Showing posts with label CPSO. Show all posts
Showing posts with label CPSO. Show all posts

Monday, December 12, 2016

Scrutiny of opioid prescriptions bad news for patients in pain, doctor warns

Dr. Ellen Thompson says a rising number of misconduct investigations by the College of Physician and Surgeons of Ontario into doctors who may be over-prescribing opioid medications such as morphine, oxycodone and fentanyl will discourage doctors from prescribing the painkillers even in cases where they are beneficial.

Source/more:

http://ottawacitizen.com/storyline/scrutiny-of-opioid-prescriptions-bad-news-for-patients-in-pain-doctor-warns






Patients sue doctor after suffering infections, serious illnesses under his care


Dr. Stephen James was found by a disciplinary committee of the College of Physicians and Surgeons of Ontario to have treated a number of patients in unsterile conditions, some of whom later became seriously ill.


More:
https://www.thestar.com/news/gta/2016/10/29/doctor-faces-class-action-after-cpso-suspension.html

Sunday, June 14, 2015

Whats on the Public Register at CPSO?


Wondering about that assessor you are going to see?

What is on the Public Register (http://www.cpso.on.ca/Public-)

You have the right to contact HPARB and ask whether or not the insurer assessor to whom they are being sent has any CPSO censures that were appealed to them. HPARB decisions are publicly accessible. http://www.hparb.

The Health Professions Appeal and Review Board is an independent adjudicative agency.
On request, it:
  • Reviews decisions made by the Inquiries, Complaints and Reports Committees of the self-regulating health professions Colleges in Ontario;
  • Conducts reviews and hearings of orders of the Registration Committees of the Colleges; and
  • Holds hearings concerning physicians' hospital privileges under the Public Hospitals Act.

MD watchdog becoming less secretive

The College of Physicians and Surgeons will post on its website whether MDs have been "orally cautioned" for mistakes...

More/ source: http://www.thestar.com/life/health_wellness/2015/06/01/md-watchdog-becoming-less-secretive.html

 

Friday, May 29, 2015

CPSO Transparency: By-Law Amendment a Step in the Right Direction


Most complaints to the College of Physicians and Surgeons (“CPSO”) are made because patients want to ensure that the same medical mistake that they were subjected to doesn’t happen to someone else....

 

http://otlablog.com/cpso-

Sunday, May 10, 2015

Friday, April 17, 2015

Subtle Brain Injury

There is an overwhelming ignorance in the medical community that there is even the possibility of permanent brain injury in patients who may have suffered a concussion. To this day, a significant proportion of the medical community believes that there can be no permanent brain injury without a loss of consciousness or without a blow to the head.

More/source:
http://subtlebraininjury.com/#sthash.KyljJAcG.dpuf

Thursday, April 16, 2015

Focus: Colleges ready to disclose more information

The more than two dozen colleges that regulate health professions in Ontario are in the process of making more information about their practitioners available on their public registries within the next few months.

More/source:
http://www.lawtimesnews.com/201504064587/focus-on/focus-colleges-ready-to-disclose-more-information

Wednesday, April 1, 2015

FAIR letter to CPSO regarding Transparency Project Phase 2

To: transparencyproject@cpso.on.ca

‘FAIR – supporting auto accident victims through advocacy and education’

FAIR Association of Victims for Accident Insurance Reform
579A Lakeshore Rd. East, PO Box 39522
Mississauga, ON, L5G 4S6


March 31, 2015                                                                                                                                 
Sent by email

Communications Dept, Transparency Project
College of Physicians and Surgeons of Ontario
80 College St., Toronto, ON, M5G 2E2
RE: Transparency Project Phase 2

Thank you for the opportunity to comment on the CPSO’s proposed Transparency by-law changes. FAIR speaks for many of Ontario’s motor vehicle accident (MVA) victims who are especially vulnerable to medical abuse. Unlike ordinary citizens, Ontario’s accident victims are examined an alarming number of times by third party for-hire medical opinion vendors as well as their own treating physicians.

FAIR posts links to many Health Professions Appeal and Review Board (HPARB) decisions and Financial Services Commission of Ontario (FSCO) arbitration decisions about Ontario’s ‘independent’ medical opinion providers on our website. It is clear that MVA victims are often re-victimized by Ontario physicians whose bias favours the insurance company on whom they depend to make a very handsome pay check. The anonymity of the physicians within these decisions has caused yet another layer of harm by way of failing to protect the public and in the bargain harming the reputation of all good physicians.

Greater transparency would go a long way toward instilling confidence that CPSO really is providing oversight and enforcement of the regulations and not just going about the business of protecting an elite group of doctors whose volume of questionable work product saves Ontario’s insurers millions of dollars every year. This creates medical havoc for treating physicians who must deal with the fallout of the abuse to their patients and the roadblocks to treatment that these poor quality reports generate.

Regarding Cautions-in-person and SCERPs

CPSO has a long history of ignoring complaints. There is a concern that those who have abused Ontario’s MVA victims in the past and who have a history of prior complaints will be starting out fresh as if their record of complaints never existed and doesn't matter.

