Issue of race raised at hearing for N.S. doctor accused of professional misconduct

Tempers flared and the issue of race erupted Tuesday at a hearing into allegations of professional misconduct against a Nova Scotia doctor.

The hearing of the College of Physicians and Surgeons of Nova Scotia comes after three patients lodged complaints against Dr. Manivasan Moodley, including a woman who testified Monday the physician performed an episiotomy against her wishes during childbirth.

On Tuesday, the woman's partner described the surgical procedure as an assault, and used terms like "dictatorial" and "intimidating" to describe how Moodley treated the woman during her delivery four years ago.

Moodley's lawyer, Muneeza Sheikh, asked the witness whether he understood what it meant to use a term like "assault" against a racialized person. Moodley is from South Africa and is East Indian. The complainant and her partner are both white.

Sheikh's questioning became heated at times and she challenged the witness when he said he only saw Moodley as a doctor.

"It can be seen as a racially charged comment that can minimize their lived experiences," said Sheikh, who appeared via video link.

The man stuck by his use of the word "assault" and said he didn't like what happened to his partner. "That's how it feels to me," he said.

Issue of mental health raised

When the hearing opened Monday, the woman testified she had expressly told Moodley that she did not want the surgical procedure, which involves creating an incision in the perineum.

She said the incident has left her traumatized and distrustful of the medical profession. Her identity is protected by a publication ban.

Her partner faced a lot of questions Tuesday about the woman's mental health. He echoed the complainant's earlier testimony that she was traumatized by her encounter with Moodley. But both said under cross-examination that she had struggled with anxiety and depression prior to childbirth and had been taking medication, which continues to this day.

The man repeatedly used the phrase "I don't recall" in response to questions about what he remembered from four years ago.

At one point, after comparing his testimony Tuesday with transcripts of his previous comments, Sheikh challenged the man. "You're being dishonest and you're lying under oath," the lawyer said.

Moodley scheduled to testify next week

The lawyer for the college, Marjorie Hickey, frequently objected to Sheikh's line of questioning, saying she was being sarcastic and asking the man questions to which he couldn't know the answers.

Moodley, who practises in northern Nova Scotia and Cape Breton, appeared at the hearing via video link. The complainant and her partner testified in person before the five-member panel that is holding its hearing in Bedford.

The hearing was originally planned for eight days but has fallen far behind schedule. That has created headaches for the lawyers and forced them to call witnesses out of order.

The original plan was to complete testimony on the case of the first complainant before the other two cases were presented to the panel. Now the availability of witnesses is dictating when they will be called.

Moodley is scheduled to testify next week. Sheikh said her client will testify in person.