On April 4, 2016, the Discipline Committee of the College of Physicians and Surgeons found that Dr. Jayant Shankerprasad Bhatt committed an act of professional misconduct in that he engaged in an act or omission that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
Dr. Bhatt, a general internist, has practised medicine at a hospital in Ontario (“the Hospital”) since 1977, holding a variety of positions including Chief of Medicine and Chief of the Intensive Care Unit.
HISTORY OF DISRUPTIVE, UNPROFESSIONAL, AND INAPPROPRIATE CONDUCT WITH WOMEN
Dr. Bhatt has a history of disruptive, unprofessional and inappropriate conduct and behaviour towards female colleagues, staff, and patients in the Hospital. Dr. Bhatt accordingly had entered into a contract with the Hospital in 2011 setting out expectations for his behaviour and installing a workplace monitor. The Hospital advised that the contract had been satisfied in January 2014.
In July 2014, the Hospital made a report to the College because it had received seven new complaints regarding Dr. Bhatt’s behaviour. As a result, Dr. Bhatt entered into a further voluntary undertaking with the Hospital, agreeing to stop working in the ICU as well as
refraining from participating in on-call consultations.
BEHAVIOUR TOWARD PATIENTS
The College investigation revealed that patients had complained to the Hospital regarding Dr. Bhatt between 2008 and 2014. Patients had also specifically requested not to see Dr. Bhatt because of his unprofessional, inappropriate, and derogatory behaviour.
For example, one patient in the cardiovascular program complained that Dr. Bhatt had commented on her weight and told her, “You should keep the lights on at night so that food fairy doesn’t put food in your mouth,” and, “I bet you $100 that you can’t lose weight.” This patient felt hurt and intimidated by Dr. Bhatt’s rude and unprofessional behaviour.
BEHAVIOUR TOWARD HOSPITAL COLLEAGUES AND STAFF
The College’s investigation also revealed that Dr. Bhatt had subjected Hospital staff to inappropriate, derogatory and unprofessional behaviour between 2008 and 2014, including:
- Dr. Bhatt behaved inappropriately and rudely to Nurse A, both privately and in front of patients, including Dr. Bhatt telling Nurse A to be quiet and not to talk to patients. Nurse A, on one occasion, asked Dr. Bhatt a question and Dr. Bhatt told her to “shut the fuck up.” Nurse A asked Dr. Bhatt to stop behaving this way. He was better for about two days but he then reverted. Nurse A was stressed and frightened to the point that she had a
panic button installed at her work station.
- Dr. Bhatt once yelled at Nurse B over the phone and she hung up. Dr. Bhatt then tried to call Nurse B at home. Later, Dr. Bhatt tried to go through Nurse B’s husband to discuss the issue. Nurse B has observed Dr. Bhatt corner women in rooms who come out crying after speaking with him.
- Dr. Bhatt yelled at Nurse C, an RN with 30 years of experience, regarding paperwork. Dr. Bhatt suggested she would go to jail, which made Nurse C cry the first doctor to do so in her 30-year career. Nurse C has observed Dr. Bhatt’s rude and demeaning treatment of staff and patients and has reported his behaviour on several occasions to management.
- Nurse D has worked with Dr. Bhatt for 28 years, and described having to adjust to whatever mood Dr. Bhatt happens to be in. Dr. Bhatt has called Nurse D a “monster.” Nurse D told Dr. Bhatt to stop calling her this name but Dr. Bhatt continued to do so. Although she did not feel physically endangered by him, Dr. Bhatt once hit Nurse D with a patient chart. Dr. Bhatt has called Nurse D “stupid” and “useless” in public. Nurse D has received numerous patient complaints about Dr. Bhatt and has had patients specifically ask not to see him.
- Dr. Bhatt interfered with Dr. X’s care of a patient in the ER. Dr. Bhatt aggressively stated that the patient was not being cared for properly and instructed Dr. X to remove the patient’s family from the room. Dr. Bhatt also was demeaning to a nurse who was tending to the patient. The next day, Dr. Bhatt again spoke to Dr. X about the same patient’s care in a threatening, abusive, and condescending manner. Dr. X received and felt intimidated by multiple telephone calls from Dr. Bhatt in the days following which she neither answered nor returned. She also reported that patients specifically ask not to see Dr. Bhatt because he is rude and demeaning.