CPSO has often cloaked multiple offenders in secrecy and protected the physician’s interests over that of very vulnerable patients.  Some years ago a College investigator recorded that a well-known Insurer Medical Examination (IME) provider said that “in his view, there are three types of patients:
1.       Patients with nothing wrong with them who are “pulling the wool over everyone’s eyes”
2.       Patients with no problem who think they have a problem. These patients actually believe that there is something wrong with them, even though there is not.
3.       Patients with minor problem who have exaggerated this problem into something much bigger than it is.”
Ultimately the physician who had revealed his bias and potential to stand in the way of treatments for Ontario’s MVA victims was only sent for a private and confidential oral caution.  CPSO, at that time, was investigating multiple complaints about the bias and poor quality medical reports this vendor of medical opinions was churning out by the thousands. That same IME physician went on to provide flawed medical reports for many years for many thousands of auto accident victims in more than one Canadian province as well as Ontario’s WSIB claimants. Not once did CPSO do anything to protect the public and the physician assessor was ultimately celebrated by his peers for his contributions to the assessment industry.

This type of secrecy costs the treating physicians who are actually trying to assist their patients’ recovery and the honest medical assessors who are doing a good job. The cost to the victims of the medical abuse is evident in the almost 100,000 cases of unpaid MVA claims in our courts right now. Many of those people eventually end up on our public supports because their claims were derailed on the basis of some bogus and biased expert medical report. When Ontario’s wealthy insurers use the medical profession to bolster their denials, it costs us all.

There is a concern that going forward many of the third party physician assessors will fight the exposure of a more open policy and because of their greater wealth will be able to mount even more appeals from College censures. We hope that Ontario’s treating physicians whose patients are harmed will be taking a more active role in protecting their patients from medical predatory practices and that the College will now be listening to those members as well.

CPSO should reach back into their past records of the thousands of complaints made by auto accident victims. Those CPSO members that have had multiple complaints and secret cautions in the past decade should have them posted on the public register. It is not at all unusual for a MVA victim to have to wait 10 years or more to have their case heard in a court where the biased or unqualified report will be thrown out by a judge at a hearing. Those people wouldn't be there if not for these shoddy and biased reports and the College should make every effort to protect the public as well as undo the harm that they've caused with what has been an empty promise of regulation and oversight.

Regarding Criminal Charges

We agree with the proposed amendment. We also agree with the submission from the Information and Privacy Commissioner of Ontario that, in addition to including convictions and charges under the Criminal Code and Health Insurance Act, the CPSO should include charges for offences under PHIPA on the public register going forward.

Regarding Licences in other jurisdictions and Discipline findings in other jurisdictions

We agree that this information should be posted on the CPSO public register. Unfortunately many of those physicians who work for Ontario’s insurers also export their bias and shoddy work outside of Ontario.

FAIR appreciates the open nature of this consultation process and that progress is and will continue to be made to protect the public.

Rhona DesRoches
Board Chair, Fair Association of Victims for Accident Insurance Reform


Tuesday, March 31, 2015

Cost of Justice project

FAIR Association of Victims for Accident Insurance Reform
‘FAIR – supporting auto accident victims through advocacy and education’

Hi

My name is Rhona DesRoches and I am the Board Chair of FAIR Association of Victims for Accident Insurance Reform - a not-for-profit that advocates for fair treatment of Ontario's accident victims.

I was just reading an article in Legal Feeds by Yamri Taddese regarding your study of the ill effects of the lack of access to justice on Canadian's health. I've taken a look at your website and from what I understand the study surveyed 3000 individuals across Canada. 

I'm wondering if your ongoing study will include car accident cases in the civil courts? According to recently released statistics from StatsCan there are currently 61,063 auto insurance related cases that are in Ontario's civil courts. According to the latest data there are an additional 34,075 mediation or arbitration cases pending at the Financial Services Commission of Ontario Dispute Resolution System (DRS) unit. That's a total of 95,138 unresolved MVA claims that are in Ontario's courts alone and these are all people with physical injuries, often cognitively impaired and facing serious challenges in overcoming traumatic injury. An indication of the dysfunctional legal climate in Ontario is that the volume of auto insurance cases before the civil courts in Ontario is up 42% since 2009/2010 according to the StatsCan website, an increase in cases that is far greater than the other provinces who were part of the survey.

Victims must deal with their insurance company and comply with Ontario's legislation that requires attendance at third party for-hire medical expert assessments arranged by their insurer where a victim's injuries are more than likely minimized or deflated in order to control insurer pay-outs. This leads victims back to their own treating physicians who continue to try and help their patients - just because your insurer's bought and paid for opinion vendors say there is nothing wrong or have minimized an injury doesn't mean you are magically made better. In fact, the opposite is more likely to be true. Hobbling treating practitioners and favoring insurer driven medical opinions in our courts works against the health of MVA victims and significantly impacts health care costs through repeat doctor visits along the way to undoing the damage done by insurer medical 'experts'.

According to the Ontario auditor General's report in 2011, about half of all auto accident claims in Ontario are turned down by Ontario's insurers. On average that would be around 30,000 injured people each year who are injured and whose health is made worse by the lack of timely access to treatment and by the often vindictive treatment at the hands of their insurer. So victims, without basic funding (income replacement) often face bankruptcy and often have no access to needed rehabilitation. They are unable to reach their maximum recovery and they know it; they know it while its happening to them, and that they are losing the window of opportunity so they are definitely at a higher risk of developing psychological issues. Many victims suffer from PTSD and it isn't always from the accident trauma itself but is caused by the protracted claims experience while they wait for justice in our courts.

