Patient discharged from practice feels defamed
Physicians not obligated to provide evidence
LAKEFIELD – A Lakefield man recently discharged by his doctor’s practice for allegedly obtaining narcotics outside of those prescribed to him is upset he was not given any facts to support the accusation, which he calls defamatory. Mark Kennedy has since obtained a new physician – his third in the last 25 years – but maintains he has been accused of something he didn’t do.
“This is not right … I have never in my life bought an illegal drug,” the 72-year-old said, calling an October 16 letter discharging him from the Bellevue Street practice libel and anything that may have been said about him slander.
Kennedy, who takes Lorazepam to treat his lifelong anxiety and personal traumas and Percocet to control pain related to a serious injury, for example, said he does not know what exactly narcotics his former doctor references.
The only possibility he can think of are decade-old medications that were in his house that he said are evidence in an ongoing court case that has been appealed. He admits police have been in his Old Burleigh Road home.
Kennedy’s doctor wrote that it came to his attention that Kennedy was “acquiring narcotics from outside sources” before reminding him such behaviour is illegal and constitutes drug abuse.
“This violates the trust in a doctor-patient relationship, which is a two-way street,” he wrote. “Narcotics are dangerous substances that when used properly help patients a great deal but when misused (i.e. supplement from external sources, without the doctor’s knowledge) cause overall more harm than good, both to patient and society.”
Doctors, however, are not obligated to reveal information that supports a decision to end the physician-patient relationship, College of Physicians and Surgeons of Ontario senior communications advisor Shae Greenfield said. He provided the policy that outlines the expectations when it comes to discharges, including situations that may lead a doctor to consider discharging a patient, such as “significant breakdown in the physician-patient relationship.”
“This relationship is built upon mutual trust and respect between the physician and the patient,” the policy states. “Where these qualities are absent or have been undermined, the provision of quality care may be compromised.”
When it comes to notifying the patient of the decision to end the relationship, the college recommends doing so in person, whenever possible and safe to do so, to help ensure clear communication. But they must also provide written notification, in a secure fashion, to maintain doctor-patient confidentiality.
“In most cases, it is appropriate and useful for the patient to be advised of the reasons why the relationship is being discontinued; however, physicians may use their discretion in situations where there is a genuine risk of harm associated with communicating those reasons to the patient,” the policy states.
A written request for comment was faxed to the doctor, but The Examiner has not received a reply.
NOTE: To view the CPSO policy outlining its expectations on ending the physician-patient relationship, visit www.cpso.on.ca.