discipline summaries
Firstly, the Committee considered Ms. A’ s inconsistent testimony regarding whether Dr. LMN had left the room on her third visit while she removed her shirt, before removing her pants. Ms. A testified in chief that Dr. LMN had left the room when she had removed her shirt on her third visit. Under cross-examination, however, Ms. A acknowledged that her statements have changed over time regarding whether or not Dr. LMN left the room while she took off her shirt on her third visit. Ms. A initially told the College investigator that she was unsure whether Dr. LMN had left the room when Ms. A removed her shirt on her third visit. Later on in the same interview, she told the investigator that she was 90 percent sure that Dr. LMN had not left the room. The Committee took note of Ms. A’ s inconsistent statements on this point, some of which were diametrically opposed to one another. The Committee questioned whether Ms. A was able to accurately recall whether Dr. LMN had left the room when she removed her shirt. Based upon her inconsistent statements, the Committee found that she could not accurately recall whether Dr. LMN had left the room when she removed her shirt on her third visit. The Committee was also unable to rely on Ms. A’ s inconsistent testimony to determine whether, during the third visit, Dr. LMN left the room when Ms. A removed her pants and / or when she put her pants back on. If Dr. LMN had become cavalier over the years about not leaving the examination room when a female patient removed her pants, it made little sense that Dr. LMN would leave the examination room when she was asked to put her pants back on. Ms. A was inconsistent in her various accounts of removing her pants on her third visit. These inconsistences caused the Committee to question whether Ms. A was able to accurately recall the events of the third visit. Given Ms. A’ s difficulties in accurately recalling events and her inconsistent statements as to whether Dr. LMN left the examination room when she removed her shirt, the Committee could not rely on Ms. A’ s testimony to determine whether Dr. LMN left the examination room while she removed her pants, removed her shirt, or put her shirt or pants back on. Ms. A testified that she felt uncomfortable and surprised when asked to remove pieces of her clothing on her third visit. She felt she should have been given a gown. Dr. LMN testified that his office does not provide gowns but provides paper drapes instead. The Committee found that the fact that she was not provided with a gown upset Ms. A, made her feel uncomfortable, and left her feeling vulnerable. While a gown may have made Ms. A more comfortable, the Committee accepts that drapes are a reasonable alternative to a gown in affording patient privacy.
Conclusion on Allegation 2 The Committee found the allegation that Dr. LMN engaged in disgraceful, dishonourable, or unprofessional conduct, by failing to provide patient privacy, not proved.
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Issue 1, 2017 Dialogue 75