Ontario's insurance companies have a delay and deny business model that causes serious harm to those who find they must use the insurance product. I have yet, in my capacity of assisting these individuals, to meet a MVA victim, including myself, that wasn't harmed psychologically at the hands of the insurer that denied their legitimate claim. 

Your study is based on the economic costs of one extra visit per year to deal with stresses related to having a court case. From my experience in dealing with MVA victims I can tell you that there would be multiple of visits per year to treating physicians while going through Ontario's No-Fault Auto Insurance system. Victims are required by law to attend at insurer medical examinations (IME) many times during a claim and there is a proliferation of biased medical experts in the system whose partisan reports have been prepared for use in our courts. An accident victim will often wait 5 to 8 years to finally get to a hearing and the longer it takes to get there the more money is made by those who serve them, Ontario's insurers, defense and plaintiff lawyers, and medical assessors. Some victims are sent to up to 47 IMEs during the course of a denied and delayed claim and there would be an equal or greater number of medical visits through our public systems. OHIP, welfare and Ontario Disability Support Program (ODSP), all pick up the tab when insurers fail to pay.

The dysfunctional auto insurance scheme in Ontario is based on, and indeed dependent on, these bogus and substandard medical opinions to delay and deny claims and the subsequent backlog of cases in our courts is the result. Ontario's third party medical assessors oversight consists of self-regulatory colleges who protect their member interests over the public's interest and so that secrecy and protection is a fundamental problem. The lack of fiduciary duty to MVA claimants, who are considered clients and not patients, and to whom the physician owes no duty of care further marginalizes the accident victim. The lack of transparency and regulatory oversight from Ontario's colleges is at the core of the court dysfunction (and that is a necessity to Ontario's insurers) has contributed to the lack of public trust in this abysmal and virtually non-existent oversight is chronicled in CPSO's ongoing consultation on transparency.

So when looking to examine the user-centered perspective to understand the connections between the law and legal problems there would likely not be a better sample to look at than Ontario's auto accident claimants who are stuck in a system that criminalizes and punishes them at every turn while denying timely access to justice. All while Ontario's elite and privately paid physician assessors put up obstacles in the way of their achieving wellness and whose boldly biased and often unqualified opinions are given a free pass by their colleges which allows them to continue to sabotage both victims and our courts with impunity in a system that causes medical harm.

Ontario's answer to the court backlog is to pass Bill 15 and a Licensed Appeal Tribunal (LAT) system of hearings without correcting the underlying dishonesty in the system. The future looks bleak for victims who will be simply shoved through the dishonest system faster.

I look forward to further updates on your study and hope that you will include MVA victim circumstances and outcomes in your upcoming material. If I can be of assistance in respect to your study, please let me know. I've included links below that substantiate the facts and figures of what I've said above and much of the information can also be accessed on the FAIR website at http://www.fairassociation.ca/ I've also included the link to Ontario's Insurance Act, a document that virtually guarantees that one must hire legal representation to get through the system. 

Best regards
Rhona DesRoches
FAIR, Board Chair

579A Lakeshore Rd. E
PO Box 39522
Mississauga, ON, L5G 4S6


2014 - 61,063 active court cases/Ontario/auto accident http://www5.statcan.gc.ca/cansim/a47

2013 - DRS Interim Report  23,323/mediation and 10,752/arbitration 

Ontario Auditor General 2011 report on Auto Insurance http://www.auditor.on.ca/en/reports_en/en11/301en11.pdf

Current College of Physicians and Surgeons of Ontario CPSO consultations in respect to transparency at:  http://policyconsult.cpso.on.ca/?page_id=5062  http://www.cpso.on.ca/Policies-and-Publications/Consultations  an  http://policyconsult.cpso.on.ca/?page_id=4981


Resolving auto insurance benefit disputes stacked against public  http://www.torontosun.com/2015/01/24/resolving-auto-insurance-benefit-disputes-stacked-against-public


Insurance Act ONTARIO REGULATION 34/10 STATUTORY ACCIDENT BENEFITS SCHEDULE — EFFECTIVE SEPTEMBER 1, 2010 Consolidation Period: From January 1, 2015 to the e-Laws currency date. O. Reg. 236/14.  http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_100034_e.htm#BK61

Legal pains: The cost of justice includes physical health http://www.canadianlawyermag.com/legalfeeds/

 

Sunday, March 22, 2015

If you have something to say about the quality of the IMEs in Ontario and the doctors who perform these services, this is a good place to comment. Deadline April 1, 2015.

Current College of Physicians and Surgeons of Ontario CPSO consultations in respect to transparency at:  http://www.cpso.on.ca/Policies-and-Publications/Consultations  and   http://policyconsult.cpso.on.ca/?page_id=4981   Consultation closes April 1, 2015.
Current comments regarding transparency at:  http://policyconsult.cpso.on.ca/?page_id=5062
Past comments regarding transparency at: http://policyconsult.cpso.on.ca/?page_id=2420

Source: http://www.fairassociation.ca/
 

MD ‘backroom deals’ an affront

Re: Quiet deals shelter problem doctors, Feb. 28 

Quiet deals shelter problem doctors, Feb. 28 

The “backroom deals” that were struck after serious medical errors were made are not only an affront to Ontario citizens but also lack the transparency and accountability involving medical practitioners who must be held responsible for their transgressions. 

