Previous Hearings
Committee: Discipline
Decision Date: 13 Mar 2015
Summary:
(April 11, 2014) Allegations of Dr. Patel's professional misconduct and incompetence have been referred to the Discipline Committee of the College. It is alleged that Dr. Patel is incompetent and/or failed to maintain the standard of practice of the profession in his care of 27 patients. It is further alleged that Dr. Patel has engaged in disgraceful, dishonourable or unprofessional conduct, including by: inadequate supervision of members of his staff and/or at his place of practice; improper delegation of controlled acts; improperly permitting and/or directing staff members to prescribe to patients; inappropriately having staff care for and treat patients in his absence; inappropriate billing to the Ontario Health Insurance Plan; conduct during a medical appointment with Patient A that included exposing the patient's breast without warning; inappropriately ending the doctorpatient relationship with Patient B; communicating inappropriately with Patient B; and failing to provide an acceptable audit trail for the electronic medical records of Patients A and B upon request by the College investigator and/or to maintain audit trails in accordance with College policy.
(November 19, 2014) It is alleged that Dr. Patel has engaged in disgraceful, dishonourable or unprofessional behaviour by failing to comply with his undertaking to the College dated May 1, 2014, including by continuing to delegate controlled acts and failing to abide by the recommendations of his clinical supervisor.
Decision Summary: On March 9, 2015, the Discipline Committee found that Dr. Patel committed an act of professional misconduct by failing to maintain the standard of practice of the profession in his care of 25 patients and is incompetent, in that, his professional care of these patients displayed a lack of knowledge, skill or judgment that was of such a nature or to such an extent that his practice should be restricted or that he is unfit to continue to practise. The Committee also found that Dr. Patel engaged in disgraceful, dishonourable or unprofessional conduct, namely: inadequate supervision of staff; improper delegation of controlled acts; improperly permitting and/or directing staff to prescribe to patients; inappropriately having staff care for and treat patients in his absence; inappropriate billing to OHIP; and breaching his undertaking to the College. Dr. Patel admitted to the allegations.
In addition, Dr. Patel pleaded no contest to and the Discipline Committee found that Dr. Patel committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession and that he engaged in disgraceful, dishonourable or unprofessional conduct regarding his care of Patients A and B.
An investigation into Dr. Patel’s practice was initiated after the College received information that Dr. Patel had been allowing staff to perform patient care beyond that which was appropriate for a non-physician staff member to provide. When College investigators attended at Dr. Patel’s clinic in April 2011, staff and patients were present. College investigators were advised that Dr. Patel was on vacation.
Dr. Patel inappropriately billed OHIP during the time period that he was on vacation in April 2011. OHIP billings for the time period of Dr. Patel’s absence indicated that the total amount billed in his name while he was on vacation was $34,079.14. Dr. Patel was not present in the office while any services were performed during this time. Dr. Patel inappropriately billed OHIP during this time period. Dr. Patel also engaged in other inappropriate billing practices: billing for a minor assessment when faxing prescription renewals to or receiving them from pharmacies; billing for a minor assessment when a patient’s family member dropped off or picked up a document, prescription or testing kit; and billing inappropriately with respect to administration of the Rotateq vaccination.
Dr. X, independent expert, identified a number
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): March 9, 11-13, 2015
Committee: Discipline
Decision Date: 17 Aug 1999
Summary:
On August 17, 1999, the Discipline Committee accepted Dr. Patel(s plea of guilty to the allegations set out in the Notice of Hearing and found him guilty of professional misconduct with regard to failing to maintain the standard of practice of the profession and unprofessional conduct.
The Discipline Committee ordered the following:
The penalty imposed by the Discipline Committee is as follows:
(1) Dr. Patel is required to appear before the panel to be reprimanded, the reprimand to be recorded on the Register.
(2) The Registrar will be directed to suspend Dr. Patel(s certificate of registration for a period of three months;
(3) The three month suspension will itself be suspended, provided that:
(i) Dr. Patel attends, as soon as possible but not later than November 30, 1999, at his own expense, a PREP assessment and completes any remedial and assessment steps recommended by the PREP assessor;
(ii) In the event that Dr. Patel scores level 3 or better at PREP, he will be permittedto practise while undergoing those remedial steps. In the event Dr. Patel scores level 4 or worse, he will be required to withdraw from practice pending his achieving level 3 or higher on re-assessment;
(iii) Dr. Patel will take, at his own expense, the course offered by The College entitled (Record-Keeping for Family Physicians( to be held on September 17, 1999;
(iv) Dr. Patel(s office records will be re-assessed by the College at his expense, on a date to be arranged between September 1, 2000, and December 31, 2000.
(v) In the event that Dr. Patel fails to comply with Paragraph 3(i), 3(ii), 3(iii) or 3(iv) herein, the Registrar shall be directed to suspend Dr. Patel(s Certificate of Registration for a period of three months, to commence an a date to be fixed by the Registrar.
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Aug 17, 1999
Committee: Discipline
Decision Date: 09 Oct 1991
Summary:
In October 1991, Dr. Patel pleaded guilty to a charge of professional misconduct, as defined in s. 27(21) of Ontario Regulation 448/80, as amended, in that he failed to maintain the standard of practice of the profession. The Discipline Committee accepted this plea and found Dr. Patel guilty of professional misconduct. Consequently, the Committee imposed the following penalty:
1. Dr. Patel was to be reprimanded, with the fact of the reprimand to be recorded on the Register.
2. Dr. Patel was to attend an Educational Tutorial Program and was to provide the Registrar with a report from the program supervisor indicating his satisfactory completion of the course.
3. Dr. Patel was to participate in a Heart and Stroke Seminar.
4. Dr. Patel was to consent to the Registrar sending to the McMaster Physician Review Program (PREP) a copy of these reasons, and was to complete the PREP and any Physician Enhancement Program(s) recommended, to the satisfaction of the Registrar.
5. Dr. Patel was to agree to bear all costs associated with fulfillment of the terms of this penalty.
6. In the event that Dr. Patel failed to meet any of these requirements within twelve months of this Order becoming final, his licence to practice was to be suspended until the conditions were met.
Appeal: No Appeal
Hearing Date(s): 09 Oct 1991