Disciplinary Actions

The following brief summaries represent extracts of the newsletters provided to members at the time the matter arose.  More specific detail is available from the College office.

 

Dr. James B. Hanley, 2007

This psychiatrist, having been found guilty by the College of Physicians and Surgeons of Newfoundland and Labrador of professional misconduct in relation to sexual abuse of a patient, and having pled guilty before a Board of Inquiry in New Brunswick, was similarly found guilty of professional misconduct by the College in New Brunswick.  As a consequence, Council has revoked his license to practise medicine in New Brunswick. 

 

Dr. Jameel A. Khatri, 2005

This physician had plead guilty to a charge of possession of child pornography.  In the opinion of Council, this activity was inconsistent with the proper professional behaviour of a physician and, as a consequence, based on the authority granted to it under the Medical Act, revoked his license to practise in New Brunswick. 

 

Dr. X, 2003

There was a complaint that a physician had written a prescription for a patient not seen.  The prescription was then filled by a third party and sent to another country where the medication was not easily available.  The physician involved plead guilty to a charge of professional misconduct for misuse of the authority to prescribe and received a penalty of an unpublished reprimand. 

 

Dr. X, 2000

A physician was to perform two procedures on two different patients.  The procedures were somewhat similar, and the patients were of a similar age.  He relied on his own “booking” list to determine which patient was to have which procedure.  Unfortunately, his own list had the patients in the wrong order.  The first patient, thus, had the wrong procedure.  The matter was relatively easily corrected, although the patient had to be anaesthetized a second time.  There was no evidence of any long-term effect.  The physician acknowledged the error and made specific changes in his procedures.  To a charge of performing a procedure without consent, he admitted professional misconduct.  In an agreement with the Council, he was issued a reprimand without publication of his name.

 

Dr. Kwabena A. Akuffo-Akoto, 1999

This physician was found guilty of professional misconduct by the Professional Conduct Committee of the General Medical Council of the United Kingdom.  This finding was on the basis of four complaints of sexual abuse arising from patients in New Brunswick.

As a result of this finding, the General Medical Council revoked Dr. Akuffo-Akoto license and struck him from the Register.

Having been found guilty of professional misconduct in another jurisdiction, the Council of the College of Physicians and Surgeons of New Brunswick also found Dr. Akuffo-Akoto guilty of professional misconduct, revoked his license, and struck his name from the Registers.

 

Dr. X, 1999

During the course of a complaint investigation, this physician entered an agreement with the College to restrict certain aspects of his practice.  He confirmed this agreement in writing on three occasions.

However, he subsequently advised of his intention to continue practice without restriction, and on doing so, was charged with professional misconduct for breaching an agreement with the College with respect to his practice.

Having been subsequently found guilty of professional misconduct by a Board of Inquiry, this physician was ordered by Council to be subject to a reprimand, without publication of his name, as well as to pay the costs of the matter.

 

Dr. Y, 1999

There was a complaint that a physician had improperly left his practice in New Brunswick without notifying his patients, nor making any advance arrangements for alternate care.

The Code of Ethics advises the following:

• Having accepted professional responsibility for a patient, continue to provide services until they are no longer required or wanted, until another suitable physician has assumed responsibility for the patient, or until the patient has been given adequate notice that you intend to terminate the relationship.

 

The Regulations of the College preclude the following:

23. failure to continue to provide necessary professional services to a patient until the patient has had a reasonable opportunity to arrange for the services of another physician;

After discussions with the physician, he agreed to plead guilty to a charge of abandonment.   Council imposed the penalty of a reprimand, without publication of the physician’s name.

 

Dr. Joseph Arditti, 1998

This physician was the subject of six complaints.

One complainant alleged that she had developed a sexual relationship with him during the course of his treatment of her, and subsequently.  As a result, she had a child.  She further alleges she was required to promise not to file any formal complaint, as a condition for financial support.

A second complainant alleged that she had had sexual intercourse with this physician on two occasions.

There was a complaint from an individual, then a student nurse, that this physician had inappropriately made sexual advances toward her.

There were complaints from three other patients who alleged that, during the course of their treatment, they were touched in an inappropriate manner.

An agreement was reached between the College and Dr. Arditti as follows:

 

• Without admitting the specifics of any charge, Dr. Arditti acknowledged that professional misconduct had occurred.

• Dr. Arditti’s license to practise would be suspended for a period of one year.

• Dr. Arditti would agree to relinquish his license permanently and to not seek licensure again in New Brunswick, nor in any other jurisdiction.

 

Dr. X, 1997

As a result of complaints to the College, a physician pled guilty to three counts of professional misconduct involving the misuse of the authority to prescribe.  A summary of the errors which were acknowledged follows:

i.  The issue of five similar prescriptions to a single patient on a single visit in order that the patient could obtain a large supply of benzodiazepines as she was leaving the province and would lose her coverage for prescriptions.

ii.  The inappropriate prescribing of Ritalin and Talwin in combination.  This combination of drugs is frequently abused or trafficked.

iii. Inappropriate prescribing of benzodiazepines and codeine-containing compounds, including:

•  excessive prescribing of short-acting benzodiazepines, specifically triazolam and oxazepam;

• prescribing of triazolam and oxazepam concommittally;

• incidents of excessive daily consumption which should have suggested the possibility of trafficking;

• inappropriate duration of prescriptions and inappropriate number of refills;

• excessive prescribing of Fiorinal C;

• inappropriate concommittant prescribing of two codeine-containing compounds;

• excessive daily dosages of codeine, such as should have suggested the likelihood of trafficking.

