‘TOO LITTLE, TOO LATE’
College launches new probe
Nearly four years after he resigned, the College of Physicians and Surgeons of Ontario has launched an investigation into former Ottawa fertility doctor Norman Barwin, the third time it has investigated him.
Some former patients say the latest probe is too little, too late.
Barwin, who was awarded an Order of Canada (now revoked) among other honours for his work in women’s health and the LGBTQ community during his career, is the subject of a class-action lawsuit involving dozens of former patients and their families. The lawsuit has yet to be confirmed in court.
Among those seeking to sue the former fertility doctor are 11 people who say they learned recently that they were conceived using the doctor’s sperm.
Peter Cronyn, one of the lawyers with Nelligan O’Brien Payne LLP who launched the lawsuit, said the college’s investigation of Barwin began “as a result of the allegations raised in our statement of claim.
“I am not sure how much impact this might have on Dr. Barwin at this stage given that he has resigned. But it does perhaps provide an opportunity for the college to make a statement in regard to the expected standards in the field of assisted reproduction.”
A former patient, who asked not to be identified for privacy reasons, said the college should have done more when it could make a difference.
“To me, it is too little, too late,” said the former patient, who is among those involved in the classaction suit. “This is the third time the college has investigated. Why did they not take his licence away? Why didn’t they test the children back then to see how widespread this was? As far as I am concerned, they should be investigating themselves.”
Around 1994, after receiving a complaint about an error at Barwin’s clinic, according to the college, Barwin was notified and said he “took some steps to ensure that no such errors would occur in his practice in the future.”
There were further sperm mixups that later came to the college’s attention.
The college investigated and “was unable to identify any evident errors in the conduct of the artificial inseminations or in Dr. Barwin’s office polices and procedures,” according to disciplinary records from 2014. He acknowledged, according to the college, that his errors “resulted in his failure to provide his patients with offspring from their intended biological fathers.”
The college suspended Barwin for two months, reprimanded him and fined him $3,650. In 2014, Barwin resigned his membership.
A spokesman said the college retains jurisdiction over former members for professional misconduct or incompetence dating back to the time when they were members. “The college takes its responsibility to protect the public and uphold the standards of the profession seriously and will continue to take all steps within its authority to do so.”
Paul Harte, a Toronto lawyer who has been critical of the college’s ability to regulate doctors, said the college’s past handling of complaints about Barwin underscores the need for tougher regulations around fertility clinics.