Previous Hearings
Committee: Discipline
Decision Date: 18 Oct 2016
Summary:
On October 18, 2016, the Discipline Committee of the College of Physicians and Surgeons of
Ontario found that Dr. Christopher Paul Brand committed an act of professional misconduct in
that he has engaged in 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.
Dr. Brand, a family physician who currently practices in Brechin, Ontario, was the medical
director of the Leacock Care Centre, a Long-Term Care Home licensed by the Ministry of Health
and Long-Term Care (“MOHLTC”) at the time of the incident described below.
One of the residents of the Centre, Patient A, was a man in his 70s with severe developmental
delays since childhood and many serious behavioural challenges. Patient A is mostly nonverbal
and has been in care for many years. Patient A often engaged in aggressive behaviour. This
behaviour was described as being akin to “temper tantrums.” During these “tantrums,” he was
observed to throw and bang on objects, throw himself on the floor, scream, yell and cry, and hit
or kick out around him.
On a date in November 2014, staff had been attempting to cut Patient A’s beard, and Patient A
refused. Staff asked Dr. Brand to assist because he had trimmed Patient A’s beard before.
When Dr. Brand approached, Patient A dropped to the floor and began kicking. Dr. Brand
grabbed Patient A’s legs or feet and pulled him on the floor, up the hall to a conference room,
which had previously been set aside as Patient A’s bedroom. Neither Dr. Brand nor Patient A
suffered any injuries in this incident.
At the time of the incident, residents were attending for breakfast and other activities in the area.
The incident was observed by at least three staff members, including a nurse, as well as a
compliance officer from the MOHLTC who happened to be in the building.
The nurse who observed the incident asked Dr. Brand to stop dragging the resident by his feet.
At that point, Dr. Brand had reached the door of the conference room. Dr. Brand was heard
stating to Patient A, “you don’t want to get your hair cut,” as he pulled Patient A towards the
conference room. Shortly after, Patient A exited the conference room, followed by Dr. Brand,
who was holding hair clippers and an extension cord. Dr. Brand was heard to say, “guess the
resident doesn’t want his hair cut then.”
Shortly after the incident took place, the Administrator of the Centre informed Dr. Brand that
this would not be tolerated. Dr. Brand replied by indicating it was Patient A they were talking
about and that he had been Patient A’s doctor for many years.
Very soon after, however, Dr. Brand acknowledged to the Administrator of the Centre that he
should not have dragged Patient A and that it was an error in judgment. He stated that, after
Patient A fell to the floor, Patient A started kicking, and for that reason Dr. Brand grabbed his
foot, “so he didn’t hurt anyone or me.”
At the time, Dr. Brand had recently undergone an abdominal surgery, and was concerned that
Patient A’s kicking might injure Dr. Brand. He therefore decided to restrain Patient A’s feet and
return him to his room.
Dr. Brand was terminated by the Leacock Care Centre on December 2, 2014.
PENALTY
On October 18, 2016, the Discipline Committee ordered and directed that:
- Dr. Brand appear before the panel to be reprimanded.
- The Registrar suspend Dr. Brand’s certificate of registration for a two month period, to
commence at 12:01 a.m. on October 19, 2016.
- The Registrar impose the following as terms, conditions and limitations on Dr. Brand’s
certificate of registration:
- At his own expense, Dr. Brand shall participate in and successfully complete,
within 6 months of the date of this Order, individualized instruction satisfactory to
the College and with an instructor approved by the College (the “Instructor”), on
professional behavior and managing difficult patients. The Instructor shall
provide a summative report to the College including his or her conclusion about
whether the instruction was completed successfully by Dr. Brand; and
- Prior to commencing individualized instruction, Dr. Brand shall engage in self-
study in medical ethics, which shall include a literature review with a written
report to be presented to, discussed with and reviewed by the Instructor.
- Dr. Brand pay to the College its costs of this proceeding in the amount of $5,000.00
within thirty (30) days from the date of this Order.
Decision: Download Full Decision (PDF)
Hearing Date(s): October 18, 2016
Committee: Discipline
Decision Date: 21 Jan 2002
Summary:
On January 21, 2002, Dr. Brand was found guilty of professional misconduct, paragraph 1(1)33 of O.
Reg. 856/93, in that he engaged in 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.
The Committee ordered, by way of joint submission:
- Costs to
the College in the amount of $5,000
- suspension for a period of 4 months, not to commence prior
to February 1, 2002 on a date satisfactory to the Registrar
- 3 months of the suspension will be
suspended provided Dr. Brand completes, at his own expense, an ethics couse satisfactory to the
Registrar to be completed within 12 months and the Registrar to be notified of the completion of
the course
- if course not completed within 12 months, the remainder of the suspension to go into
effect
- Reprimand to be recorded on the register
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Jan 21, 2002