Committee: Discipline
Decision Date: 10 Nov 2009
Summary:
On November 10, 2009, the Discipline Committee found that Dr. Kaplan committed acts of professional misconduct, in that he 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; that he has been found guilty of an offence that is relevant to his suitability to practice; and that he failed to maintain the standard of practice of the profession.
In October 2005, Dr. Kaplan physically assaulted a prostitute. In February 2007, Dr. Kaplan was found guilty of this assault, which included hitting and kicking. In September 2007, he was sentenced in respect of this offence. Dr. Kaplan failed to disclose the charges to the Medical Advisory Committee, the Credentialing Committee or the Chief of Staff at Cambridge Memorial Hospital, and he made a misrepresentation on his reappointment application to the Hospital for two consecutive years. Dr. Kaplan also failed to advise the College, when asked in writing on his 2005 and 2006 Annual Renewal Forms, that he was facing the criminal charges described above.
Furthermore, Dr. Kaplan's care and treatment of 22 patients fell below the standard of practice, including, but not limited to, his incomplete and inadequate documentation, management of hypertension, lack of follow-up with respect to abnormal lab results, and his use of certain combinations of anti-hypertensive medications.
The Discipline Committee ordered and directed that:
1. The Registrar impose the following term, condition and limitation on Dr. Kaplan's certificate of registration:
a) Dr. Kaplan shall successfully complete the College's Medical Record-Keeping for
Physicians course and the follow-up component at the earliest available date and
shall provide proof of same to the College upon completion.
2. The Registrar shall forthwith suspend Dr. Kaplan's certificate of registration for a period
of twelve (12) months. The Registrar shall suspend nine (9) months of this suspension:
a) In consideration of the fact that Dr. Kaplan's certification of registration has been
effectively suspended since October 31, 2008; and
b) On the condition that Dr. Kaplan make himself available to College staff within thirty (30) days of the date of this Order to schedule his participation in the Medical Ethics and Informed Consent course; and that he fully co-operate with the scheduling and attendance of this course at the earliest available date.
3. Dr. Kaplan appear before the Committee to be reprimanded, with the fact of the reprimand recorded on the register.
4. Dr. Kaplan pay costs to the College in the amount of $3,650 within ninety (90) days from the date of the Order.
5. The results of this proceeding be included in the register.