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 .
Full decisions are available online at www . cpso . on . ca . Select Doctor Search and enter the doctor ’ s name .
Issue 1 , 2017 Dialogue 75