Nova Scotia doctors subject of 236 complaints last year

A total of 236 complaints were lodged against Nova Scotia doctors last year, with concerns ranging from poor communication and attitude to more serious accusations such as crossing sexual or financial boundaries.

The figures were released by the College of Physicians and Surgeons of Nova Scotia, the governing body of doctors in the province. The numbers include:

• 81 complaints fell into the procedural or clinical category
• 39 complaints regarding prescribing
• 19 complaints of incorrect diagnosis
• 16 complaints alleging a doctor had crossed some boundary

The college has not responded to interview requests about the numbers.

All complaints are made in writing to the college. Once received, complaints are investigated by a committee of the college, which decides whether further action is necessary.

A complaint could be dismissed because of insufficient evidence, or a doctor could be counselled or cautioned. Nothing is usually disclosed at this stage in the process, and doctors and complainants are asked by the college to refrain from speaking publicly about what is going on.

It is only if investigators feel a doctor has made a serious error that the process will likely to go public.

11 doctors faced discipline

For the year just ended, 11 doctors faced serious discipline from the college, including licence suspensions, reprimands and conditions placed on their practices.

A reprimand is only issued if the doctor agrees to it. If the physician refuses to accept a reprimand from the college, the complaint can be referred to a disciplinary hearing, which operates much like a court.

Two doctors had their licences revoked in 2015.

One of those, Dr. Stephen Harley, has battled drug addiction, which has landed him in trouble with the college before. He was allowed to resume practising medicine in 2013 after an earlier licence suspension.

But last year, the college found Harley had violated the practice agreement he signed and revoked his licence. The college left the door open for Harley to reapply, but he won't be able to do it before November of this year.

Dishonesty

The second licence revocation last year involved Dr. Jalal Baghaee, who was a general practitioner in Parrsboro in northern Nova Scotia. Baghaee's case is unusual in that he was fully qualified for the general practice he opened in Parrsboro. The problem is he failed to disclose to the college that he was, in fact, a pediatrician.

Baghaee told the college he lied on his application because he was afraid that if he told the truth, he would be denied a license under the Clinician Assessment for Practice Program the college used to assess qualifications of doctors trained outside of Canada.

"But for the dishonesty, Dr. Baghaee would not have been licensed," the college's disciplinary committee wrote in its decision.

"With the integrity of the profession and confidence in the College's ability to regulate at issue, the committee was not prepared to return Dr. Baghaee to practice with knowledge of his dishonesty, pending a final disposition of the complaint."

Baghaee has now been allowed to return to family practice in Parrsboro, with restrictions on his licence.

Supreme Court of Canada

Doctors who are disciplined by the college can appeal to the courts if they're unhappy with the decision.

One such case involved Oluwarotimi Fashoranti, a family physician in Pugwash. He was found guilty of professional misconduct in 2013 for conducting an inappropriate examination of a woman in the emergency department of the Springhill Hospital.

The woman testified Fashoranti pulled up her shirt to expose her breasts and then fondled her. He denied the allegation.

The college suspended Fashoranti's licence for three months, ordered him to take extra training on appropriate boundaries with patients, and put restrictions on his licence that require him to have a chaperone present whenever he examines a female patient.

Fashoranti appealed the college's decision to the Nova Scotia Court of Appeal. In February 2015, the court rejected Fashoranti's appeal, saying it could find no fault in the way the college handled his case.

Fashoranti then tried to appeal to the Supreme Court of Canada, but the country's highest court announced in September it would not hear it.

Curtis Steele

In June 2014, Halifax psychiatrist Curtis Steele entered into a settlement agreement with the college after he was accused of taking nude pictures of a 14-year-old girl he was treating.

Steele admitted to professional misconduct and agreed to give up his licence to practice and to never reapply for it.

He is now facing a child pornography charge. His preliminary hearing on that charge is scheduled for next week.