It is sad that the public has no idea what is going on under the innocuous sounding College of Physicians and Surgeons (CPSO) terminology “undertakings” – especially as patients’ lives and well being are dependent on them being able to make informed health care decisions.

Medical negligence ranging from botched surgeries, sexual abuse of patients and improper prescribing of narcotics should not be swept under the carpet by the college. This is totally unacceptable, more so when the public is kept in the dark about rationale and context. 

It is even more distressing to learn that Dr. Charles Smith, the province’s former pediatric forensic pathologist, made serious mistakes in 20 death investigations that led to people being criminally charged, convicted or otherwise implicated in the deaths of children. Where was the necessary oversight and how did the college enter into undertakings dropping the investigations regarding such unlawful behaviour by the coroner and deputy coroner, who shielded Smith from proper scrutiny?

While CPSO staff had earlier proposed amending a bylaw, in order to allow more information about undertakings to be posted on the register, this welcome recommendation was turned down by the college’s governing council.
Such unfortunate events and the lack of adequate discipline shake public confidence in our health system and cannot be deemed to protect the public interest. As there is no law prohibiting the college from being more transparent, it is hoped that this necessary openness by our gatekeepers in the future will translate into greater responsibility and accountability from Ontario’s practicing physicians.

Rudy Fernandes, Mississauga

The legacy of coroner Charles Smith: People did not always believe that professional bodies like the law society or the medical association were preoccupied principally with protecting some of their own members.
Common sense and experience demonstrated that, by and large, these bodies were mainly concerned with the protection of the public. Public proceedings against doctors and lawyers who were not monsters regularly came and continue to come before the courts for adjudication on issues of professional conduct, sometimes resulting in suspensions, acquittals and or loss of licenses.
I fear the case of doctor Charles Smith, the coroner who was responsible for so many convictions of the innocent and the resulting thorough inquiry by Mr. Justice Goudge, in particular, dramatically and understandably changed public attitudes.

A great deal of work is needed to be done to restore public confidence in those bodies, which, by and large still are dedicated to serving the public interest. It will help a great deal if they try harder to recruit more younger and non-establishment figures to serve on them.

Romain Pitt, Toronto

Accountability at Ontario’s colleges is a serious concern to Ontario’s 60,000 injured auto accident victims every year who attend third party, privately paid medical assessments. 

Ontario’s insurers consistently spend more dollars on medical assessments by their for-hire assessors than they do on treatments for injured motor vehicle accident (MVA) victims. These medical assessments and reports are often substandard or biased and are used to deny legitimate claims and ultimately are used by Ontario’s insurers to download costs to public support systems.

College sanctions for private vendor assessors are rare and always confidential. HPARB appeals of college decisions adds another layer of secrecy by publicly providing only the initials of often abusive doctors who are sometimes even repeat offenders. 

MVA victims in Ontario are at considerable risk for harm at the hands of physicians who make their living by denying legitimate injuries exist and it’s something the CPSO and Ontario’s insurers would rather keep a secret.
Transparency isn’t the entire answer but it is a good start.
Rhona DesRoches, board chair, FAIR Association of Victims for Accident Insurance Reform

I don’t get it. If misconduct cannot be proven conclusively, why would a doctor agree to any discipline at all, let alone this “undertaking” nonsense that prevents them from ever practicing again? You’d think an accused doctor would welcome an open platform to air their concerns and protect their reputation. So this reads more like the avoidance of potential lawsuits against all the parties concerned.

Self preservation.
Richard Kadziewicz, Scarborough

Source: http://www.thestar.com/opinion/letters_to_the_editors/2015/03/06/md-backroom-deals-an-affront.html
 

’Backroom deals’ keep problem MDs out of the public eye

“Undertakings” to resign or restrict practice let some doctors accused of injuring, sexually abusing or improperly prescribing narcotics to patients avoid disciplinary hearings.

Brenda Waudby was wrongly implicated her daughter's death by former forensic pathologist Charles Smith.

Ontario’s medical watchdog has made “backroom deals” with more than 200 doctors considered “high risk” to the public to quietly resign or restrict their practices, a Star investigation has found.

Some have been the subject of complaints about errors as serious as botching surgeries, injuring mothers and babies during childbirth, sexually abusing patients, and abusing and improperly prescribing narcotics.

The deals, struck by the College of Physicians and Surgeons of Ontario over the past decade, are officially known as “undertakings.” Many were made in exchange for having investigations or prosecution plans dropped.

Medical negligence lawyers have long complained the deals are made behind closed doors, with no input from harmed patients. The public is kept in the dark about rationale and context.

Patients’ lawyers argue Ontarians can learn more about physicians from websites such as RateMyMD than from the self-regulator’s online register, which is intended to help patients choose doctors.

While there may be value in some of the undertakings, it’s hard to know because of the dearth of information, they say.

Medical negligence lawyer Paul Harte argues there's no law that actually prevents the College of Physicians and Surgeons from being more transparent about undertakings.
Toronto Star File Photo 

Medical negligence lawyer Paul Harte argues there's no law that actually prevents the College of Physicians and Surgeons from being more transparent about undertakings. 

The lack of transparency translates into a lack of accountability from both physicians and the college, they charge, adding that patient safety and public confidence in the health system are ultimately compromised.

Critics argue more cases should be dealt with through public disciplinary hearings instead, but that would take more time and resources.

