discipline summaries
Mitigating Factors Dr . Wojcicki has no previous findings with the Discipline Committee . He has admitted that he failed to meet the standard of practice of the profession and that he is incompetent , such that he requires supervision . He has signed an undertaking to no longer practise CAM . Dr . Wojcicki has reduced the time and cost required for a full contested hearing by admitting to his misconduct and entering a joint submission on penalty and costs . The Committee agreed with the parties ’ submissions that the proposed penalty would uphold the relevant penalty principles . The requirements that Dr . Wojcicki undergo supervision of both his office and hospital clinical practices , followed by a reassessment of his practice ; that he abide by all recommendations of his supervisors and assessors ; and that he cooperate with unannounced inspections and monitoring of his OHIP billings will protect the public by ensuring that he obtains guidance in areas of weakness so that he can practise safely in future . These requirements also help to preserve public confidence in the ability of the profession to regulate itself and allow for the rehabilitation of the member . The suspension of two months will serve as both a specific and a general deterrent . The reprimand will reflect the Committee ’ s disapproval of Dr . Wojcicki ’ s behaviour and will thereby also serve as both a general and a specific deterrent . The Committee also determined that this was an appropriate case to order costs at the tariff rate of $ 5,000 for a one-day hearing . In summary , the Committee ordered a public reprimand , a two-month suspension as well as terms , conditions and limitations on Dr Wojcicki ’ s certificate of registration including specific education and supervision of his hospital and office practice . He was also ordered to pay costs in the amount of $ 5,000 .
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 . Wojcicki waived his right to appeal and the public reprimand was administered .
DR . IJK
The Discipline Committee found that the allegations of sexual abuse and disgraceful , dishonourable and unprofessional conduct against Dr . IJK were not proven . Dr . IJK had denied the allegations . Dr . IJK is an obstetrics and gynecology specialist with an interest in reproductive endocrinology and fertility medicine . Ms . A had been a patient at the fertility clinic since 2011 for evaluation of infertility and investigation of recurring pregnancy loss . Ms . A ’ s regular physician at the clinic was another physician . However , Ms . A saw Dr . IJK at the clinic on two dates in the summer of 2012 that were three days apart because the other physician was absent on those days . Ms . A alleged that , at Appointment 1 and Appointment 2 , Dr . IJK touched her in a sexual manner . Dr . IJK acknowledged that he examined Ms . A at Appointment 1 and Appointment 2 . Dr . IJK submitted that his touching of Ms . A during the course of these examinations was not of a sexual nature .
Findings and Analysis While the Committee found that Ms . A ’ s evidence was clear , understandable and for the most part , consistent , the Committee questioned the reliability of some aspects of her evidence . The Committee found there were inherent improbabilities in the sexual abuse as alleged by Ms . A . Ms . A believes that Dr . IJK touched her clitoris inappropriately each time on the two occasions she was examined by Dr . IJK , including two abdominal examinations and a more intrusive pelvic examination . Dr . IJK ’ s evidence is that , although he does not recall the examinations in question , he would have simply been examining Ms . A in accordance with his usual method of examination . It is self-evident that some form of contact between Dr . IJK ’ s fingers and Ms . A ’ s genitals would have occurred during the course of the pelvic examination at Appointment 2 . It is also anatomically possible that , during the abdominal examinations on the two dates , Dr . IJK ’ s fingers could have come in contact with Ms .
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Dialogue Issue 4 , 2016