News Releases
Discipline Committee Decisions
Dr. Richard Alexander Irvine; Dr. Robert Stewart Cameron; Dr. Eleazar H. Noriega; Dr. Kim Choy Lui; Dr. Miguel Marc Joseph Bonin; Dr. Behnaz Yazdanfar
February 1, 2012
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 Doctor Search section of the College’s website at http://www.cpso.on.ca/docsearch.
Dr. Richard Alexander Irvine, New Hamburg. On November 15, 2011, the Discipline Committee found that Dr. Irvine committed an act of professional misconduct, in that he engaged in disgraceful, dishonourable or unprofessional conduct.
Dr. Irvine engaged in prescribing to family members contrary to College policy; treating family members for conditions which were not urgent and where other health care professionals were available; and treating family members and not taking steps to transfer their care to other physicians.
The Discipline Committee ordered a public reprimand; a four-month suspension of Dr. Irvine's certificate of registration; and he is to pay to the College costs in the amount of $3,650.
Dr. Robert Stewart Cameron, Tilbury. On December 5, 2011, the Discipline Committee found that Dr. Cameron committed an act of professional misconduct, in that he engaged in disgraceful, dishonourable or unprofessional conduct in relation to his failure to see, assess, treat or respond to a two-year-old boy while the boy was in the clinic and suffering from a life threatening anaphylactic reaction. Dr. Cameron was aware that the child was in the clinic, and yet did not leave his office at any time to attend to the child or to assist the paramedic while a medical emergency was occurring in the immediate vicinity. Fortunately for the child, the paramedic was immediately available and arrived and provided life-saving measures within minutes of the receptionist placing the ambulance call.
The Discipline Committee ordered a public reprimand and a one-month suspension of Dr. Cameron's certificate of registration. A specified term and condition was also imposed on his certificate of registration, namely that Dr. Cameron shall successfully complete a one-to-one educational program in medical ethics specifically tailored to address the issues raised at the hearing and he is to pay the College’s costs in the amount of $7,300.
Dr. Eleazar H. Noriega, Toronto. On July 18, 2011, the Discipline Committee found that Dr. Noriega committed acts of professional misconduct, in that he has engaged in sexual impropriety with a patient and in disgraceful, dishonourable or unprofessional conduct.
In 1979, Dr. Noriega inappropriately rubbed the clitoris of a 16-year-old female patient during a medical appointment at a teen health clinic.
On December 7, 2011, the Discipline Committee ordered a public reprimand; and the revocation of Dr. Noriega's certificate of registration. Dr. Noriega is further ordered to pay costs to the College in the amount of $10,950.
Dr. Noriega appealed the decision of the Discipline Committee to the Superior Court of Justice (Divisional Court). On December 22, 2011, the Divisional Court ordered that the Discipline Committee's December 7, 2011 penalty Order be stayed and that Dr. Noriega be permitted to practise under the terms of his July 22, 2009 undertaking pending the appeal.
Dr. Kim Choy Lui, Markham. On December 19, 2011, the Discipline Committee found that Dr. Lui committed an act of professional misconduct, in that he engaged in the sexual abuse of a patient, and he engaged in disgraceful, dishonourable or unprofessional conduct.
During the gynecological portion of a physical examination, Dr. Lui touched Patient A's vagina in a manner that was sexual in nature, began to lick Patient A's genital area, including her clitoris, and made inappropriate comments to Patient A. During the appointment, Dr. Lui disclosed details about his personal life to Patient A. Following the appointment, he contacted Patient A and continued to disclose personal details to her.
The Discipline Committee ordered a public reprimand, and the revocation of Dr. Lui's certificate of registration. Dr. Lui was further ordered to reimburse the College for funding provided to patients for therapy and counselling by posting an irrevocable letter of credit or other security in the amount of $16,060; Dr. Lui shall pay the College’s costs in the amount of $3,650; and the results of this proceeding are to be included in the College’s public register.
