Dialogue Volume 15, Issue 3 2019 - Page 61

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 61