Representing Victims of Medical Malpractice Across Ontario

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Disgraceful Dishonourable Unprofessional

The phrase “disgraceful, dishonourable or unprofessional” is the legal standard at the heart of much of Ontario’s regulated health professions discipline. It appears in the professional misconduct regulations under each of the profession-specific acts (such as Ontario Regulation 856/93 under the Medicine Act, 1991, for physicians), and it captures conduct that, while perhaps not falling neatly into the more specific categories of misconduct, would reasonably be regarded by members of the profession as falling below the basic standards of integrity and propriety the profession expects.

The standard is a residual one. It is invoked when a registrant’s conduct does not fit the more specific definitions of professional misconduct, such as sexual abuse of a patient, fraud, or specific clinical incompetence, but is still inconsistent with what the profession expects of its members. Tribunals and courts applying the standard have looked to objective community-of-practice norms rather than to subjective beliefs about acceptable conduct, and have generally required that the conduct be relevant to the practice of the profession.

Posts tagged Disgraceful Dishonourable Unprofessional analyze Ontario discipline decisions in which the residual misconduct standard was applied or considered, including the types of conduct that have met or failed the test and the penalties imposed.

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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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