Doctor can practise without restrictions
Accused of sexually assaulting a patient, court rules he can still work
A doctor accused of sexually abusing a patient will work without restrictions while his case is heard by Ontario’s medical watchdog, a court ruled Monday, reversing a decision by the regulatory body to place constraints on the gastroenterologist’s practice.
The College of Physicians and Surgeons of Ontario imposed temporary restrictions last month on Dr. Robert Fingerote as it probes an allegation that he inappropriately touched a patient’s breasts while listening to her heartbeat.
The college argued the measures were applied as part of its mandate to protect the public.
But Fingerote’s lawyer argued the constraints — which included that the doctor not be alone with patients and signs be posted in his office stating that he is under investigation — were premature given the case involved only one allegation.
“This is and should be an extraordinary measure,” Jaan Lilles told a panel of three judges on Monday, noting his client has denied any wrongdoing.
A lone allegation in an otherwise spotless career should not be enough to restrict a doctor’s practice, Lilles argued.
Alawyer for the college argued that in such cases — where the allegation of sexual abuse is not historical, not clinical in nature and does not involve a consensual relationship — a lone allegation should be enough to restrict a doctor’s practice while awaiting a hearing from the regulator’s disciplinary committee.
Peter Wardle argued that the college’s inquiries, complaints and reports committee was right to take the patient’s allegation at face value.
He said the inquiries committee had concluded that if Fingerote allegedly abused one patient, he could have done the same with another. Wardle noted, however, that in the committee’s reasons for placing restrictions on Fingerote’s practice, it specifically said it opted not to temporarily suspend the doctor’s licence.
Justices Edward Then, Fred Myers and Wailan Low, who heard arguments from both sides, ruled in Fingerote’s favour and said written reasons would follow. Before delivering the oral decision, Myers acknowledged the landscape in which the case is taking place.
“We’re in times of heightened public awareness of sexual abuse,” he said, adding that allegations in cases where there is a power imbalance, such as a doctor-patient relationship, draw heightened scrutiny.