As the result of an agreement with the College, the physician pled guilty to three charges regarding the above described activity.  A reprimand was imposed.  He relinquished certain narcotic prescribing privileges, and agreed to pay costs to the College in the amount of $7500.

 

Dr. X, 1996

Council received the report of the Board of Inquiry wherein a physician was charged with three counts of sexual impropriety and three counts of unprofessional conduct. He was found guilty on one count of unprofessional conduct for inappropriately touching the patient in a manner which the Board described as "patronizing, insensitive, and unprofessional".

After reviewing the findings of the Board, and its recommendation on penalty, and hearing from the physician and his legal counsel, Council ordered that the penalty should be a reprimand without publication. Council also made an order for costs related to the portion of the prosecution which had resulted in the guilty finding. This matter is subject to appeal.

 

Dr. Peter Jackson, 1994

This anaesthetist had been convicted of assault of a patient in January 1993. Under an agreement with the physician, it was the order of Council that his license to practise medicine be suspended and that such suspension would be deemed to be served from April 15, 1992 to July 15, 1992. It is noted that during this period of time this physician had his hospital privileges suspended and was not otherwise practising.

 

Dr. Khalid J. Hasan, 1993

This physician was charged with improperly obtaining medical records on a patient he was no longer caring for. A Board of Inquiry found that in response to a civil suit, Dr. Hasan had obtained mental health records for a purpose unrelated to the treatment of a patient at the time when the patient was not in his care, and thereby engaged in a conduct irrelevant to the practice of medicine that having regard to all the circumstances would be reasonably regarded by Council as disgraceful, dishonourable, or unprofessional.

The Board of Inquiry found the physician guilty of the above charge and made a recommendation on penalty.

At a hearing to consider the penalty, Council heard evidence in support of Dr. Hasan and ordered the following:

• A suspension of his license to practise medicine for a period of 4 months.

• That he submit to an independent psychiatric assessment by an examiner appointed by the College.

• That the completion of such an assessment be a condition of return to practice.

 

Dr. Lise Lacasse, 1993

This physician had plead guilty to a charge of criminal fraud relating to improper billing of Medicare. She had been sentenced to 30 days in jail.

The physician further plead guilty to a charge of professional misconduct before the College. As a consequence of the guilty plea, the Council ordered that her license to practise medicine be suspended for a period of six months, but such sentence to be suspended until and if there is a further finding of professional misconduct within the next five years

 

Dr. Floyd D. MacDonald, 1993

This physician had been found guilty of professional misconduct by a Board of Inquiry constituted under the Medical Act. The charges included sexual impropriety and the committing of acts relevant to the practice of medicine that, having regard to all the circumstances would reasonably be regarded by Council as disgraceful, dishonourable or unprofessional.

The Board of Inquiry made findings of guilt in response to 9 complainants. In the case of two of them, this involved a sexual relationship which extended over a number of years. The activity included both oral and vaginal intercourse in the physician's office or in the patient's home. One of these patients was an adolescent during this time.

Other patients alleged improper breast examination. The examinations were either unnecessary or included fondling, examination from behind, or oral contact with the breasts.

Complaints also concerned improper pelvic examinations including the use of an ungloved finger, attempts at manual stimulation, and examination with the patient standing when not medically indicated. Some of these patients were also adolescents at the time.

Other charges included improper conduct with hospital employees, including improper sexual remarks, kissing, and improper touching.

In totality, and after hearing evidence in support of the physician, Council ordered that the license to practise medicine of Floyd Duncan MacDonald be revoked and his name stricken from the Register.

 

Dr. X, 1993

It was alleged that a physician with an acknowledged problem with substance abuse was acting in such a way that the public interest required that his license to practice be suspended immediately pending a Board of Inquiry.  Attempts to reach a compromise had been unsuccessful.

Council voted unanimously to suspend this physician's license and appointed a Board of Inquiry to consider the matter.

Dr. Y, 1993

This physician plead guilty before a Board of Inquiry to a charge of improper prescribing.

The physician admitted that he had written a prescription for a patient known by him to be an addict when the patient approached him while the physician was in his car. This was done without any examination or assessment of the patient's medical condition.

In response to a guilty plea, and on the recommendation of the Board of Inquiry, the Council ordered that the physician receive a reprimand not recorded on the Register.  s a consequence there is no publication of his name.

 

Dr. Floyd D. MacDonald, 1992

The physician plead guilty to a charge of sexual impropriety in relation to an ongoing relationship with a patient.  As a consequence, Council imposed a suspension of one year, which was reduced to nine months on appeal. 

 

Dr. Khalid J. Hasan, 1991

This physician was found guilty of sexual impropriety in regards to have an improper sexual relationship with a patient.  His license was suspended for a period of three months. 

 

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