The CPSO defends its use of undertakings, arguing they are effective tools to “protect the public interest.” Complaints or concerns with doctors prompt investigations or referrals to the college’s discipline committee, which are resolved through resignations or practice restrictions, thereby keeping the public safe, according to the college.

Undertakings are enforceable. Breaches can result in investigations or disciplinary action being re-started.

The CPSO says it is working to make more information publicly available through an ongoing “transparency project,” but is restricted by legislation in how far it can go.

Lawyers who represent doctors say it would be unfair to publicize unproven allegations.
AN ANALYSIS of physician profiles on the CPSO’s website, from 2005 to 1014, inclusive, shows that 164 doctors struck deals with the college — outside of the public eye — resulting in restrictions being placed on their practices.

Among them are doctors who can no longer see any patients but still have “M.D.” beside their names, surgeons who can no longer do surgery, and physicians who can no longer prescribe narcotics.

The public register offers no explanation for why the deals were made. There is no mention of allegations or complaints.

A large number of restrictions have been erased from the register. The college posts only those currently in effect and deletes those that applied to physicians in the past.

“The public has no idea what is going on. The public might view a doctor differently if they were aware of the history of undertakings and if they knew why they were there,” says Joni Dobson, chair of the medical malpractice section of the Ontario Trial Lawyers Association.

MEDICAL NEGLIGENCE lawyers decry the “secretive process” of cutting deals and charge that the college is shielding doctors from public scrutiny.
There is no explanation of how the process works on the college’s website.
“Who knows if the deals are reasonable or unreasonable,” says Toronto lawyer Paul Harte, who has been leading the charge for more college transparency. “Without any way of figuring this out, what we have is backroom deals.”
More cases should be handled by the college’s discipline committee to allow greater transparency and enable physicians to learn from the mistakes of peers, he argues.

Discipline proceedings are open to the public and the decisions and written reasons stemming from them are also public.

Public confidence in the health system is at stake when cases that should go to discipline are instead resolved through undertakings, said the Health Professions Appeal and Review Board, which has authority to reconsider CPSO decisions.

HPARB made that comment in a 2012 decision that overturned a college ruling allowing an obstetrician-gynecologist accused of bungling surgeries to resign instead of facing a disciplinary hearing.

“The public’s perception of, and faith in, the medical profession” must be taken into account when making decisions to protect the public interest, the board’s written decision states.

“The alleged egregious breach of the standard of care . . . necessitates a full airing before the discipline committee in order not to bring the administration and provision of medical services in this province into disrepute,” it said.
College spokesperson Kathryn Clarke says undertakings protect the public by mitigating the potential for future problems.

“For example, a doctor may enter an undertaking to restrict his practice where there has been a concern raised about that practice area and the physician is prepared to make an agreement to practise differently, or not practise at all, and the public is protected,” she says.

Clarke takes issue with criticism over the lack of transparency, pointing out that the fact a doctor has agreed to a resignation or restriction undertaking is noted on that physician’s profile on the register.

THE STAR’S investigation identified 36 deals in which physicians in trouble with the college quietly resigned. In exchange, the college dropped investigations into 19 doctors, as well as plans to hold public hearings and prosecute 13 others. (The register does not say what the quid pro quo was for an additional four resignations.)

There are 17 more cases of doctors voluntarily resigning prior to undertaking never to practice medicine again.

Allegations that led to most resignation undertakings are included on the register. Among them: incompetence; professional misconduct; disgraceful, dishonourable or unprofessional conduct; and failure to maintain the standard of practice.

The register provides no context for most of these allegations, though underlying complaints were mentioned for a few: Four doctors were accused of sexual abuse, one of being in possession of child pornography, and one of failing to maintain the standard of practice in relation to 26 patients.

(The Star did not include in its analysis undertakings that the college’s discipline committee took into account when imposing penalties. Details of these deals are made public in hearings. Also excluded were interim undertakings, which restrict physicians’ practices until they appear for hearings.)

TORONTO MEDICAL negligence lawyer Amani Oakley says shining the light of transparency on undertakings is key to reducing medical errors.

“We are not going to get a handle on all these errors if we keep huddling in dark corners, making hush-hush deals with some of the folks who are responsible for these medical mistakes,” she argues.

The 2004 study on patient safety in the Canadian Medical Association Journal found that “adverse events” occur in about 7.5 per cent of hospitalizations. These are unintended injuries or complications resulting in death, disability or prolonged hospital stay that arise from health-care management.

Of almost 2.5 million annual hospitalizations, about 185,000 result in adverse events. Of those, close to 70,000 are potentially preventable. (Some adverse events are the unavoidable consequences of health care, such as unanticipated allergic reactions to antibiotics.)

“We need to air out the problems, examine them in the light of day, and let the victims express their concerns and share their experiences so that other health-care providers can learn from the mistakes of others,” Oakley says.
Dobson warns patient safety is jeopardized when people are denied information that could affect their choice of doctor.

“Those who practise medical negligence know that patient ignorance is not bliss …. There is no reliable place to find information about doctors. Instead, patients must rely on gossip or doctor ratings websites. While both may be entertaining, neither is particularly reliable,” she wrote in a recent blog post on her association’s website.

