Mrozek, Michal Edmund (CPSO#: 25360)

Current Status: Active Member as of 27 Nov 1972

CPSO Registration Class: Restricted as of 17 Dec 2015

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:Charles Univ Prague Fac General Medicine, 1966

Practice Information

Primary Location of Practice
127 Westmore Drive
Suite 103
Rexdale ON  M9V3Y6
Phone: (416) 749-3933
Fax: 416-740-3822
Electoral District: 10

Hospital Privileges

No Privileges reported.

Hospital Notices

Source:  Hospital
Active Date:  March 7, 2013
Expiry Date:  
Summary:  
On May 10, 2013, William Osler Health System notified the College that Dr. Michal Mrozek's on-call privileges were suspended, effective March 7, 2013.

Specialties

Specialty Issued On Type
Psychiatry Effective: 09 Jun 1980 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 27 Nov 1972
Transfer of class of certificate to: Restricted certificate Effective: 17 Dec 2015
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 19 Jan 2017

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Inquiries, Complaints and Reports Committee Effective: 19 Jan 2017 Active View Details [+]


            As from 12:01 a.m., January 19, 2017, by order of the Inquiries, Complaints and
            Reports Committee of the College of Physicians and Surgeons of Ontario, the
            following terms, conditions and limitations are imposed on the certificate of
            registration held by Dr. Michal Edmund Mrozek:

                  (i)   Dr. Mrozek must continue to practice under the supervision of a
                        clinical supervisor who is acceptable to the College ("Clinical
                        Supervisor"), who has signed an undertaking in the form attached
                        hereto as Appendix "1".  The Clinical Supervisor must work on-site
                        with Dr. Mrozek each week for a sufficient amount of time to allow
                        him to engage in direct observation of at least twenty percent
                        (20%) of all patient appointments/assessments per week, including
                        direct observation of all of Dr. Mrozek's new patients.  The
                        Clinical Supervisor shall meet with Dr. Mrozek weekly and review
                        all of Dr. Mrozek`s charts by the end of each week and approve all
                        of his treatments and proposed treatments.  The Clinical Supervisor
                        will report to the College every four (4) weeks.
                  
                  (ii)  If Dr. Mrozek is unable to obtain a Clinical Supervisor as set out
                        in (i) above, Dr. Mrozek must cease practising medicine immediately
                        until such time as he has obtained a Clinical Supervisor acceptable
                        to the College.

Previous Hearings

Committee: Discipline
Decision Date: 06 Apr 2018
Summary:

On April 6, 2018, the Discipline Committee found that Dr. Michal Edmund Mrozek committed an act of 
professional misconduct, in that:  he has failed to maintain the standard of practice of the profession; 
and, 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.  
 
Dr. Mrozek is a psychiatrist practising in Toronto. He received his certificate of registration authorizing 
independent practice from the College of Physicians and Surgeons of Ontario in November 1972 and 
was certified as a specialist in psychiatry by the Royal College of Physicians and Surgeons of Canada in 
1980. At the relevant times, Dr. Mrozek maintained an office practice in the community, as well as a 
practice seeing patients at a Hospital. 
 
Failed to Maintain Standard of Practice 
 
Patient A, a woman in her fifties, first saw Dr. Mrozek in 2007 at the Hospital. At that time, as far as Dr. 
Mrozek was aware, she had no prior psychiatric history. Thereafter, Dr. Mrozek saw Patient A as a 
patient from 2009 to 2013.  
 
In May 2013, upon receipt of a complaint from a relative of Patient A about the care Dr. Mrozek 
provided to Patient A, the College retained a Medical Inspector to review Dr. Mrozek’s care and 
treatment of Patient A. The Medical Inspector concluded that Dr. Mrozek had fallen below the standard 
of practice in his care of Patient A in the following respects: 
 
-  Dr. Mrozek had failed to recognize or elicit the symptoms of psychosis, particularly hallucinations, 
   delusions and lack of insight into illness by Patient A, and did not attend with adequate care to the 
   opinions of colleagues and information provided by family members; 
-  Dr. Mrozek did not use accepted, standard diagnostic descriptors in his documentation regarding 
   Patient A; and 
-  Dr. Mrozek used sub-therapeutic doses of anti-psychotic medication in a form that was unlikely to 
   be taken and discontinued treatment in an individual who was likely to relapse.   
 
The Committee found that Dr. Mrozek committed an act of professional misconduct, in that he failed to 
maintain the standard of practice of the profession with respect to his care of Patient A. 
 
Disgraceful, Dishonourable or Unprofessional Conduct 
 
Failed to Cooperate with College Investigation 
 
On May 24, 2012, the Registrar of the College appointed investigators to investigate Dr. Mrozek’s 
practice. Dr. Mrozek was notified of the investigation on May 29, 2012. The College retained a Medical 
Inspector to review a number of patient records obtained from the Hospital and, later, to review the care 
Dr. Mrozek provided to Patient A in relation to the complaint made by her relative in May 2013. In the 
course of the College investigation, the investigator attempted to schedule an interview between the 
Medical Inspector and Dr. Mrozek. 
 
