Committee: Discipline
Decision Date: 04 Mar 2019
Summary:
On March 4th, 2019, on the basis of an Agreed Statement of Facts Re Liability, the Discipline Committee found that Dr. Siddhartha Mukherjee committed an act of professional misconduct, in that he has been found guilty of an offence that is relevant to his suitability to practise and engaged in an act or omission relevant to the practice of medicine that, having regarding to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
AGREED STATEMENT OF FACTS RE LIABILITY
Dr. Siddhartha Mukherjee (“Dr. Mukherjee”) is a 57 year-old obstetrician/gynecologist. Dr. Mukherjee treated Ms. B as a patient in May and June 2009, when Ms. B attended at the Emergency Department at the Hospital and for a subsequent consultation. Ms. B was referred again to Dr. Mukherjee for a consultation concerning a different matter in June 2010. He did not see her as a patient after June 2010.
Dr. Mukherjee next encountered Ms. B when she was completing a nursing placement in the labour and delivery ward at the Hospital where Ms. B subsequently worked as a part-time RN. Ms. B also worked as an RN in Dr. Mukherjee’s office.
Dr. Mukherjee was involved in an extra-marital sexual relationship with Ms B. During their relationship, Dr. Mukherjee prescribed a common antibiotic for Ms. B’s two children and Lorazepam for Ms. B for five days. Both Ms. B and her children had their own family doctor for the duration of the relationship.
Dr. Mukherjee’s wife learned of the affair. Dr. Mukherjee’s relationship with Ms. B deteriorated. Ms. B told Dr. Mukherjee on several occasions that she wanted to end the relationship, but Dr. Mukherjee pleaded for it to continue. During the relationship, Ms. B became financially dependent on Dr. Mukherjee. Dr. Mukherjee threatened to end Ms. B’s employment at his office, and take gifts back or demand to be repaid for cash gifts he had previously made to her. Ultimately, Ms. B went to the police.
Dr. Mukherjee was found guilty by Justice Selkirk of the Ontario Court of Justice of the following offences under the Criminal Code of Canada, committed against Ms. B:
a) mischief (two counts) pursuant to section 430(4); and
b) uttering threats to cause death or bodily harm pursuant to section 264.1 (1)(a).
The first mischief offence occurred when Dr. Mukherjee broke into the door of Ms. B’s house leading from the garage when she was not home, damaging the door. Dr. Mukherjee was enraged and wanted to confront Ms. B.
The second mischief occurred when Dr. Mukherjee deliberately drove his car into Ms. B’s car, thereby damaging it. After driving into her car once, Dr. Mukherjee reversed his car and drove into Ms. B’s car again. Ms. B backed up her car and drove to the police station but did not go in.
Dr. Mukherjee uttered threats to Ms. B by text messages on three occasions. On one occasion, Dr. Mukherjee texted Ms. B, “[Ms. B’s name] someday I will slit Ur throat - I m slick surgeon u should know that” [sic]. On another occasion, Dr. Mukherjee texted Ms B, “U have got me mad Im fuckjng killing u” [sic] and “I will kill u someday” [sic]. Dr. Mukherjee’s threats were intended to intimidate Ms. B.
Dr. Mukherjee was sentenced to a conditional discharge and 12 months’ probation.
ADMISSION
Dr. Mukherjee admits the facts above and admits that the conduct described constitutes an act of professional misconduct in that he has been found guilty of an offence that is relevant to his suitability to practice under clauses 51(1)(a) of the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18; and that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all of the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional contrary to section 1(1)33 of O.Reg. 856/93 made under the Medicine Act, 1991.
AGREED STATEMENT OF FACTS RE PENALTY
Dr. Siddhartha Mukherjee (“Dr. Mukherjee”) was sentenced to a conditional discharge and 12 months’ probation. Dr. Mukherjee fulfilled all the terms of the conditional discharge, which included: complying with a safety plan as set out by the Hospital; making a $1,000 charitable donation to the Bernadette McCann House; and completing a 12-session counseling and rehabilitation program for resolving conflict in non-abusive ways (“Living Without Violence”).
Dr. Mukherjee’s privileges at the Hospital have never been limited or restricted. Dr. Mukherjee voluntarily entered into an agreement with the Hospital to ensure that he did not encounter Ms. B in the workplace (“safety plan”). Dr. Mukherjee was required to comply with the safety plan as part of his bail conditions and subsequently as part of his probation. The agreement also required him to reflect on what had occurred by engaging in psychotherapy sessions (including cognitive behavioural therapy) for a period of time to be determined by the therapist, and to work with a workplace mentor. Dr. Mukherjee has complied with all of these obligations to the full satisfaction of the hospital. Ms. B no longer works at the hospital.
Dr. Mukherjee has undergone therapy and remediation, including:
- Successful completion of the Partner Assault Response Program aka Living Without Violence.
- Successful completion of the Understanding Boundaries course, at his own expense, at the Schulich School of Medicine & Dentistry in London, Ontario.
- Assessment by forensic psychiatrist as required by the hospital, as well as completion of psychotherapy sessions (twelve hours, including cognitive behavioural therapy), at his own expense, with psychotherapist Michele Riopelle. Ms. Riopelle’s opinion included that Dr. Mukherjee was fully engaged in receiving psychotherapy and gained understanding, insight and self-awareness throughout the therapeutic process.
According to Ms. Riopelle:
- “...I believe Dr. Mukherjee, found himself in a position, based on vulnerability in his home life, that escalated beyond what he could have foreseen given his experience, knowledge, information, and vulnerabilities at that time.”
- Working with a workplace mentor at the Hospital on a monthly basis to discuss and review his conduct and interpersonal performance in the workplace, as required by his agreement with the hospital.
Dr. Mukherjee’s probation ended on February 23, 2016. Since then, Dr. Mukherjee has had no further criminal charges and/or convictions.
Dr. Mukherjee cooperated with the College’s investigation. He has had no previous findings before the Discipline Committee.
DISPOSITION
The Discipline Committee ordered that:
- Dr. Mukherjee attend before the panel to be reprimanded.
- The Registrar suspend Dr. Mukherjee’s certificate of registration for a period of six (6) months, commencing immediately, and that Dr. Mukherjee comply with College Policy
#2-07 “Practice Management Considerations for Physicians Who Cease to Practise, Take
an Extended Leave of Absence or Close their Practice Due to Relocation”.
- The Registrar place the following terms, conditions and limitations on Dr. Mukherjee’s certificate of registration:
(a) Dr. Mukherjee will, at his own expense, participate in and successfully complete comprehensive and intensive instruction in anger management approved by the College, no later than twelve (12) months from the date of this Order.
- Dr. Mukherjee pay costs to the College in the amount of $6,000.00 within 30 days of the date of the order.
Dr. Mukherjee waived his right to an appeal under subsection 70(1) of the Code and the
Committee administered a public reprimand.