News Release

Discipline Committee Decisions

Dr. Sastri Narendra Maharajh; Dr. Israel Shoel Rosenhek; Dr. Walid Abawi; Dr. Mohammed Hussein

Sep 26, 2013

The College of Physicians and Surgeons of Ontario (“the College”) released the results of its most recent disciplinary hearings. The College is the licensing and disciplinary body for physicians in Ontario. Hearings are held to review allegations of professional misconduct and incompetence, and are open to the public. The following are brief summaries of recent discipline hearing results. The Discipline Committee’s full decisions and reasons for decisions are posted on the College’s website as they become available. Full decisions are located by entering the doctor’s name in the All Doctors Search section of the College’s website at www.cpso.on.ca

Dr. Sastri Narendra Maharajh, Mississauga. On July 29, 2013, the Discipline Committee found that Dr. Maharajh 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 disgraceful, dishonourable or unprofessional. Dr. Maharajh admitted the allegations.

Dr. Maharajh is a family physician practicing in Mississauga, Ontario. Patient A was a patient of Dr. Maharajh's since approximately 1992. She had several ultrasounds of the breast performed in order to investigate breast masses, which were always benign.

On July 5, 2011, Patient A attended for an appointment with Dr. Maharajh. Her complaints that day included wheezing and ongoing pain in the left breast. Dr. Maharajh examined Patient A's ears, nose and throat first and found that her throat was red. He told Patient A that she likely had a viral infection. Dr. Maharajh next began examining Patient A's chest with his stethoscope. He asked her to take deep breaths, with her head turned sideways towards the wall. At this point, Patient A was lying on the exam table with her left arm under her head. The wall was on her left hand side, and Dr. Maharajh was standing to her right. She was not wearing a gown.

Dr. Maharajh instructed Patient A to breathe deeply, and he placed the head of the stethoscope on her chest. He listened to both lung fields. At this point in the examination, Patient A felt something odd on her right nipple. She noticed that Dr. Maharajh's head was close to her chest. She felt something warm and pinching on her nipple. Dr. Maharajh instructed Patient A to breathe and then quickly put his lips on her nipple. This occurred three times. Patient A turned her head to look and saw Dr. Maharajh cupping her nipple with his mouth.

Patient A said, "What are you doing?" Dr. Maharajh stood up and said "Nothing".

Penalty decision has been reserved.

Dr. Israel Shoel Rosenhek, Windsor. On August 6, 2013, the Discipline Committee found that Dr. Rosenhek committed an act of professional misconduct, in that he has engaged in disgraceful, dishonourable or unprofessional conduct. Dr. Rosenhek did not contest the allegation.

Dr. Rosenhek was certified as a specialist in cardiology and internal medicine by the Royal College of Physicians and Surgeons of Canada effective December 7, 1983, and June 12, 1984, respectively. He continues to hold these qualifications. In January 1984, Dr. Rosenhek became a Fellow of the Royal College. This entitled him to use the designation of "FRCP(C)". Effective December 1, 1986, Dr. Rosenhek was removed from the register of Fellows because of his failure to pay annual dues. As a result, he was not entitled to use the designation FRCP(C). He was not reinstated as a Fellow until November 5, 2008 when the dues were paid. From 1986 to 2008, Dr. Rosenhek routinely represented himself as a Fellow of the Royal College by using the designation FRCP(C) in his professional communications with hospital administration, patients, physician colleagues and the public.

Dr. Rosenhek held privileges at Hospital A in 2006 and was bound by the hospital's credentialing/re-appointment process, including a policy requiring department members applying for reappointment to either submit certificates demonstrating their compliance with the Royal College's Maintenance of Competence Program ("MOC program") or documentation of adequate attendance at a major continuing medical education ("CME") event related to the specialists' field of practice. On Dr. Rosenhek's application for reappointment for 2007/2008, he indicated that he was a member of the Royal College and was fulfilling the requirement of the MOC program. He did not provide a certificate demonstrating his compliance with the program or any documentation of his CME for the relevant time period.

On July 13, 2007, the Chief of the Department of Medicine of Hospital A wrote to Dr. Rosenhek notifying him that his application was incomplete, as it failed to include proof his continuing medical education. He asked that Dr. Rosenhek submit this information on or before July 31, 2007. Dr. Rosenhek did not provide any additional information to the hospital in connection with his application for re-appointment in 2007-2008.

Dr. Rosenhek submitted another application for re-appointment to the professional staff of Hospital A for the 2008-2009 year. He failed to check "yes" or "no" to the questions regarding whether he was a member of the Royal College and whether he was fulfilling the requirements of the MOC program. He also failed to provide a certificate demonstrating his compliance with the MOC program or provide proof of his CME. Dr. X wrote to Dr. Rosenhek on March 3 and June 3, 2008, to advise that his application was incomplete for these reasons and asked him to complete his application and submit it by June 17, 2008. On August 21 and 25, 2008, Dr. Rosenhek wrote to Dr. X providing certificates indicating he had attended CME programs.

The Discipline Committee ordered and directed that Dr. Rosenhek attend before the panel to be reprimanded and pay the College costs in the amount of $15,000.

Dr. Walid Abawi, Toronto. On September 12, 2013, the Discipline Committee found that Dr. Abawi committed an act of professional misconduct, in that he engaged in disgraceful, dishonourable or unprofessional conduct.

The Committee found that while working at a hospital, Dr. Abawi led a nurse into a bathroom, and made unwanted and inappropriate sexual advances and remarks, tried to hug her and kiss her twice and then rested his body against the closed bathroom door. When the nurse stated she was leaving, Dr. Abawi did not stand in her way. The Committee found that in the context of the encounter, Dr. Abawi briefly confined the nurse without her consent, by his unwanted advances, his physical blocking of the door and the resulting psychological intimidation.

A penalty hearing is yet to be scheduled.

Dr. Mohammed Hussein, Lindsay. On September 23, 2009, the Discipline Committee found that Dr. Hussein committed an act of professional misconduct, in that he engaged in disgraceful, dishonourable or unprofessional conduct. Dr. Hussein admitted the allegation.

Dr. Hussein provided incorrect, untrue and inaccurate information in his application for a certificate of registration with the College, and in his application for a provisional licence with the Newfoundland Medical Board, in the following respects:

  • He was not in continuous practice between 1995 and 2000;
  • He was not practising medicine in Iraq between 1995 and 2000;
  • He declared that the answers he gave to the questions in the applications were true, complete and without the intent to mislead.

In his application to the College, he also failed to disclose that he discontinued his medical practice for over one year.

The Committee ordered a public reprimand and directed that the Registrar impose the following terms, conditions and limitations on Dr. Hussein's certificate of registration:

  • He shall successfully complete, at his own expense, the College's individualized instruction in professionalism and medical ethics on the next available date, and provide proof thereof to the College.

Dr. Hussein was further ordered to pay the College costs in the amount of $4,460.