DISCIPLINE SUMMARIES
DR . DOUGLAS EARL BROOKS
PRACTICE LOCATION : Sault Ste Marie AREA OF PRACTICE : General Practice
HEARING INFORMATION : Agreed Statement of Facts , Admission , Joint submission on Penalty
On July 4 , 2016 , the Discipline Committee found that Dr . Brooks 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 . Dr . Brooks , a general practitioner in Sault Ste Marie , also works as an investigating coroner . He maintains a family practice at the Group Health Centre and hospital privileges at the Sault Area Hospital . Patients A and B had a close personal connection to Dr . Brooks and his wife . The family physicians of Patients A and B practised at the Group Health Centre , which maintained patient medical records in an electronic medical records system . Patients A and B also had medical records from hospital visits that were maintained in the Hospital ’ s electronic medical records system . Patient A , who suffered from mental health and addictions issues , died by suicide in 2014 . Dr . Brooks was the investigating coroner on call at the time of Patient A ’ s death and attended at the scene . Due to his connection to Patient A , arrangements were made to have the case transferred to another coroner . Dr . Brooks accordingly did not act as the coroner in the investigation of Patient A ’ s death . After Patient A ’ s death , her relatives , concerned about potential unauthorized access to their records by Dr . Brooks , requested audit reports of access to Patient A and Patient B ’ s electronic medical records from both the Group Health Centre and the Hospital .
Privacy Breaches Dr . Brooks accessed Patient A ’ s electronic medical records from the Group Health Centre on six dates between September 2005 and March 2014 . Dr . Brooks accessed Patient A ’ s electronic medical records from the Hospital on eight dates between August 2011 and August 2014 . Multiple records were accessed on each of the above dates . Dr . Brooks accessed Patient B ’ s electronic medical records from the Group Health Centre on eight dates between April 2003 and October 2006 . Multiple records were accessed on each of these dates . Dr . Brooks ’ access to the electronic records was unauthorized because he did not have the consent of Patient A and Patient B to access their respective medical records . Further , there was no medical reason for Dr . Brooks to access the records . The medical records that were accessed by Dr . Brooks included information related to general family medicine care , as well as highly personal information of a very sensitive nature , namely information related to psychiatric care , addictions-related issues and obstetrical care .
In 2006 , after a period of estrangement , during the first trimester of Patient B ’ s pregnancy , Patient B initiated contact with Dr . Brooks ’ wife . The attempt at reconciliation was unsuccessful . Subsequent to this contact , Dr . Brooks accessed Patient B ’ s electronic medical records at the Group Health Centre six times during the remainder of her pregnancy .
In 2011 , Patient A was admitted to the Mental Health Inpatient Unit at the Hospital . During this time , Dr . Brooks accessed Patient A ’ s records almost daily over a period of seven days , with additional access during the week after her discharge . In 2014 , Patient A was struggling and refusing access to crisis care . Patient A ’ s father reports that when he asked Patient A if there was anything he could do to help , Patient A requested that he seek out Dr . Brooks ’ wife to meet with her . Patient A ’ s father went to Dr . Brooks ’ home , requesting Dr . Brooks and his wife join him in an intensified effort to help Patient A . At that time , he also asked Dr . Brooks ’ wife if she would meet with Patient A the next day . Later that day , Dr . Brooks ’ wife discussed this with Dr . Brooks . He expressed concern to her that it was not safe to meet Patient A where she was living . Dr . Brooks ’ wife then called Patient A ’ s father in the evening and told him that she would not be able to meet Patient A the next day . That same evening , Dr . Brooks accessed Patient A ’ s medical records . Dr . Brooks and his wife had no further contact with Patient A from this point forward .
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DIALOGUE ISSUE 3 , 2017