- Ms. E, a volunteer member of the District Hospital Foundation, received complaints from donors that Dr. Bhatt had pressured them to donate to the local Cardiovascular Program. Dr. Bhatt came to see Ms. E to complain that a recent donation was too small and that he could get more money. Ms. E tried to explain the donor’s position, but Dr. Bhatt became rude and used foul language. Ms. E wrote to the Hospital CEO to express her concerns about this interaction. Subsequently, Dr. Bhatt came to see Ms. E. and closed her office door. Dr. Bhatt handed Ms. E a donation and asked her why she had written the letter of complaint to the Hospital. Ms. E refused to discuss her complaint with Dr. Bhatt. She felt fearful and described his behaviour as bullying.
POST-REFERRAL CONDUCT
In the fall of 2015, after the above matters had been referred to the Discipline Committee, the Hospital asked Dr. Bhatt to assist in in-patients consultations, which Dr. Bhatt had not done since his October 2014 undertaking with the Hospital.
In October 2015, a newly-qualified female doctor at the Hospital, Dr. Y, reported to the Chief of Staff that she had experienced an unpleasant and unprofessional interaction with Dr. Bhatt. The Chief of Staff reported the complaint to the College for investigation, which disclosed that Dr. Y’s first interaction with Dr. Bhatt was a phone call in which Dr. Bhatt was abrupt, curt, and questioned Dr. Y’s management of the patient they were discussing. Dr. Y felt that Dr. Bhatt was suggesting that she did not know what she was doing and was not taking appropriate care of the patient. Dr. Y felt professionally threatened when Dr. Bhatt said words to the effect that “the patient’s family will not be happy,” and suggested that the care Dr. Y was providing was not “up to par.” After the incident, Dr. Y felt anxious and concerned.
After the above incident, the Hospital and Dr. Bhatt agreed that Dr. Bhatt would no longer do in- patient consultations.
ORDER
The Discipline Committee directed the Registrar to:
- suspend Dr. Bhatt’s Certificate of Registration for a four month period effective April 8, 2016 at midnight (12:00 a.m.); and
- impose the following terms, conditions and limitations on Dr. Bhatt’s Certificate of Registration:
o In his practice at the Hospital site, Dr. Bhatt is only permitted to practice in the
following out-patient clinics: Ambulatory Care Unit, Stroke Prevention Program
and the Cardiovascular Rehabilitation Program, or in any other out-patient clinic as is approved by the Chief of Staff. Dr. Bhatt may attend on patients of the
above-mentioned out-patient clinics who are housed on an in-patient unit solely in
his capacity as a stroke clinic physician. Dr. Bhatt is also permitted to review and
report on diagnostic test results as authorized by the Chief of Staff of the hospital;
o Dr. Bhatt will not be alone with Nurse A;
o Dr. Bhatt will advise of any new work places within ten days of starting a new
position;
o Dr. Bhatt will successfully complete the ProBE program in 2016, at his own
expense, agree to abide by any recommendations of the ProBE program and provide proof of completion to the College;
o Dr. Bhatt will continue seeing his treating psychiatrist on a monthly basis for two years and will agree to abide by any recommendations made by the treating psychiatrist. The treating psychiatrist will provide quarterly reports to the College. After two years, with the approval of his treating psychiatrist, Dr. Bhatt may apply to the College to vary the frequency of his appointments; and
o Dr. Bhatt will agree to a monitoring program, at his own expense, with a monitor appointed by the College, such monitoring to be conducted every four months for two years. The monitor will provide reports to the College following each monitoring visit. After two years, with the approval of the monitor, Dr. Bhatt may apply to the College to vary the frequency of the monitoring. Dr. Bhatt will provide consent to the monitor to speak to the Chief of Staff , staff, volunteers and physicians at the Brockville General Hospital, for the purpose of the workplace monitoring and as requested by the monitor
The Discipline Committee ordered Dr. Bhatt:
- to appear before the panel to be reprimanded; and
- to pay costs to the College in the amount of $5,000.00 within thirty (30) days of the date of this Order.
Dr. Bhatt signed the waiver of appeal and the Discipline Committee subsequently administered the reprimand to Dr. Bhatt on April 4, 2016.
Terms and conditions imposed on certificate by: Member
