Discipline Committee Decisions
Dr. Sharif Tadros; Dr. Jeremy K.A. Roberts; Dr. Larry Scott Henderson; Dr. Israel Shoel Rosenhek; Dr. Michael Lee Francis; Dr. Allan W. Jackiewicz
November 29, 2010
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 Doctor Search on the College’s website.
Dr. Sharif Tadros, Burlington. On October 25, 2010, the Discipline Committee found that Dr. Tadros committed an act of professional misconduct, in that he failed to respond appropriately or within a reasonable time to a written inquiry from the College by not providing transcriptions of his patient charts in a timely manner in the context of an investigation into his practice. The Committee ordered a public reprimand; Dr. Tadros is to pay the College costs fixed in the amount of $3,650; and the results of the proceeding are to be included in the College’s public register.
Dr. Jeremy K.A. Roberts (No practice address). On November 3, 2010, the Discipline Committee found that Dr. Roberts committed an act of professional misconduct, in that the governing body for physicians in Alberta found that Dr. Roberts committed an act of professional misconduct that would be an act of professional misconduct in Ontario.
On or about March 13, 2008, Dr. Roberts was found guilty by the College of Physicians and Surgeons of Alberta of unbecoming conduct and/or demonstrating a lack of skill or judgment in that he had an inappropriate relationship, which included sexual activity, with his patient; he inappropriately used prescription medication without the prescription of another physician; he failed to create and maintain a clinical record for Patient "A" on five dates; and he failed to make arrangements for the transfer of care of Patient "A" to another psychiatrist.
The Committee ordered the revocation of Dr. Roberts' certificate of registration and a public reprimand. Dr. Roberts is further ordered to pay costs to the College in the amount of $3,650, and the results of the proceeding are to be included in the College’s public register.
Dr. Larry Scott Henderson, Whitby. On July 19, 2010, the Discipline Committee found that Dr. Henderson committed an act of professional misconduct, in that he has engaged in the sexual abuse of a patient. Dr. Henderson was Patient A's family physician from 1985 until the fall of 2000. Beginning in April 1997 and continuing during the time of the doctor-patient relationship, Dr. Henderson engaged in a sexual relationship, including intercourse, with Patient A.
On November 2, 2010, the Committee ordered the revocation of Dr. Henderson’s certificate of registration, a public reprimand, and that he is to reimburse the College for funding for therapy and counselling provided to patients by posting an irrevocable letter of credit or other security acceptable to the College in the amount of $13, 130. Dr. Henderson is further ordered to pay costs to the College in the amount of $10, 950 and the results of the proceeding are to be included in the College’s public register.
Dr. Israel Shoel Rosenhek, Windsor. On November 8, 2010, the Discipline Committee found that Dr. Rosenhek committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession in his care of multiple patients, including by failing to:
- diagnose medical conditions appropriately and in a sufficiently timely manner;
- appropriately manage cardiac risk factors;
- perform indicated investigations;
- monitor and act upon test results in an appropriate and sufficiently timely manner;
- appropriately monitor complications of medications;
- engage in appropriate discharge planning; and
- failed to maintain legible and sufficiently detailed records.
The Committee ordered a four-week suspension of Dr. Rosenhek’s certificate of registration; a public reprimand; and directed that a number of specified terms and conditions be imposed on his certificate of registration for an indefinite period of time. The restrictions include that Dr. Rosenhek shall practice solely in an office setting and shall not engage in any hospital-based practice and he shall practice only under the supervision of a clinical supervisor. The clinical supervisor shall only be discontinued if the supervisor is of the opinion that Dr. Rosenhek is ready to practice without clinical supervision, he has undergone an assessment by an assessor appointed by the College, the results of which are satisfactory to the College, and the College has approved the discontinuation. The number of patients whom Dr. Rosenhek may see in any 24-hour period has been capped as well. He is further required to engage in a program of continuing medical education in cardiology that fulfills all of the maintenance of certification requirements of the Royal College of Physicians and Surgeons of Canada; and he is to complete the College’s medical record-keeping course and an education program in communications acceptable to the College. Dr. Rosenhek is also required to abide by all recommendations made by the clinical supervisor as to practice improvements and professional development or education. Dr. Rosenhek was further ordered to pay costs to the College in the amount of $10,000.
