Minister to probe complaints against doctors
Hoskins invokes new powers to acquire information on how cases were handled
In an unprecedented move, Health Minister Eric Hoskins is probing how Ontario’s medical regulator handled complaints against physicians in the mid-1990s, in the wake of a Star investigation about women accusing a prominent Brampton physician of groping them during a period stretching back 40 years.
Hoskins said Wednesday that “to support transparency, patient safety and zero tolerance of sexual abuse of patients,” he is requesting information from the College of Physicians and Surgeons of Ontario (CPSO) on how it handled a 1994 complaint against Dr. Brian Thicke, which was dismissed, as well as “potentially other complaints in the mid-1990s” unrelated to Thicke.
“Upon receipt, I will determine next steps to ensure that the CPSO is being as transparent as expected and acting in the best interest of the public,” he said in a statement to the Star.
The minister is, for the first time, invoking new powers granted to him last year by the legislature to compel information from a self-regulating health college.
Those powers, as well as other amendments to the Regulated Health Professions Act, came in the wake of a different Star investigation into doctors still at work after having been found guilty of sexually abusing their patients. A CPSO spokesperson said Wednesday they agree the legislation allows the college “to provide confidential information” to the minister.
“And if he makes a request, we’ll comply,” Kathryn Clarke said.
Medical malpractice lawyer Paul Harte, who is not involved in the Thicke case, said Hoskins should be “commended” for using the new powers.
“A proper investigation can only improve public trust in the college regulatory system,” he said. “Hopefully, the investigation will provide answers to the many questions raised about the college’s ability to adequately investigate and put an end to sexual abuse in the medical profession.”
The Star’s latest investigation, published Tuesday, described women accusing Thicke, 88, of groping them during a period going back to the 1970s, including a nurse and former patients, several of whom have since filed their own complaints to the CPSO.
Thicke, father of the late actor Alan Thicke and grandfather to singer Robin Thicke, retains an active licence to practise.
He was ordered in December to face a public discipline hearing for allegedly groping the breasts of Lisa Fruitman in 1993 and 1995 during a physical required for a private pilot’s licence. Transport Canada has said breast exams were never required for what is known as an aviation physical.
The allegations from Fruitman and other women have not been proven. Thicke’s lawyer has said the doctor has no comment on the allegations as his case is before the college.
The CPSO’s complaints committee had initially dismissed Fruitman’s allegations behind closed doors, but was ordered to review the case last year after Fruitman went to a civilian appeal body, which criticized nearly every finding made by the complaints committee.
The appeal decision noted that a different woman went to Peel police in 1994, complaining of an inappropriate breast exam by Thicke during an aviation physical, similar to Fruitman.
“During the examination, (Thicke) stated: ‘Now we are going to look at your boobies,’ ” the complainant alleged, according to an excerpt of the police report contained in the appeal decision. “He then raised her shirt, undid her bra, raised her bra and then squeezed her breasts. (Thicke) then stated: ‘You have full healthy breasts and you should get them checked regularly.’
“The victim subsequently made inquiries and feels the examination of her breasts was inappropriate for an aviation medical examination and reported it to Peel police.”
According to the police report, Thicke was arrested on June 29, 1994, and admitted to police to doing breast exams as part of the aviation physical for the past 38 years, but denied using the word “boobies.” He was not charged, as police concluded there was “no intent” to commit sexual assault.
A supplemental note from the investigating officer, also contained in the appeal decision, indicates that officers contacted other doctors who do not routinely conduct breast exams as part of the aviation physical.
“(Thicke) was apprised of procedures for conducting breast examinations to assist in preventing any further uncomfortable feelings in his patients,” the investigating officer’s note said. “The College of Physicians and Surgeons of Ontario . . . has been advised they will deal with any alleged inappropriate conduct by (Thicke). The victim was satisfied with the police investigation.”
According to the appeal decision, the CPSO did receive information from Peel police, and the file on Thicke was closed in 1995 at the college “on manager’s approval.”
Today, the college will provide no further details, saying it is prevented from doing so by legislation. Two women have alleged being groped by Thicke after 1994 — Fruitman in 1995 and Miryana Golubovich, who saw Thicke for a physical required for her flight attendant job, in 2005.
Hoskins has made cracking down on sexual abuse by health professionals, as well as greater transparency from the various health colleges that licence and discipline them, a priority during his in time in office, which he highlighted in his statement to the Star on Wednesday.
“As minister, I am committed to ensuring that all patients have access to information that can enhance their trust and confidence, and supporting Ontarians in making informed decisions about their care,” he said.
“I have made clear my expectation that all 26 health regulatory colleges make transparency a priority and I want to acknowledge and thank the colleges for their significant efforts and progress.”
Following the Star’s previous investigation into doctors still working after sexual-abuse findings, Hoskins established a task force on sexual abuse by health professionals, chaired by Marilou McPhedran, now a Manitoba senator. It was McPhedran’s third task force on the same topic.
“The time has come for a new system,” McPhedran told the Star in a previous interview. “In over 25 years, since the first task force finding of college inadequacy, there is no evidence of improvement in either attitude or procedures in relation to sexual-abuse complaints.”
The main recommendation of the latest task force was that an independent body be set up to investigate and adjudicate sexual-abuse allegations by health professionals.
While that recommendation has not yet been acted on, the Ministry of Health has hired an outside expert, Deanna Williams, former registrar of the Ontario College of Pharmacists, to work with an advisory team on studying the recommendation as well as others. Jacques Gallant can be reached at jgallant@thestar.ca