Critics contend the college prefers to dispose of cases with undertakings rather than disciplinary hearings because the former are expedient. Hearings typically involve big investigations and the expenditure of a lot of time and resources.
“They don’t want to spend the money to go through the legal process of prosecuting through the discipline committee,” charges London, Ont. Lawyer Barbara Legate.

It’s an accusation the college denies.

“The college would virtually always pursue discipline if the physician is still practising and we have the evidence needed to obtain a discipline finding,” Clarke says.

Undertakings are useful when the college doesn’t have enough evidence to successfully prosecute a doctor at a hearing, she said.

Clarke points out that a resignation undertaking may offer more public protection than a licence revocation, the harshest penalty that can result from a disciplinary hearing. Physicians who have had their licences revoked can reapply for them down the road. But that’s not the case if they have agreed to undertakings never to do so again, in Ontario or any other jurisdiction.
Lawyer Lonny Rosen, who represents health professionals in trouble with regulatory colleges, argues that physician privacy must be taken into account when disposing of cases.

“It wouldn’t be fair to disclose unproven allegations, particularly when there is no risk to the public. Just because someone is curious about the underlying facts doesn’t mean that it is in the public interest for them to have that information,” he says.

An undertaking can effectively address potential concerns with a physician, even without admission of allegations, says Rosen. It can be preferential to a disciplinary hearing, which is “a terribly punitive process for the member, the complainant and for any other witnesses. It’s an adversarial system and stakes are high.”

Health Minister Eric Hoskins has said improving transparency in the health system is one of his top priorities. Last October, he ordered all health regulatory colleges to step up efforts to give the public greater access to information.
“The default in our health system should be disclosure,” he said in a written statement, when asked about whether there should be more transparency around undertakings.

Since 2012, the CPSO has been engaged in a transparency project that aims to make more information about doctors publicly available. It is looking at posting more information about undertakings on its register.

Currently, it posts whether physicians have undertakings reflective of “high risk,” namely those that involve resignations or restrictions.
But there are many others the college deems reflective of less risk, which are kept under wraps. It declined to reveal the exact number.

Undertakings reflective of “no/minimal risk,” “low risk,” and “moderate risk” can result from patient complaints or from problems flagged by the college’s own practice assessment program, which sees doctors review the work of peers.
The lower risk undertakings include agreements to comply with a particular college policy or guideline, participate in remedial education, and work with a mentor or supervisor. Monitoring agreements that arise over concerns with physicians’ health are also kept confidential.

The college is looking to make public any undertakings that reflect moderate risk. Clarke says some contextual information about undertakings might find its way onto the register as well.

“If it is something where we think patients would want to know and that it is going to make a difference to them in choosing what doctor they go to, then we want to make that public,” says CPSO president Dr. Carol Leet.

Last year, CPSO staff proposed amending a bylaw to allow more information about undertakings to be posted on the register.

But the college’s governing council nixed that idea last December. Undertakings were dropped from a list of proposed topics to be included in a public consultation on transparency and bylaw changes, which is currently underway.
Now the college is considering a policy change to make more undertaking information public.

Clarke says the college is limited in how transparent it can be, by legislation.
Section 23 of the Health Professions Procedural Code (Schedule 2 to the Regulated Health Professions Act) lays out what information should be included on the register. While it does not use the term undertakings, it says the register shall contain “the terms, conditions and limitations that are in effect on each certificate of registration.”

The college contends the legislation precludes it from including some information on the register.

“If, for example, a practice restriction is imposed arising from an investigation or a practice assessment, information stemming (from) those processes are not public by law and, thus, only the fact of the restriction is included on the public register,” Clarke says.

But that’s not how Harte reads it.

“This is an important point because the college has a history of claiming that they are unable by law to be more transparent. More often than not, the decision is a pure policy decision. There is no law prohibiting them from being more transparent,” he argues.

“The underlying premise here is that there should be transparency, above all. Since we can’t evaluate whether the college is making appropriate decisions, it’s difficult to know if they are really in the public interest.”

With data analysis by Andrew Bailey.

Theresa Boyle can be reached at tboyle@thestar.ca or (416) 869-4915.

More stories on undertakings


Source: http://www.thestar.com/news/gta/2015/02/28/backroom-deals-keep-problem-mds-out-of-the-public-eye.html#

Saturday, March 14, 2015

Physician income look behind the numbers

So it turns out that the seemingly simple question of how much a Canadian doctor makes isn't so simple after all. "The reality is that there is a distinct lack of clear information," Globe and Mail health reporter André Picard noted in a 2013 column, such problems as exaggerated claims of overhead expenses and taxes, as well as the paucity of data on how many hours doctors actually work. "But what doctors are paid should not be a guessing game," he wrote. "The lack of transparency does not serve taxpayers or the medical profession." 


Full story:

http://www.cmaj.ca/site/earlyreleases/19feb15_physician-income-a-look-behind-the-numbers.xhtml


Tuesday, January 20, 2015

FCAD hosts panel blasting Health Canada on transparency


medical_secrets-11
Photo: Andrei Pora

By Gabriela Panza-Beltrandi

The Faculty of Communication and Design presented a panel Tuesday on the code of silence surrounding Canada’s healthcare system, exploring how Health Canada and various quasi-public agencies obstruct journalists and the public from getting access to vital information about health and health care in Canada.

