Watchdog suspends MD for sex abuse
Dr. Suganthan Kayilasanathan had sex with patient he helped get out of writing school exams
A Toronto doctor has been suspended for sexually abusing a patient for whom he had written two medical notes so she could avoid school exams.
The suspension imposed by a College of Physicians and Surgeons of Ontario discipline panel on Dr. Suganthan Kayilasanathan’s licence will remain in place until his penalty hearing, which has yet to be scheduled. Under Ontario law, a doctor found to have had sex with a patient must lose their licence at the penalty stage.
The discipline case against Kayilasanathan turned on whether the woman, identified as Ms. A due to a publication ban, could in fact be considered a patient as defined by Ontario law.
A five-member discipline panel heard that Kayilasanathan and Ms. A were acquaintances.
The panel also heard that after a long night of partying in 2010, the doctor suggested to the woman that he could write her a doctor’s note to avoid taking an exam for which she wasn’t ready.
He wrote her a second note to avoid another exam a week later.
Ms. A attended the walk-in clinic where Kayilasanathan worked on both occasions to retrieve the notes.
In the week between the first and second doctor’s notes, Kayilasanathan and the woman had sex at a hotel.
The discipline panel found in a decision released last Friday that Kayilasanathan was guilty of sexual abuse and unprofessional conduct.
In addition to the notes, he had also drafted a patient chart noting some of Ms. A’s symptoms, and billed OHIP for both of her visits, the panel noted.
In her testimony before the panel, Ms. A said none of the symptoms noted by the doctor in her chart were actually discussed at the clinic.
She was there strictly to get a note to get out of her exam, she testified. But she did have him examine her briefly with a stethoscope at her first visit.
“Because I said something like ‘Shouldn’t we make this look like a real doctor’s visit?’ ” she testified in February.
“I essentially used him to get a doctor’s note.”
Kayilasanathan’s lawyer, Andrew Parley, told the Star they are reviewing the discipline panel’s decision.
The discipline case proved to be an uphill battle for the college, which in recent years has ramped up efforts to crack down on sexual abuse.
Ms. A had not complained to the college about Kayilasanathan; she revealed to another doctor that she and Kayilasanathan had had sex.
Under Ontario law, healthcare professionals must report to their respective college when they learn of sexual activity between patients and health-care providers.
The doctor at first did not disclose Ms. A’s name to the college as Ms. A refused to give her consent, but the regulator ordered the doctor to turn it over. When Ms. A did not show up to testify as scheduled last November, the college indicated it was prepared to ask a judge for a bench warrant, which would have meant the police bringing Ms. A to the college to testify — a first for the regulator.
Ms. A hired a lawyer who tried to convince the discipline panel to quash the summons, but the panel refused, finding her testimony was crucial. Ms. A ended up testifying in February.
“Sexual abuse of a patient is the most fundamental breach of trust by a physician,” said college prosecutor Carolyn Silver in a statement.
“We are pleased with the finding and the fact that the public will immediately be protected from this physician.”