On February 21, 2020, the Discipline Committee (the “Committee”) of the College of Physicians and Surgeons of Ontario released a written order stating its finding that Dr. Rajiv Stephen Thavanathan (“Dr. Thavanathan”) committed an act of professional misconduct.
Dr. Thavanathan was first issued a postgraduate certificate of registration in July 2014. During the relevant time, Dr. Thavanathan held a postgraduate certificate of registration and practised in Ottawa, Ontario, where he was a fourth year emergency medicine resident.
In January 2018, Ms A, a woman in her 20s, was brought by ambulance to an emergency department at an Ottawa hospital. Dr. Thavanathan and Ms A had been social acquaintances before her emergency department attendance. They had engaged in flirtatious electronic communication with each other since about August 2017.
On the morning when Ms A was present, Dr. Thavanathan began a shift in the emergency department. Dr. Thavanathan encountered Ms A in the emergency department after patient handover. When he saw Ms A, he realized that he knew her. Dr. Thavanathan performed a cardiorespiratory examination on Ms A, and asked for an electrocardiogram which had been performed previously to be repeated. Once there was a plan to admit Ms A, Dr. Thavanathan communicated the plan to her. Ms A was admitted to the hospital from the emergency department the same day, after which Dr. Thavanathan had no other encounter with her in hospital. Ms A was discharged from the hospital a few days later.
About four days after her hospital discharge, Ms A sent Dr. Thavanathan an Instagram message asking him out on a date. Dr. Thavanathan accepted. Ms A went to Dr. Thavanathan’s home in mid-January 2018. They consumed recreational drugs and alcohol at his home, and had sexual intercourse. Later that evening, they went to Montreal in Dr. Thavanathan’s car. They stayed in Montreal for two nights. While in Montreal they went to a bar and nightclub together, consumed recreational drugs and engaged in sexual activities.
After their trip to Montreal, Dr. Thavanathan and Ms A met several days later. They had sexual intercourse, after which they continued to have flirtatious conversations via Instagram. Ms A advised Dr. Thavanathan the next week that she no longer wanted to continue their relationship. Dr. Thavanathan respected Ms A’s wishes and had no further contact with her.
It was disgraceful, dishonourable or unprofessional conduct on Dr. Thavanathan’s part to engage in the behaviour described above with Ms A shortly after his encounter with her
In considering penalty, the Committee noted the following facts.
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Dr. Thavanathan has not practised medicine since July 1, 2018, when his postgraduate certificate of registration expired and was not renewed by the Registration Committee in view of the unresolved concerns regarding this matter. Dr. Thavanathan has one remaining year to complete in his residency program.
Dr. Thavanathan entered into substance use monitoring in December 2018 because of the substance use concerns identified in this case. In December 2019, the monitoring body reported Dr. Thavanathan to have complied continuously with his substance use monitoring. Dr. Thavanathan was reported not to have missed any urine screen tests, and all test results have been negative for substances of abuse. Dr. Thavanathan continued to demonstrate insight and a commitment to health and wellbeing. Dr. Thavanathan t will be monitored with respect to substance use until December 2020.
The Committee ordered and directed on the matter of penalty and costs:
-Dr. Thavanathan to attend before the panel to be reprimanded.
-The Registrar to suspend Dr. Thavanathan's certificate of registration for a period of three (3) months, commencing from February 22, 2020 at 12:01 a.m.
-The Registrar to place the following terms, conditions and limitations on Dr. Thavanathan's certificate of registration:
-Dr. Thavanathan will participate at his own expense in the PROBE Ethics & Boundaries Program offered by the Centre for Personalized Education for Professionals, by receiving a passing evaluation or grade, without any condition or qualification. Dr Thavanathan will complete the PROBE program within nine (9) months of the date of this Order, and will provide proof to the College of his completion, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it.
- Dr. Thavanathan to pay costs to the College in the amount of $6,000.00 within 30 days of the date of the Order.
Terms and conditions imposed on certificate by: Registration Committee