On February 1, 2011, the Discipline Committee found that Dr. Charles Randal Smith committed acts of professional misconduct in his practice of forensic pediatric pathology and his work providing expert opinion evidence in relation thereto. The Discipline Committee found that Dr. Smith failed to maintain the standard of practice of the profession and that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. The Discipline Committee also found that Dr. Smith is incompetent.
In particular, in multiple cases:
a) Dr. Smith failed to gather relevant information, undertake appropriate investigations, and properly detail relevant information;
b) Dr. Smith, expressed opinions about the cause of injuries or death that were either contrary to or not supported by the pathology evidence at the time the opinion was first expressed or were no longer supported after receipt of additional information;
c) Dr. Smith, formed erroneous opinions about the cause of death based on non-specific findings, and he misinterpreted autopsy findings;
d) Dr. Smith referenced aspects of the social history of the parents or caregivers of the deceased child which were irrelevant to the pathology;
e) Dr. Smith opined on the manner of death rather than exclusively on the pathological cause of death;
f) Dr. Smith failed to respond to communications from coroners, Crown Attorneys, police officers and other pathologists in an appropriate and timely manner. Furthermore, Dr. Smith attempted to unfairly shift responsibility for these failures to others. These failures compromised the administration of justice;
g) Dr. Smith failed to create, maintain and preserve pathology materials relevant to criminal investigations in the manner expected of a pathologist acting pursuant to the Coroners Act. These failures compromised the administration of justice;
h) Dr. Smith exaggerated his experience, or conversely, failed to disclose his lack of experience in the area of forensic pathology. Dr. Smith offered opinions outside of his area of expertise. Dr. Smith gave evidence that was unbalanced, overly dogmatic or failed to acknowledge uncertainty or controversy, and which was speculative, unsubstantiated and not based on pathology findings;
i) Dr. Smith failed to provide his opinions to coroners, the police, Crown Attorneys and/or the Court in a manner that met the standard expected of a forensic pathologist in Ontario at the time. He gave his evidence in a manner that was misleading, overly casual, unfairly critical of other experts or unscientific. In other cases he acted as an advocate rather than expressing an unbiased opinion. Dr. Smith failed to adequately prepare for court; and
j) Dr. Smith failed to respond to inquiries from regulating bodies, including the CPSO, with the candour expected of a member regarding his involvement in certain of the cases under investigation. This lack of candour prevented the regulating bodies from exercising the degree of oversight that might otherwise have been exercised.
The Discipline Committee ordered and directed that:
1. The Registrar revoke Dr. Smith's certificate of registration effective immediately.
2. Dr. Smith appear before the panel to be reprimanded.
3. Dr. Smith pay costs to the College in the amount of $3,650 within sixty (60) days from the date of this Order.
4. The results of this proceeding be included in the register.
Terms and conditions imposed on certificate by: Member