On July 29, 2013, the Discipline Committee found that Dr. Sastri Narendra Maharajh committed an act of professional misconduct, in that he has engaged in the sexual abuse of a patient, and in that he has engaged in 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. Maharajh admitted the allegations.
Dr. Maharajh is a family physician practicing in Mississauga, Ontario. Patient A was a patient of Dr. Maharajh's since approximately 1992. She had several ultrasounds of the breast performed in order to investigate breast masses, which were always benign.
On July 5, 2011, Patient A attended for an appointment with Dr. Maharajh. Her complaints that day included wheezing and ongoing pain in the left breast. Dr. Maharajh examined Patient A's ears, nose and throat first and found that her throat was red. He told Patient A that she likely had a viral infection. Dr. Maharajh next began examining Patient A's chest with his stethoscope. He asked her to take deep breaths, with her head turned sideways towards the wall. At this point, Patient A was lying on the exam table with her left arm under her head. The wall was on her left hand side, and Dr. Maharajh was standing to her right. She was not wearing a gown.
Dr. Maharajh instructed Patient A to breathe deeply, and he placed the head of the stethoscope on her chest. He listened to both lung fields. At this point in the examination, Patient A felt something odd on her right nipple. She noticed that Dr. Maharajh's head was close to her chest. She felt something warm and pinching on her nipple. Dr. Maharajh instructed Patient A to breath and then quickly put his lips on her nipple. This occurred three times. Patient A turned her head to look and saw Dr. Maharajh cupping her nipple with his mouth. Patient A said, "What are you doing?" Dr. Maharajh stood up and said "Nothing".
Dr. Maharajh has disclosed to the College that between approximately 2005 and 2011, he engaged in conduct that was similar to the inappropriate conduct engaged in with Patient A, with approximately ten to twelve other female patients. For each of these ten to twelve patients, Dr. Maharajh acknowledges that he either placed his mouth on the patient's breast, or he rested his cheek lightly on the patient's breast.
On November 5, 2013, the Committee ordered and directed that:
1. The Registrar suspend Dr. Maharajh's certificate of registration for eight (8) months.
This suspension is to take effect immediately.
2. The Registrar impose the following terms, conditions and limitations on Dr. Maharajh's
certificate of registration for an indefinite period of time:
a. Dr. Maharajh's practice shall be restricted to male patients only.
b. Dr. Maharajh shall post a clearly visible sign in his waiting room, and any waiting room where he practises, stating that he may only treat male patients.
c. Dr. Maharajh shall continue in individual psychodynamic psychotherapy with a College-approved psychiatrist who shall provide written reports to the CPSO every six (6) months.
3. Dr. Maharajh appear before the panel to be reprimanded.
4. Dr. Maharajh reimburse the College for funding provided to Patient A under the program required under section 85.7 of the Code, and shall, within three (3) months of the date of this order, post security acceptable to the College, in the amount of $16,060.00, to guarantee the payment of such amounts.
5. The Registrar impose the following term, condition and limitation on Dr. Maharajh's certificate of registration for an indefinite period of time:
a. Dr. Maharajh shall reimburse the College for funding for any therapy and counselling provided to up to six of the patients referred to in the Agreed Statement of Facts for Penalty Hearing, and shall, within three (3) months of the date of this order, post additional security acceptable to the College, in the amount of $96,360.00, to guarantee payment of such amounts.
6. The parties may make written submissions with respect of the costs of the hearing. The College shall provide its submissions within ten (10) days of the release of this Order. Dr. Maharajh shall provide his submissions within ten (10) days of receipt of the College's submissions. The College shall have a further five (5) days after receipt of Dr. Maharajh's submissions to make any reply submission. Should independent legal counsel provide the Committee with advice in respect of costs, such advice shall be provided to counsel for their comments.
On February 4, 2014, the Discipline Committee ordered Dr. Maharajh to pay costs to the College in the amount of $8,920.00 within 60 days of the date of this Order.
Terms and conditions imposed on certificate by: Member