Dr. Behnaz Yazdanfar, Toronto. On May 4, 2011, the Discipline Committee found that Dr. Yazdanfar committed an act of professional misconduct, in that she failed to maintain the standard of practice of the profession; she has contravened the advertising regulation; and, she 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. The Discipline Committee also found that Dr. Yazdanfar is incompetent.
In respect of the patient KS, Dr. Yazdanfar failed to maintain the standard of practice: in her performance of liposuction; in her post-operative care and treatment; and, in her record keeping. Dr. Yazdanfar engaged in unprofessional conduct: in commencing liposuction on another patient while KS was unstable and/or failing to abort the liposuction on the other patient after learning of KS unstable and/or deteriorating condition; and, in knowingly breaching the acceptable standards of practice with respect to her performance of liposuction.
In respect of the patient FM, Dr. Yazdanfar failed to maintain the standard of practice: in her failure to obtain informed consent; in her performance of liposuction; and, in her post-operative care and treatment including her discharge arrangements. Dr. Yazdanfar engaged in disgraceful, dishonourable or unprofessional conduct in knowingly breaching the acceptable standards of practice with respect to her performance of liposuction.
In respect of the patient MP, Dr. Yazdanfar failed to maintain the standard of practice: in performance of liposuction; and, in post-operative care and treatment. Dr. Yazdanfar engaged in unprofessional conduct in knowingly breaching the acceptable standards of practice with respect to her performance of liposuction.
In respect of the patient QR, Dr. Yazdanfar failed to maintain the standard of practice and engaged in unprofessional conduct: in failing to obtain informed consent; in failing to provide the patient with a proper choice of procedures; in failing to advise the patient that she did not perform one of the requested procedures; in failing to adequately advise the patient of increased complications with increased implant size; in failing to select, assist the patient in selecting and failing to take responsibility for selection of appropriate implant size; and, in offering an inappropriate manner of correcting the first operation (using smaller implants in the same pocket).
In respect of the patient WX, Dr. Yazdanfar failed to maintain the standard of practice and engaged in unprofessional conduct: in failing to obtain informed consent; in failing to formulate an appropriate treatment plan, in that she failed to adequately advise about and explore all possible options for dealing with the patient’s presenting complaint; in failing to advise the patient of increased complications with increased implant size; in failing to select, assist the patient in selecting, and failing to take responsibility for selection of the appropriate implant size; in failing to make appropriate treatment decisions and recommendations; and, in failing to recognize and appropriately manage complications.
In respect of certain patients in her cosmetic surgery practice from 2005-2007, Dr. Yazdanfar failed to maintain the standard of practice: in the performance of liposuction, including performance of liposuction in combination with other procedures; in her engagement as a co-surgeon in the combination of liposuction and abdominoplasty; in her pre-operative evaluations; in failing to obtain informed consent in the patients with co-morbidities; and, in her post-operative care and treatment. Dr. Yazdanfar engaged in disgraceful, dishonourable or unprofessional conduct in knowingly breaching acceptable standards in her performance of liposuction.
Dr. Yazdanfar contravened the advertising regulation and engaged in disgraceful, dishonourable or unprofessional conduct through posting advertising on the Toronto Cosmetic Clinic website, which is misleading or deceptive and which contains testimonials and/or superlative statements about her cosmetic practice.
The Committee found that Dr. Yazdanfar is incompetent in relation to her care of two liposuction patients in 2007, certain liposuction patients in her cosmetic surgery practice from 2005 to 2007, and in the care of two breast augmentation patients in 2007 and 2008.
On December 21, 2011, the Discipline Committee ordered a public reprimand, and a two-year suspension of Dr. Yazdanfar's certificate of registration. In addition, the Committee imposed specified terms, conditions and limitations on Dr. Yazdanfar's certificate of registration, such that she is restricted from performing all surgery, except as a surgical assistant in a hospital based setting, provided that a member of the College who is approved by the College is in attendance and performing the surgery. Dr. Yazdanfar shall cooperate with unannounced inspections of her practice and patient charts, conducted at her own expense, by a College representative(s), for the purpose of monitoring and enforcing her compliance with these restrictions. Dr. Yazdanfar shall publish the terms, conditions and limitations imposed on her certificate of registration in any advertisement of her clinic where she is referred to, including on her website, and shall post signage of these restrictions in a form acceptable to the College in the Toronto Cosmetic Clinic or any other clinic owned by her. Dr. Yazdanfar was further ordered to pay to the College part of its costs in the amount of $219,000.