Dr. Michael Lee Francis, Orillia. On November 17, 2010, the Discipline Committee found that Dr. Francis committed an act of professional misconduct, in that he contravened a term, condition and limitation that had been imposed on his certificate of registration which stipulated that he maintain a fax machine that is turned on and ready to receive faxes; and he engaged in disgraceful, dishonourable or unprofessional conduct by:
- returning to Canada Post unopened envelopes that he received from a radiology clinic containing the results of tests that he ordered for patients;
- failing to ensure that his patients understood they could go to a pharmacist of their own choosing;
- continuing to keep a dog in his office despite having received two previous cautions from the College about the inappropriateness of doing so;
- continuing to charge inappropriate fees to patients despite having received a caution from the College about this issue; and
- communicating in a rude and unprofessional manner with a patient.
The Committee ordered a two-month suspension of Dr. Francis’ certificate of registration; and directed that a number of terms and conditions be imposed on his certificate of registration. The restrictions include that he shall make reasonable efforts to repay to patients any archival fee and will post a sign in his office which says he will repay any archival fee if the patient has a receipt confirming payment; he is not permitted to have a dog in his medical office at any time when patients are present in the office; and he will have an additional fax line which is turned on and ready to receive all faxes, unless he is away on vacation. He is also to successfully complete educational programs in medical ethics and informed consent, and in communications, both programs to be approved by the College. Dr. Francis will also see a practice mentor/coach at least three times a year for one year, and he will be subject to a practice monitor to ensure his compliance with all restrictions that have been imposed on his certificate of registration.
Dr. Allan W. Jackiewicz, Niagara Falls. On November 22, 2010, the Discipline Committee found that Dr. Jackiewicz committed acts of professional misconduct, in the he failed to maintain the standard or practice of the profession by:
- failing to follow accepted antenatal clinical practice in both low and high risk pregnancies, such as failing to assess symphysis – fundal heights prior to 30 weeks;
- failing to appropriately manage second stage labour;
- failing to abandon in a timely manner operative vaginal deliveries, when indicated;
- undertaking high risk procedures in the labour and delivery suite when they ought to have been done in an operating room, and failing to have necessary help available for planned high risk procedures;
- failing to conduct and document an adequate fetal assessment before and after performing an external cephalic version;
- failing to promptly assess a patient at risk of placental abruption;
- failing to adequately interpret the results of fetal heart rate tracing;
- failing to thoroughly inspect a patient’s vagina following post-partum hemorrhaging; and
- failing to appropriately document in his patients’ medical records clinical information, interventions, and follow-up relating to his obstetrical and gynecological practices.
The Discipline Committee also found that Dr. Jackiewicz engaged in disgraceful, dishonourable or unprofessional conduct with respect to comments and remarks that he made to patients and/or their family members.
The Committee ordered a public reprimand; and for an indefinite period of time, Dr. Jackiewicz is prohibited from engaging in the management of labour and delivery for all pregnancies with the following exceptions:
- Dr. Jackiewicz is permitted to perform elective or on-demand caesarean section deliveries, only if a number of specified conditions are met, including that he consult with another physician to determine that a caesarean-section is appropriate in the circumstances, and he must practice only under the supervision of a College-approved supervisor for a period of six months. Furthermore, he will be subject to assessments of his clinical practice by a College-appointed assessor respecting the performance of caesarean sections, both at the conclusion of the period when he is under supervision, and every six months thereafter for a further year and a half after the period of supervision is satisfactorily completed.
- Dr. Jackiewicz may act as a surgical assistant to other College-approved obstetricians when they are performing hospital-based caesarean sections.
Dr. Jackiewicz shall inform all obstetrical patients of the above-referenced term, condition and limitation.
With respect to his gynaecological and office-obstetrical practices, Dr. Jackiewicz may only practice under the supervision of the College-approved supervisor. Upon completion of this period of supervision, he will also be subject to an assessment of his clinical practice by a College-appointed assessor respecting his gynaecological and office-obstetrical practices.
Dr. Jackiewicz shall complete a program in communications that is satisfactory to the College, which will involve multiple one-on-one sessions with a College-approved instructor. Dr. Jackiewicz shall pay all costs associated with implementing the terms of this Order; and pay costs to the College in the amount of $3,650.