Representing Victims of Medical Malpractice Across Ontario

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Discipline Decisions

Discipline decisions are the published reasons of regulatory tribunals that adjudicate professional misconduct and incompetence allegations against Ontario regulated health professionals. Posts in this category analyze decisions of the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) and, where relevant, decisions of the discipline bodies of other Ontario health colleges, including the College of Nurses of Ontario.

Discipline proceedings are regulatory rather than civil. They do not provide compensation to patients who have been harmed by negligent care. They focus instead on whether the registrant should continue in practice, whether their practice should be restricted, and whether public protection requires sanctions ranging from caution and remediation to suspension or revocation of the certificate of registration. The framework is set out in the Health Professions Procedural Code (Schedule 2 to the Regulated Health Professions Act, 1991) and in the profession-specific acts and regulations.

For patients considering a civil claim, discipline outcomes can be a useful source of information about a practitioner’s history and the regulator’s view of the standard of practice. For lawyers and researchers, discipline decisions are an important parallel jurisprudence to civil case law on standard of care and professional conduct.

Posts in this category analyze recent discipline outcomes, with attention to the underlying clinical or non-clinical conduct, the regulatory provisions engaged, the penalty imposed, and any judicial review or appeal that followed.

26 articles View all articles →
Dark-blue banner with the title 'CPSO v Iracleous' and subtitle 'Revocation for false OHIP claims and a refusal to cooperate' indicating a legal case comment.

CPSO v Iracleous: Billing for Care He Never Provided, and Revocation

An emergency physician was struck off after billing OHIP $125,353 for services he never rendered, including critical care and cardioversions with no record they ever happened, and then refusing to cooperate with the College’s investigation. A look at why records integrity and the duty to cooperate sit at the centre of physician accountability.

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Navy title card reading "CPSO v Konasiewicz, Case Comment" with the line "A patient death, deficient technique, and a suspension," from paulcahill.ca

CPSO v Konasiewicz: A Patient Death, Deficient Technique, and a Suspension

A neurosurgeon practising pain medicine was suspended for six months after the tribunal found his chronic pain care fell below the standard of practice, his treatment of a patient who died after nerve blocks was deficient, and he breached a College order restricting his injections. A look at why a patient death led to remediation rather than revocation, and where the discipline process ends and a civil claim begins.

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Navy title card reading "CPSO v Maharaj, Case Comment" with the line "Revocation after unconsented, non-evidence-based care," from paulcahill.ca

CPSO v Maharaj: A Revoked Licence, and What It Means For Patients

The Ontario Physicians and Surgeons Discipline Tribunal revoked Dr. Maharaj’s licence after finding his care of 17 patients fell below the standard of practice and that he was incompetent. A look at the consent, evidence-based-treatment and privacy findings, and what a discipline decision does and does not mean for an injured patient.

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