Committee: Discipline
Decision Date: 09 Jan 2019
Summary:
On January 9, 2019, the Discipline Committee found Dr. Jane Catherine Gilbert had engaged in sexual abuse of a patient which was an act of professional misconduct and had engaged in 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.
FACTS
The hearing proceeded based on a Statement of Uncontested Facts and a plea of no contest. Dr. Gilbert is a psychiatrist. Dr. Gilbert first provided psychiatric treatment to Patient A in November 2009. Patient A was a very vulnerable individual who had experienced a serious medical illness and had a known history of psychiatric problems.
In September 2010, during an appointment with Patient A, Dr. Gilbert started to cry and told Patient A details about her marital problems. Patient A gave Dr. Gilbert a hug to console her and invited Dr. Gilbert to his house to have dinner with him and his wife. Dr. Gilbert accepted the invitation. Dr. Gilbert became friends with Patient A and his wife and started to attend their home regularly.
In the fall of 2010, while still treating Patient A, Dr. Gilbert initiated a sexual relationship with him. The sexual relationship continued until April 2014. Patient A’s wife did not know about the relationship. Between 2009 and 2014, Dr. Gilbert prescribed or administered Patient A numerous medications including anti-depressants, sedatives, narcotics, and medications for erectile dysfunction. While Dr. Gilbert attempted to end the sexual relationship in July 2013 it continued until April 2014.
DISPOSITION
The Committee concluded that, as a psychiatrist, Dr. Gilbert should have been cognizant of the boundaries between doctor and patient, particularly given the vulnerabilities that Patient A disclosed to her during their therapeutic relationship. Dr. Gilbert flagrantly violated her responsibilities as a doctor to do no harm and not to exploit the trust and dependence that develops in such circumstances. Dr. Gilbert abused Patient A’s trust and her own power, in a most serious manner. She engaged in sexual abuse of a patient, her actions were dishonourable, disgraceful and unprofessional, and seriously undermined the trust and confidence of the public in the entire profession. The severest sanctions and penalties are mandated legally and justified.
On January 9, 2019, the Discipline Committee ordered and directed that:
- The Registrar revoke Dr. Gilbert’s certificate of registration effective immediately.
- Dr. Gilbert 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, within sixty (60) days from the date of this Order in the amount of $16,060.00.
- Dr. Gilbert appear before the panel to be reprimanded.
- Dr. Gilbert pay to the College its costs of this proceeding in the amount of $6,000.00 within sixty (60) days from the date of this Order.
The Committee’s reasons for decision are reported as College of Physicians and Surgeons of Ontario v. Gilbert, 2019 ONCPSD 8.