DISCIPLINE SUMMARIES
DR. BRIAN ALBERT SHAMESS
PRACTICE LOCATION: Sault Ste Marie DR. RAVISHANKAR THIMMANGUR
SHENAVA
AREA OF PRACTICE: General Practice PRACTICE LOCATION: Windsor
HEARING INFORMATION: Allegations Denied; Contested
Hearing AREA OF PRACTICE: Psychiatry
On June 11, 2019, the Discipline Committee, with
the exception of one panel member who issued a
dissenting decision, found that Dr. Shamess com-
mitted an act of professional misconduct, in that he
engaged in conduct of an act relevant to the practice
of medicine that would reasonably be regarded by
members as disgraceful, dishonourable or unprofes-
sional, by conducting a track mark examination of
Patient A that was insensitive and disrespectful. Dr.
Shamess' method of examination left Patient A feel-
ing exposed, violated and distressed.
The Committee did not make a finding with re-
spect to the allegation of sexual abuse of Patient A.
With respect to the misconduct at issue, the Com-
mittee commented that Dr. Shamess’ lack of profes-
sionalism while conducting the track mark examina-
tion of Patient A was a serious matter and could not
be dismissed as incidental or minor in nature.
ORDER
The Discipline Committee ordered: a reprimand
and payment for hearing costs to the College in the
amount of $5,090.00.
For complete details of the Order, please see the
full decision at www.cpso.on.ca. Select Find a Doctor
and enter the doctor’s name.
APPEAL
On July 9, 2019, Dr. Shamess appealed the decisions
of the Discipline Committee on finding and penalty.
The decision of the Discipline Committee is stayed
pending the outcome of the appeal.
HEARING INFORMATION: Admission; Agreed Statement
on Facts; Joint Submission on Penalty
On June 18, 2019 the Discipline Committee found
that Dr. Shenava committed an act of professional
misconduct, in that he has engaged in an act or omis-
sion relevant to the practice of medicine that would
reasonably be regarded by members as disgraceful,
dishonourable or unprofessional; has been found
guilty of an offence relevant to his suitability to prac-
tise; and failed to maintain the standard of practice
of the profession.
On September 6, 2018, Dr. Shenava pleaded
guilty and was found guilty of three counts of assault
contrary to s.266 of the Criminal Code of Canada.
The findings of guilt pertain to Patients F, K and L.
This finding of guilt was the result of Dr. Sheneva’s
failure to obtain his patients’ consent before physi-
cally contacting and/or examining them. Dr. Shenava
was placed on probation for two years. A condition
of his penalty was that he resign his membership
with the College and not reapply to practise in any
Canadian jurisdiction.
Dr. Shenava admits that, based on the facts ad-
mitted at the criminal proceedings, he engaged in
disgraceful, dishonourable or unprofessional conduct
towards Patients F, K and L.
Dr. Shenava also engaged in disgraceful, dishonour-
able or unprofessional conduct in the following ways:
• hugging patients without consent, asking for hugs
from patients, touching patients’ legs, backs and
arms;
• failing to maintain spatial boundaries, including
by sitting too close to patients and making pa-
tients uncomfortable with his proximity to them;
and
• making inappropriate personal comments to some
patients.
ISSUE 3, 2019 DIALOGUE
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