Allegations of Dr. Bingham’s professional misconduct have been referred to the Discipline Committee of the College. It is alleged that Dr. Bingham engaged in the sexual abuse of Patient A and/or in disgraceful, dishonorable or unprofessional conduct by, among other things, inappropriate and/or sexual comments to Patient A and inappropriate, sexual and/or physical contact with Patient A.
Decision Summary: On January 9, 2018, the Discipline Committee found that Dr. John Lee Bingham committed an act of professional misconduct, in that he has engaged in sexual abuse of a patient, and in 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.
Dr. John Lee Bingham is a family physician who obtained his certificate of registration in Ontario on December 1, 1980. At the material time, he was practising psychotherapy in Toronto.
Patient A
Patient A, a woman in her 30s, saw Dr. Bingham in his office about eight times between July and August of 2016, following the death of her family member earlier in the year. She was having significant problems in her relationship with her partner at the time.
At the first visit, Dr. Bingham asked Patient A if he could give her a hug because she was crying non-stop. Patient A agreed and thought Dr. Bingham was compassionate and seemed professional.
Dr. Bingham hugged Patient A, which she described as a non-sexual, platonic hug. Thereafter, Dr. Bingham hugged Patient A after each appointment.
After another visit, which was the last appointment of the day, as Patient A was planning to walk home, Dr. Bingham asked to walk with her. He said he was headed to a store in the same direction Patient A was walking. While walking with Patient A, Dr. Bingham said that he wondered what people would think seeing a pretty young girl like her with him. Patient A found this odd, but thought he was trying to make her feel good about herself. When Patient A and Dr. Bingham got to the store, they hugged as usual, but Dr. Bingham held her longer and closer than before, and then kissed her on the cheek.
Following this, during Patient A’s last few appointments, Dr. Bingham asked her to pull her chair close to his and helped her pull the chair over. The chairs were so close their knees were nearly touching.
At the last appointment, while completing paperwork for Patient A’s employer, Dr. Bingham patted on Patient A’s thigh with his hand while she was wearing shorts and their chairs were moved close together. Dr. Bingham then said he would have to start seeing her every week. When Patient A asked if he had time in his schedule, Dr. Bingham responded that he always had time for her. When Patient A got up to leave, Dr. Bingham pulled her towards him for another hug. He told her he had been thinking about her a lot. He held her more tightly, like a bear hug, so that her body was pressed firmly against his with one of his hands on her lower back tailbone area, just below the waistline. Patient A describes herself as petite. Dr. Bingham is a tall, large man. He began rubbing her back and pressed his face to hers asking if it felt good. He placed Patient A’s head on his shoulder. She tried to pull away, but he held onto her arms. Dr. Bingham held Patient A’s face close to his, kissed her forehead and cheek, and kept looking at her mouth, which made Patient A feel he wanted to kiss her on the mouth. He said “sometimes two people just click.” He said that she was helping him too and that she gave him good feelings. Patient A left the appointment and did not see Dr. Bingham again.
Prior Discipline History
On June 6, 2003, the Discipline Committee found that Dr. Bingham had committed an act of professional misconduct in that he engaged in disgraceful, dishonourable or unprofessional conduct. The conduct was in relation to a 27-year-old psychotherapy patient in 2001. After one of her sessions, Dr. Bingham hugged the patient as she was leaving his office and gave her a kiss on her lips. She did not return for further therapy as a result. Dr. Bingham’s certificate of registration was suspended for 6 months, he was ordered to complete the boundaries course and post security by way of letter of credit in the amount of $10,000 to guarantee the payment of any amount the College may pay out in respect of funding for the patient’s therapy and counseling.
Between 2001 and 2016, there were no other complaints to the College about Dr. Bingham’s behaviour.
Undertaking to Resign
On January 9, 2018, Dr. Bingham entered into an undertaking to the College, by which he has, among other things, resigned his membership with the College and agreed never to apply or re-apply for membership in Ontario or in any other jurisdiction. Had Dr. Bingham not resigned and agreed never to reapply, the College would have been seeking a very significant penalty.
Disposition
The Discipline Committee ordered that:
- Dr. Bingham appear before the panel to be reprimanded.
- Dr. Bingham pay to the College costs in the amount of $5,500 within thirty (30) days from the date of this Order.
Terms and conditions imposed on certificate by: Inquiries, Complaints and Reports Committee