public reprimand was not only mandatory under the Code in cases where sexual abuse of a patient has been proven, but it also served as an appropriate way to express the profession’ s abhorrence of Dr. Dobrowolski’ s professional misconduct. In addition, the reprimand would convey to Dr. Dobrowolski, the public, and his patients whom he had harmed, that the Committee abhorred his behaviour. In summary, the Discipline Committee ordered the revocation of Dr. Dobrowolski’ s certificate of registration, a public reprimand, reimbursement to the College for funding provided to those patients in respect of whom this panel has found Dr. Dobrowolski to have engaged in sexual abuse, under the program required under section 85.7 of the Code; an irrevocable letter of credit or other security to guarantee the payment of any amounts he may be required to reimburse under the program in the amount of $ 449,680; and payment of costs to the College in the amount of $ 4,460.
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.
DR. JOHN EDWARD ESMOND
Practice Location: Mississauga Area of Practice: Family Medicine
Hearing Information: Agreed Statement of Facts, Admission, Joint Submission on Penalty
On December 18, 2015, the Discipline Committee found that Dr. Esmond committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession and 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. Dr. Esmond admitted to the allegations. On July 31, 2013, the College received a letter from the Office of the Chief Coroner notifying the College of the death of a patient of Dr. Esmond. The Coroner raised concerns with respect to the care provided by Dr. Esmond, including the dose of morphine prescribed prior to the patient’ s death. This information led the College to initiate an investigation into Dr. Esmond’ s practice. The College retained a Medical Inspector, Dr. X as part of its
Full decisions are available online at www. cpso. on. ca. Select Doctor Search and enter the doctor’ s name.
Issue 4, 2016 Dialogue 67