Rob Cribb, an investigative reporter at the Toronto Star and Ryerson journalism instructor, spoke at the panel about his personal experiences trying to access information from these organizations. He explained that one of the biggest obstacles to gaining access to vital information about health and health care in Canada is the Quality of Care Information Protection Act (QCIPA).

“QCIPA is essentially a blanket exemption hospitals can use to limit the information they are mandated to provide to the public,” said Cribb.

Because of this act, requests for information filed by journalists or members of the public can take months if not years to be answered (if their request is not denied altogether), and Cribb explained how many times, the final information that is not censored and delivered contains no relevant data.

“The reason it’s so tough is that the system is gauged against us… It’s set up to ensure secrecy,” said Cribb whom suggested 99 per cent of complaints and concerns concerning negligence filed to the Ontario College of Physicians and Surgeons are kept from the public.

Aside from these rare cases, the panel spoke about how a major problem in Canada is its difficulty to hold anyone accountable because of how hidden information is.

Joel Lexchin, an emergency physician at the University Health Network and a professor in the School of Health Policy and Management at York University, explained why transparency is important in regards to Health Canada, especially with the way it regulates prescription medication.

“The information Health Canada [sees about drugs] is not also seen by independent scientists,” said Lexchin. “This is no real way to know how good a job the people at Health Canada are doing… Without somebody else being able to look at that data, we have no idea.”

Lexchin said that with the limits Canada gives drug companies and Health Canada on how much they can approve to be revealed, many important details are left out.

Drug companies have to supply Health Canada with  information to get their drugs on the market; results of animal tests, lab tests, and human tests. Health Canada reviews the drug before approving or denying it, but the public does not get to see these comments from the reviewers explaining their decisions, and we don’t know the names of the drugs Health Canada did not approve to be released.

Lexchin says releasing this information is vital to give doctors a better knowledge of exactly what drugs they are prescribing patients, instead of just the minimal information drug companies provide them with.

“Doctors need to get objective information… That information is in the reviews that Health Canada had done about the product, but we don’t get those reviews.”

In some cases, researchers have had to turn to the U.S.’s Food and Drug Administration (FDA) to gather information about drugs used in Canada because of how much easier that access is granted across the border.

“No one in Canada seems to care about it,” said Cribb. “The United States would have been outraged about this kind of security. In Canada, we smile and nod, and we say ‘oh well.’ and too often frankly, journalists do that… we don’t challenge these ridiculous delays and denials.”

He added: “There really are no checks and balances on [the industry] other than us. The only thing that strikes a moment of fear in the heart of a drug CEO… is an impending story to be published on the front page… If we’re not doing that, then there is no other check and balance that puts the public’s interest first.”

Source: http://theeyeopener.com/2015/01/fcad-hosts-panel-blasting-health-canada-on-transparency/

Monday, January 12, 2015

Toronto doctor who sexually abused teen patient 35 years ago should lose medical licence: regulator

| | Last Updated: Jan 7 5:50 PM ET
More from Joseph Brean | @JosephBrean

TORONTO — Eleazar Noriega, a repeat sex abuser pediatrician, should be stripped of his medical licence to reflect the profession’s “abhorrence” at his “gross sexual exploitation” of a vulnerable 15-year-old female patient, says the College of Physicians & Surgeons of Ontario.

Dr. Noriega, 70, subjected the girl to “protracted sexual stimulation under the guise of a medical examination on the occasion of her last visit to him at the teen clinic at the Hospital for Sick Children” in Toronto in 1979.

He has shown no evidence of remorse, the CPSO prosecutor noted, and the passage of time should not be seen as a mitigating factor. Likewise, another finding of sex abuse against him in 2003 “demonstrates that this is not an isolated occurrence.”

“She was the epitome of the vulnerable patient,” said the prosecutor, Amy Block. “There are no mitigating factors.”

The victim testified Dr. Noriega said he needed to check if she was sexually active. He touched her clitoris for two to three minutes, causing her to have an orgasm, as if he were “scrubbing a spot off a pot.”
Dr. Noriega kept his head down during the legal arguments before the tribunal that will decide his fate, barely paying attention, and at times reading a paperback copy of The Progress of Love by Alice Munro.

This case of abuse only came to light in 2008, when police laid charges against Dr. Noriega for allegedly abusing an eight-year-old patient, and the 1979 victim heard his name on the news. Those two cases were tried together. After lengthy proceedings, only the 1979 complaint was upheld by the CPSO’s discipline committee.

Both were also the subject of criminal charges laid by police, but dropped before trial by the Crown.

Dr. Noriega had already been found guilty of sexual abusing another female patient in 2002, when she was 17. He was tried criminally for that but acquitted by a jury.

Given the political climate in which the Ontario government has called for review of the CPSO’s sex abuse policies, the case for revocation would seem to be strong.

In fact, if Dr. Noriega had committed this same offence after 1991, the revocation of his licence would be automatic under the CPSO’s zero-tolerance policy. But because it happened 35 years ago, it has been prosecuted under the old legislation, and thus his licence might be saved.

His lawyer argued the more appropriate penalty would be a “lengthy” suspension of his licence, perhaps for a year, followed by reinstatement with conditions he not see female patients without a monitor, and post a notice to this effect in his office.

Dr. Noriega has been working under those conditions since 2003. In 2013, he was found to have violated them, “misled” a CPSO investigator, and taken a “cavalier” attitude to those serious restrictions, which were imposed after the first sex abuse finding.

