DISCIPLINE SUMMARIES
the trial judge found that “the degree of responsibil-
ity attributable to the accused is at the high end of
the scale – a deliberate breach of trust by a person of
significant power and authority.”
The trial judge found that aggravating factors in-
cluded that the victims’ age, the accused was in a po-
sition of trust, the offences had considerable impact
on the victims, and that the assaults were persistent
and lengthy, and planned and deliberate.
ORDER
The Discipline Committee ordered: revocation of Dr.
Sanchez’s certificate of registration; a reprimand; and pay-
ment to the College for costs in the amount of $5,500.
At the conclusion of the hearing, Dr. Sanchez waived
his right to an appeal and the Committee administered
the public reprimand.
DR. REZA YAGHINI
PRACTICE LOCATION: Thornbury
AREA OF PRACTICE: Family Medicine
HEARING INFORMATION: Admission, Agreed Statement of
Facts; Joint Submission on Penalty
On February 13, 2017, the Discipline Committee
found that Dr. Yaghini committed an act of profes-
sional misconduct in that he engaged in an act or
omission relevant to the practise of medicine that,
having regard to all the circumstances, would reason-
ably be regarded by members as disgraceful, dishon-
ourable or unprofessional.
Dr. Yaghini is a family doctor who currently pro-
vides locum services to emergency departments in
various hospitals in Ontario.
At the relevant time, Dr. Yaghini practised in
association with a group of physicians in a family
health group in Thornbury, Ontario. The Group was
composed of a number of physicians, including Dr.
X and Dr. Yaghini. At the relevant time, Dr. Yaghini
also had privileges at the Grey Bruce Health Ser-
vices, (“the hospital”). Dr. Yaghini had access to the
hospital’s electronic medical records system (EMR).
Personal medical records pertaining to Dr. X were
stored in the hospital’s EMR.
In the period preceding the events at issue in this
hearing, the personal and professional relationship
between Dr. X and Dr. Yaghini had deteriorated
and become very poor. On September 17, 2014, the
Chief of Staff of the hospital contacted the College
to advise that the hospital had determined that Dr.
Yaghini had accessed Dr. X’s personal health records
through the hospital’s EMR on June 9, 2013. The
access by Dr. Yaghini was in breach of the hospital’s
policy on access to personal health information. Dr.
Yaghini was not authorized to view Dr. X’s personal
health records.
Dr. Yaghini acknowledged that he had no justifica-
tion for viewing the personal health records of Dr. X.
Effective November 29, 2014, Dr. Yaghini agreed to
voluntarily resign his privileges at the hospital at the
request of the Chief of Staff.
Dr. Yaghini’s explanation for viewing the personal
health records of Dr. X is that, in the context of their
deteriorating rel ationship, Dr. Yaghini accessed the
record because of his perception of ongoing bully-
ing and harassing behaviour by Dr. X towards him.
This perception caused Dr. Yaghini to be concerned
about his well-being and to question whether Dr. X
might have a health issue that was motivating Dr. X’s
behaviour towards him. For this reason, Dr. Yaghini
decided to access Dr. X’s personal health records.
On January 29, 2015, Dr. Yaghini completed a
course about confidentiality of patient information.
ORDER
The Committee ordered: a three-month suspension
on Dr. Yaghini’s certificate of registration; successful
completion of individualized instruction on medical
ethics; a reprimand; and payment of costs to the Col-
lege in the amount of $5,000.
At the conclusion of the hearing, Dr. Yaghini waived his
right to an appeal and the Committee administered the
public reprimand.
ISSUE 2, 2018 DIALOGUE
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