Committee: Discipline
Decision Date: 11 Sep 2017
Summary:
On September 11, 2017, the Discipline Committee found that Dr. Rasiklal Narshidas Morzaria committed an act of professional misconduct in that he has engaged in the sexual abuse of a patient and in that he has engaged in conduct or 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.
Sexual Abuse of Patient A during Regular Office Appointments
Dr. Morzaria treated Patient A from the time Patient A was six years old until he was twelve.
When Patient A and his mother attended at Dr. Morzaria’s office for appointments, Dr. Morzaria would often ask Patient A’s mother to wait outside the examination room, claiming that Patient A was old enough to be seen alone. When alone with Patient A, Dr. Morzaria touched, rubbed/stroked and played with Patient A’s penis. Dr. Morzaria would ask Patient A if it felt good, and tell him to come visit him on week-ends. When Patient A’s mother was in the room, Dr. Morzaria would usually just check Patient A’s genitals to follow up on a prior medical procedure.
At one appointment, while Patient A’s mother was outside the examination room, Dr. Morzaria took his penis out of his pants and asked Patient A to suck it. Patient A refused, but was scared. Dr. Morzaria told Patient A he was an undercover cop and that if he told anyone what was happening, he and his family would spend the rest of their lives in jail, which made Patient A afraid to tell his parents.
Sexual Abuse of Patient A during Weekend Visits to Dr. Morzaria’s Office
Dr. Morzaria would sometimes pick Patient A up at his home and drive him to the office on the weekends, when there were no staff members present. To arrange these visits, Dr. Morzaria would call the family home and speak to Patient A and his mother. Patient A’s mother agreed to these outings, which Dr. Morzaria had offered on his own initiative, as Dr. Morzaria was a doctor and she trusted him. Patient A felt he had to go, because he believed Dr. Morzaria was an undercover cop.
During one weekend visit, Dr. Morzaria showed Patient A a magazine or a book with pictures of private parts and stroke Patient A’s thigh. On other occasions, Dr. Morzaria made Patient A sit on his lap, and once, while Patient A was on his lap, he asked Patient A for a kiss. Patient A felt like he had no choice when Dr. Morzaria made him sit on his lap.
At one week-end visit, when Patient A’s sibling was with him, Dr. Morzaria grabbed Patient A by his arm and tried to take him into another room. Dr. Morzaria did not let Patient A go until Patient A said he would scream. At another appointment, Patient A cried, and Dr. Morzaria took him home.
On the way to his office on weekend visits, Dr. Morzaria took Patient A to the drive-through at Burger King and bought him food. He told Patient A to keep his head down, and to say that he was Dr. Morzaria’s grandson if asked. Dr. Morzaria promised Patient A a laptop and computer games for visiting him, and later gave Patient A and his family a computer and a laptop.
Patient A’s Disclosure of the Abuse
At his last appointment, Patient A refused to allow Dr. Morzaria to examine him below the waist. After this appointment, Patient A’s mother became suspicious and asked Patient A repeatedly about why he seemed to be acting differently with Dr. Morzaria. Shortly thereafter, Patient A disclosed to his mother that Dr. Morzaria had sexually abused him. Patient A and his mother terminated the doctor-patient relationship with Dr. Morzaria.
Dr. Morzaria’s Interference with Police Investigation
Dr. Morzaria called Patient A’s house after the matter was reported to the police, and tried to dissuade Patient A’s mother from pursuing her complaint with threats of publicity for her family.
On September 11, 2017, the Committee ordered and directed on the matter of penalty and costs that:
- the Registrar revoke Dr. Morzaria’s certificate of registration effective immediately.
- Dr. Morzaria reimburse the College for funding provided to patients under the program required under section 85.7 of the Code, by posting an irrevocable letter of credit or other security acceptable to the College, in the amount of $16,060.00, within thirty (30) days of the date of this Order.
- Dr. Morzaria appear before the panel to be reprimanded.
- Dr. Morzaria pay costs to the College in the amount of $27,500.00, within thirty (30) days of the date of this Order.