Subsection 76(3.1) of the Health Professions Procedural Code states:  “A member shall cooperate fully 
with an investigator.” The Committee found that it was not necessary to issue a summons to Dr. Mrozek 
to have him attend a meeting with the investigator and the Medical Inspector. The Committee found that 
Dr. Mrozek’s statutory duty “to cooperate fully” required him to attend a meeting with the investigator 
and the Medical Inspector, if requested, and respond to questions asked. Subsection 76(1.1) provides 
that, “An investigator may make reasonable inquiries of any person, including the member who is the 
subject of the investigation, on matters relevant to the investigation.” That subsection stands alone 
without any requirement for a summons. In the context of the section 76 as a whole, including, 
subsection 76(1.1), the duty to co-operate fully in subsection 76(3.1) must include a duty to respond to 
the “reasonable inquiries” of an investigator, without having to be summonsed.   
 
The Committee found that Dr. Mrozek was willfully non-compliant with the investigator’s requests to 
schedule the interview with the Medical Inspector. Dr. Mrozek did not respond to all correspondence in 
a timely fashion, cancelled scheduled appointments and attempted to impose unreasonable conditions on 
the interview including:  repeatedly objecting to the interview being recorded; insisting that his 
colleague attend although the investigator repeatedly reminded him that, because of issues of 
confidentiality, no third party, other than legal counsel, was permitted to attend the interview; and 
demanding the investigator not attend the interview. Ultimately, Dr. Mrozek only participated in the 
interview when the investigator and Medical Inspector showed up at his office, 20 months after the first 
request for an interview was made. 
 
The Committee found that Dr. Mrozek’s delay and attempt to frustrate and set parameters on the 
interview, in the face of twelve reminders of his duty to co-operate, constituted a breach of the duty to 
fully co-operate with the investigator. The Committee emphasized that public protection requires 
members to co-operate fully with the College’s investigation, including making efforts to meet with an 
investigator promptly upon request, so that the College can determine on a timely basis whether there 
are any patient safety concerns. The Committee found that Dr. Mrozek failed to cooperate fully with the 
College investigation was not a mere error of judgment, rather, rose to the level of professional 
misconduct in that he 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, 
dishounorable or unprofessional. 
 
Accessing Patients’ Personal Health Records without Consent or Authorization 
 
In March 2012, the Chief of Staff at the Hospital where Dr. Mrozek saw patients appointed a supervisor 
in respect of Dr. Mrozek’s practice. In November 2012, in response to a concern raised by the 
supervisor that Dr. Mrozek was not employing the DSM multi-axial recording formats for his diagnosis, 
Dr. Mrozek wrote a letter describing 11 charts (12 entries) where other psychiatrists also don’t use the 
multi-axial recording format in the DSM.  
 
The Hospital conducted an audit to determine whether or not patient files referred to in Dr. Mrozek’s 
letter were accessed appropriately. According to the audit results, the charts listed in Dr. Mrozek’s letter 
of November 2012 were all accessed by someone using Dr. Mrozek’s credentials and there were other 
charts accessed beyond the ones that were listed in Dr. Mrozek’s letter, i.e., a total of 41 patient charts, 
involving 39 patients were accessed.  
 
In response to the request from the Hospital’s General Counsel regarding the potential privacy breach 
with respect to patient records that he accessed, Dr. Mrozek wrote a letter in May 2013, wherein he 
confirmed that he accessed the above patient records for the sole purpose of reviewing the psychiatric 
diagnosis recording formats as employed by his Department of Psychiatry colleagues in their charting. 
He emphasized in his letter that he did not access the patient records for any improper or illicit purpose, 
but rather did so for solely educational and informational reasons, so as to assist him in preparing his 
response to the supervision report regarding his practice. In that letter, Dr. Mrozek also stated that he 
believes that obtaining prior authorization to access those of the records that were outside of his circle of 
care would have prevented unnecessary concerns. 
 
Based on Dr. Mrozek’s statements in his correspondence of November 2012 and May 2013, the 
Committee found that he accessed records of patients outside his circle of care without obtaining prior 
consent or authorization and that the reason he accessed those records was to assist him in his dispute 
with the Hospital and not for education or research purposes. The Committee noted that although Dr. 
Mrozek did not access patient records for the purpose of investigating personal circumstances of the 
patients, it does not mean that the privacy of the patients was not violated. As a physician, and in 
particular as a psychiatrist, Dr. Mrozek should have appreciated the confidential nature of the 
documents. The Committee found that Dr. Mrozek 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.  
       
A penalty hearing is to be scheduled.

Decision: Download Full Decision (PDF)
Hearing Date(s): Motion: January 3, 2017 Hearing Dates: July 17-19, 2017 Penalty hearing date: August 13, 2018