P.E.I. doctor's licence to be revoked for 2 years following relationship with patient
'I made — I'll say a stupid mistake — but I'll go further and I'll say the worst mistake of my life'
Dr. David Ashby faces a two-year licence suspension after admitting to professional misconduct, involving improper prescriptions and a sexual relationship with a patient.
Ashby, 72, made the admissions to a board of inquiry of the College of Physicians and Surgeons of P.E.I. Friday in Charlottetown.
He said he wrote prescriptions without a proper diagnosis to a patient, and had a sexual relationship with that same patient.
The board heard the patient was referred to Ashby for an infection in 2001 and that the doctor saw the patient three times until March 2003.
Ashby admitted he gave the patient two prescriptions in 2003 for anti-anxiety and anti-depression medications, which was outside of the scope of his medical practice.
He also admitted to having a sexual relationship with that patient between 2008 and 2015.
Complaints lead to investigation
The college began an investigation after getting complaints from three physicians in the fall of 2015.
The lawyer for the college, Gordon MacKay, told the inquiry Friday that an investigation revealed additional prescriptions written for the patient in 2006.
However Ashby said he had no recollection of writing those prescriptions and his lawyer confirmed they don't appear in any of Ashby's clinical records. Ashby also told the inquiry the prescriptions were not written in the way he usually writes them.
An investigation by the college found the sexual relationship was consensual, but the board found it crossed doctor-patient boundaries. The board also noted there was a power imbalance between the two: that the patient was vulnerable due to being 30 years younger than Ashby, and the patient struggled with mental health and addiction issues for years.
The board also noted that Ashby was in leadership roles, including medical director of ambulatory care at the Queen Elizabeth Hospital, and should have known better.
'A nightmare'
However, it also noted that Ashby admitted wrongdoing — and that if he hadn't, it would have recommended a more serious penalty, including revoking his licence with no ability to reapply.
In admitting to professional misconduct, Ashby apologized to his family.
"By being unfaithful to my wife I have betrayed her and my family," Ashby said.
"The last three years have been a nightmare," he continued. "That's all because I made — I'll say a stupid mistake — but I'll go further and I'll say the worst mistake of my life."
Ashby said he hasn't been in contact with the patient since 2015.
"When I last met Patient A in 2015 we seemed to be on very good terms as usual. I've had no contact with Patient A since then so I really can't say more about his current condition."
Ashby's lawyer told the board he is compassionate by nature and has an "unblemished record," adding this will likely end his career as a physician.
Written decision expected in January
The board of inquiry has recommended Ashby's licence be revoked for at least two years — along with a number of conditions if he does reapply after that time.
Those conditions include counselling from a mental health professional who can assess that he is, in their opinion, fit to return, continuing medical education around patient-doctor boundaries, limiting his role to surgical assistant with no capacity to prescribe medications, and that he is not able to take on a leadership role in medicine.
The board also recommends Ashby be fined $10,000, and that he pay an additional $30,000 to the college toward the cost of the investigation.
The board will make its recommendations to the council of the College of Physicians and Surgeons of P.E.I., with a written decision expected in mid-January.