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When patients complain about doctors and physicians, the College of Physicians and Surgeons of Ontario (CPSO) steps in to manage the investigation and how professionals are disciplined. The college is responsible for ensuring doctors are practicing medicine in a safe manner.
While it’s important to have a third party tasked with keeping a doctor’s work in check, a recent investigation by the Toronto Star found that unfortunately some of these complaints are handled through “undertakings” or backroom deals where “high risk” doctors have been allowed to resign or restrict their practice in exchange for dropping investigations or prosecutions.
The investigation found that more than 200 doctors participated in these types of deals, which doesn’t take into account the complainant’s experience, says the Star. The public also isn’t privy to the reasoning and context behind an undertaking, which critics say affects the accountability of both the college and the accused physician.
Between 2005 to 2014, 164 doctors took these types of deals which put restrictions on their practice. These restrictions include preventing some doctors from prescribing narcotics, preventing some doctors from diagnosing patients and preventing some surgeons from conducting surgery, says the Star. In some deals, the physicians were allowed to keep their MD title, despite being found unfit to practice medicine. The investigation also found 36 cases where physicians resigned and in exchange, the college dropped 19 investigations and 13 prosecutions.
The CPSO website only publishes information about restrictions that are presently in effect and deletes past restrictions, which means that if a restricted doctor begins to practice there is no historical record on the CPSO. There are also no details outlining the allegations against the physician which resulted in these undertaking deals. Furthermore, only “high risk” undertakings are published, including resignations, and other restrictions that are deemed as no/minimal risk, low risk and moderate risk aren’t published.
The CPSO told the Star that deals settled during undertakings protect patients and whether doctors are compliant with their restrictions can be enforced. If physicians breach the terms, the CPSO can restart an investigation or disciplinary action. While the CPSO says they’re only allowed to share a limited amount of information with the public due to legislation, a spokesperson defended undertakings in the Star article saying that they help prevent problems in the future.
The organization recently launched a transparency project for feedback into what patients would like to know about their doctors. The college is also looking into making more information about undertakings public, according to the Star.
It would be ideal if doctors who have received complaints against their practice or services faced disciplinary hearings rather than backroom deals since these are open to the public. This could also help prevent medical errors.
The Health Professions Appeal and Review Board can review decisions made by the CPSO, The HPARB did so in a 2012 case where an obstetrician-gynecologist who was accused of surgical errors was allowed to resign rather than face a disciplinary hearing, according to the Star.
Since the investigation was released, the NDP’s health critic told the Star that legislation should be amended to allow the public access to more information about doctors facing complaints.
If you’ve been injured by negligence by a doctor or healthcare worker, you can be compensated. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 45 years including injuries from medical malpractice. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Greg Neinstein
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