Representing victims of medical malpractice across Ontario

Trozzi v College of Physicians and Surgeons of Ontario

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Paul Cahill

Paul is a partner at Davidson Cahill Morrison LLP. He has proven himself a fearless advocate by a number of successful trial outcomes over the years, including a $11.5 million judgment for medical malpractice causing cerebral palsy against a negligent doctor as well as a recent judgment against a negligent emergency room physician who caused the death of a 34 year-old mother of 4 young children.
Ontario Physicians and Surgeons Discipline Tribunal

Case Information

  • Title: Trozzi v College of Physicians and Surgeons of Ontario
  • Citation: 2024 ONSC 6096 (CanLII)
  • Jurisdiction: Divisional Court of the Superior Court of Justice of Ontario
  • Date: November 1, 2024
  • Judges: Newton RSJ, Myers, and Shore JJ

Background

The case revolves around Dr. Trozzi who appealed against the decision of the Ontario Physicians and Surgeons Discipline Tribunal. The tribunal found Dr. Trozzi guilty of professional misconduct in relation to his public statements, vaccine exemptions, and lack of cooperation. He challenged the penalty imposed on him by the tribunal which included the revocation of his medical license.

Key Issues

Dr. Trozzi raised several critical points in his appeal. These included the handling of expert evidence, the application of the Doré decision, consideration of guidelines and policies, and the grounds for the investigation. He also contended that the Tribunal was incorrect in deeming him guilty of professional misconduct due to his non-cooperation with the College.

Court Analysis

The court conducted a thorough analysis of the issues raised. It considered expert evidence and balanced Dr. Trozzi’s rights with the public’s interest and found his statements potentially harmful to the public. Dr. Trozzi’s protests regarding the approach towards guidelines and policies received dismissal from the court, and the decision to probe into Dr. Trozzi’s conduct received support. The court did not find his reliance on legal advice for non-cooperation acceptable. Eventually, the appeal was dismissed, and Dr. Trozzi was ordered to pay the legal expenses to the College.

Conclusion

The decision has significant implications for the medical profession, particularly in terms of public statements and cooperation with regulatory bodies. It emphasizes the responsibility of physicians to uphold ethical standards and prioritize public health over personal beliefs. The case also highlights the importance of following guidelines and policies set by professional bodies. Furthermore, it serves as a reminder that legal advice cannot be used as a defense for non-cooperation with regulatory bodies.

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