His lawyer also filed letters of support from patients, saying they are “emblematic of his general reputation for good care and medical service.”
As a Mexican who immigrated to Canada in 1977, he sees many unilingual Spanish-speaking families who would otherwise find it hard to get a pediatrician.

A decision is not anticipated for several weeks. The CPSO is also seeking more than $40,000 in legal costs.


National Post
• Email: jbrean@nationalpost.com | Twitter:

Source: http://news.nationalpost.com/2015/01/07/toronto-doctor-who-sexually-abused-teen-patient-35-years-ago-should-lose-medical-licence-regulator/
 

Doctor finally faces possible penalty for sexual abuse of young patient — 35 years later

|
More from Joseph Brean | @JosephBrean
On Wednesday, 35 years after Eleazar Noriega, 70, molested a teen, arguments will be heard about his penalty.
TORONTO — As Ontario reviews its policies on sexual abuse by doctors, the case of Eleazar Noriega shows how drastically wrong such cases can go, and the lasting effects they have on victims.

On Wednesday, 35 years after Dr. Noriega, 70, molested a teenage female patient at a Toronto clinic, the College of Physicians and Surgeons of Ontario is to finally hear arguments about his penalty. Options range from a reprimand to a licence suspension — which would be his second for sexual abuse — to full revocation. Even under the college’s policy of “zero tolerance” for sexual abuse, little about his fate is certain, and given his ongoing appeal, this penalty might not be the final word.

As an illustration of the devastating scope of his misconduct, however, the key moment came six years ago, when police laid charges, later dropped, alleging Dr. Noriega molested an eight-year-old girl in his uptown Toronto office, based on a complaint by her mother, who claimed to have witnessed it.

Two women read that news, and for each it triggered powerful feelings of regret, because both had been molested by Dr. Noriega under the guise of medical exams, more than 20 years apart, and neither felt they did as much as they could to stop it happening to someone else.
‘It made me feel sick, that if I had come forward those little girls wouldn’t have been molested too’
As one victim put it, he created “a cycle of blame for us.”

“It made me feel sick, that if I had come forward those little girls wouldn’t have been molested too,” said the 1979 victim, in testimony before the college.
“I felt blame, too, like it was my fault it happened again, I didn’t do enough,” said the other victim, who was abused in 2002 when she was 17.

“I know he was grooming me,” said the woman, now 30, who was then a high school student with a troubled home life, and now has a successful career in Toronto television media. In an interview, she described the progressive way he touched her and inquired about her personal life. She recalled one incident with a serious sunburn. “I just remember the way he was putting cream on my back was too much.”

The identities of both women are protected. Criminal charges involving the girl were dropped by prosecutors, and dismissed as not credible by an earlier college tribunal.

A pediatrician, Dr. Noriega had seen the 2002 victim all her life, and as she grew older, she felt he was scheduling more frequent appointments, and filling his chart with inquiries about her sexual behaviour and drug use.
“I think he used it as ammunition to make it seem like I was this unstable person,” she said.

The abuse she endured is strikingly similar to that described by the 1979 victim, which also led to a criminal charge that was dropped by the Crown before trial. The younger woman has also come to realize how similarly vulnerable they were.

Her abuse spanned two appointments in 2002. The first was confusing, and made her wonder if she was over-reacting. On the second, she deliberately dressed to “make myself look unappealing,” and only went because she was so ill. Under the pretence of examining her for bronchitis, Dr. Noriega molested her with his hands on her breasts and genitals, under her underwear, with no glove. It seemed to her he was trying to arouse her. It was traumatizing, and it led her to file complaints with police and the college.

She developed post traumatic stress disorder, which was manifesting in sleeplessness and nightmares, often on the theme of Dr. Noriega coming to murder her or her younger sister with a knife. A year later, her friend’s younger sister, Holly Jones, was the victim of a high profile murder motivated by pedophilia, and the doctor and murderer became linked in her mind.
“I don’t think I fully faced how much it affected me,” she said. “Mostly [now] I try to avoid the whole situation. … My revenge is that he knows what he did, and it’s going to come back around sometime.”
‘My revenge is that he knows what he did’
It has been a long time coming. Before the criminal trial, the college accepted Dr. Noriega’s plea of “no contest” to her complaint of sexual abuse, and suspended his licence for nine months, and made him take a course on “boundaries.”

Soon after, at the criminal trial, Dr. Noriega’s lawyer used his records to cross-examine her on everything from drug use to the colour of her thong underwear. The jury acquitted him of sexual assault.

“I remember they wouldn’t really look at me,” she said of the jurors.

This current case — based on the 1979 complaint, which was first reported in 2008 — is similarly convoluted. The college first heard it jointly with the complaint about the eight-year-old girl, leading to conviction only on the 1979 complaint. But Dr. Noriega appealed, won a new hearing, and was found guilty again of the 1979 complaint. A key issue was whether the 2002 victim could testify to establish a pattern, or whether Dr. Noriega’s settlement meant her case could never again be used against him.

That issue is likely to factor in his appeal, because she did testify at the second tribunal, and she felt more confident than ever. Her attitude toward defence lawyers had changed. Once, she thought she was the only victim. Then she learned she was not.

As she put it, “I’m going to rise up this time and you’re not going to push me around, because I’ve been bullied through this whole situation.”

National Post
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