On January 20, 2012, Dr. Yazdanfar appealed the decision of the Discipline Committee to the Divisional Court. Given the finding of incompetence, the decision of the Discipline Committee remains in effect despite the appeal.
Dr. Miguel Marc Joseph Bonin, Sudbury. On January 16, 2012, the Discipline Committee found that Dr. Bonin committed an act of professional misconduct, in that he engaged in disgraceful, dishonourable or unprofessional conduct.
Patient A was referred to Dr. Bonin for prenatal and maternity care. During an appointment in 2007, in the presence of Patient A's common law partner, Patient A reports that Dr. Bonin stated "isn't this like a dream or a fantasy that you're getting felt up with two in the same room."
Patient B was referred to Dr. Bonin for prenatal and maternity in 2007. Patient B reports that Dr. Bonin made inappropriate comments during vaginal exams that made her uncomfortable. During an exam, Patient B reports that Dr. Bonin said to her a comment like, "you like it dirty, you like it rough." Patient B reports that Dr. Bonin additionally commented to her, "I became this kind of doctor so that I could see pretty women in my office."
Patient C was referred to Dr. Bonin for prenatal and maternity care by her family doctor in 2007 when she was pregnant with her first child. Patient C reports that Dr. Bonin asked her how often she has sex with her husband and questioned how many times she climaxes. Patient C reports that while being educated on the subject of breastfeeding, Dr. Bonin told her that she was well endowed and has a very nice cup size.
Patient D was provided primary care with Dr. Bonin between 2000 and 2009. Patient D reports that in 2003, during her first pap smear, when she was approximately 22-years-old, Dr. Bonin told her to relax, lay back and think about her boyfriend. In 2009, Patient D was uncomfortable and began to bring her boyfriend with her to her prenatal appointments with Dr. Bonin. Patient D reports that on one occasion, during a prenatal appointment, when her boyfriend was not with her Dr. Bonin inquired where her boyfriend was. Patient D reports that she told Dr. Bonin that her boyfriend was out of town and Dr. Bonin said: "oh what time should you be expecting me tonight?"
The Discipline Committee ordered a public reprimand and a three-month suspension of Dr. Bonin's certificate of registration. A number of terms and conditions were also imposed on his certificate of registration, including that:
- with the exception of acting as a surgical assistant to a certified surgeon, Dr. Bonin shall not engage in any professional encounter or interaction with any female person except in the presence of a monitor, who is a member of a regulated health profession and is acceptable to the College;
- the monitor must remain in the examination or consulting room at all times during all professional encounters with all female patients and is required to carefully observe all physical examinations, including internal examinations of female patients;
- the monitor is required to maintain a log of all female patient encounters;
- Dr. Bonin shall post a sign in his office and consulting rooms notifying patients of the requirement to have a monitor present for all encounters with female patients;
- if Dr. Bonin acts as a surgical assistant to a certified surgeon who is operating upon a female patient, he must be in the presence of a regulated health professional throughout the entirety of the encounter with the female patient;
- Dr. Bonin shall keep the College updated with respect to all locations where he acts as a surgical assistant; and Dr. Bonin shall submit to, and not interfere with, unannounced inspections of his office(s) and practice(s) and patient charts by a College representative for the purposes of monitoring and enforcing his compliance with the terms of this Order.
Dr. Bonin was further ordered to pay to the College’s costs in the amount of $7,300.
For further information, please contact:
Kathryn Clarke
Sr. Communications Coordinator
Policy and Communications
416-967-2600 Ext. 378
800-268-7096 Ext. 378