DISCIPLINE SUMMARIES
DR. HOWARD SHELDON EINSTOSS
PRACTICE LOCATION: Toronto AREA OF PRACTICE: General Practice( Psychotherapy)
HEARING INFORMATION: Physician Not In Attendance, Allegations Denied( Entered on Dr. Einstoss ' Behalf)
On April 11, 2016, the Discipline Committee found that Dr. Einstoss committed an act of professional misconduct, in that he engaged in sexual abuse of patients; and 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.
Sexual Abuse of Patient A Patient A is a middle-aged woman who began seeing Dr. Einstoss as her sole family physician in her late 20s. Dr. Einstoss provided psychotherapy for her mental health issues and prescribed medications for her, including narcotic medications. One December while she was his patient, Patient A had taken a Christmas gift to Dr. Einstoss, who responded by giving her a kiss. Eventually, during subsequent appointments, Dr. Einstoss started touching Patient A inappropriately, leading to sexual intercourse in his office. Patient A testified that although she would attend Dr. Einstoss’ office for psychotherapy appointments, he never provided any therapy. Instead, Patient A would have sexual intercourse with Dr. Einstoss on the floor, using a sleeping bag he kept under his examination table.
Patient A’ s sexual encounters with Dr. Einstoss at his office occurred roughly every two to four weeks for about three to four years. Patient A would usually arrive at Dr. Einstoss’ office at 4:30 or 5:00 p. m. She would stay in Dr. Einstoss’ office with him until about 7:00 p. m. After having sex, the two would sit on the sleeping bag and he would have“ a couple of drinks” containing vodka. They would then both leave to go home. Patient A testified that she would either call for an appointment or Dr. Einstoss would call her to tell her to come in to the office, if she wanted her medications. Patient A testified that if she didn’ t go into the office and have sex with Dr. Einstoss, she wouldn’ t get her medications. Patient A recalled attending Dr. Einstoss’ office occasionally for medical appointments. During those instances, Dr. Einstoss would often tell her to come back after hours and they would have sex at that time. Patient A testified that Dr. Einstoss made her feel she couldn’ t tell anyone about the sexual encounters and she felt she could do nothing to stop them. Because of the sexual encounters, Patient A ultimately no longer felt comfortable seeing Dr. Einstoss as her doctor. When she called Dr. Einstoss’ office to request her medical records, she was told he had retired. She was never able to obtain her medical records.
Sexual Abuse of Patient B Patient B saw Dr. Einstoss for mental health issues and substance abuse issues. Dr. Einstoss provided frequent psychotherapy sessions and prescribed medication for Patient B in her late teens and early 20s. Patient B testified that, in 2009, she was heavily self-medicating on a daily basis and was worried she had damaged her liver. She therefore made an appointment to see Dr. Einstoss. At her appointment, Dr. Einstoss examined Patient B and ordered blood work. When she went to the lab for the blood testing, Patient B was surprised to see that Dr. Einstoss had ordered testing for sexually-transmitted diseases( STDs). Patient B testified that she now believes that Dr. Einstoss“ set her up to have sex with him” by ordering the STD testing that had not otherwise seemed medically necessary. At her subsequent appointment, Patient B told Dr. Einstoss that she was still feeling unwell. However, Dr. Einstoss did not address her medical concerns; he instead told her about his problems with his medical practice and that he might be suspended. Dr. Einstoss asked her to write a favourable letter regarding his character to his lawyer, which she did, using the words he had given her. At that same visit, Dr. Einstoss took Patient B’ s hands and told her he would take care of her forever. Patient B testified that she and Dr. Einstoss then
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DIALOGUE ISSUE 4, 2017