On October 31, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Pilarski committed an act of professional misconduct in that she 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. Pilarski, a family physician practicing medicine in Toronto, received her certificate of registration authorizing independent practice in Ontario in 1990.
Dr. Pilarksi provided home care visits to Patient A, an elderly patient. In the course of treating Patient A, Dr. Pilarski received and accepted gifts from her patient, including jewelry and money.
Patient A was a patient in Dr. Pilarski’s office practice from 1991 until 2006. In 2006, Patient A asked Dr. Pilarksi to see her at home as it was difficult for Patient A to get to Dr. Pilarki’s office. At the time, Patient A was in her 80s.
Dr. Pilarski agreed to make home care visits for Patient A beginning in 2006. Dr. Pilarski also took over care for Patient A’s elderly husband and provided treatment to him at home from about 2008 until he was moved to a care facility in 2011. Patient A’s husband died in 2013.
Dr. Pilarski continued providing home care visits to Patient A up until approximately 2014, when Patient A’s adult child made a complaint to the College pertaining to Dr. Pilarski’s dealings with her mother.
Between 2006 and 2014, Dr. Pilarksi treated Patient A for a variety of age-related health issues and primarily for long-standing anxiety and insomnia that were treated with medications, including Halcion, along with counselling from Dr. Pilarksi.
Patient A and her husband were financially well off and came into substantial money in approximately 2007.
In early 2014, Patient A’s adult child requested that Dr. Pilarski return the gifts Patient A had provided to Dr. Pilarski over the years.
On January 16, 2014, Dr. Pilarski returned jewelry and other assorted items to Patient A’s adult child. An evaluation concluded that some of these items amounted to $8,150.00.
Dr. Pilarski advised the College that she had kept all the items together over the years in order to return them at some point to the family.
Dr. Pilarski accepted a blank cheque from Patient A in the amount of $5,000.00, dated May 2010. Dr. Pilarksi inserted her husband’s name on the cheque as payee. Dr. Pilarski used the money to buy a fireplace, chairs and artwork to create a spa like retreat for her patients in her waiting room. Dr. Pilarski returned the $5,000.00 to Patient A by way of a cheque dated October 13, 2016.
In the summer of 2010, Dr. Pilarski accepted a gift of a few hundred euros from Patient A to be used by Dr. Pilarski’s children on a family vacation.
PENALTY
On October 31, 2016, the Discipline Committee ordered and directed that:
- The Registrar suspend Dr. Pilarski’s Certificate of Registration for a three (3) month period effective immediately.
- The Registrar impose the following term, condition and limitation on Dr. Pilarski’s certificate of registration:
- At her own expense, Dr. Pilarski shall participate in and successfully complete, within six (6) months of the date of this Order, individualized instruction in medical ethics satisfactory to the College, with an instructor selected by the
College. The instructor shall provide a summative report to the College including his or her conclusion about whether the instruction was completed successfully by Dr. Pilarski.
- Dr. Pilarski appear before the panel to be reprimanded.
- Dr. Pilarski pay costs to the College for a one day hearing in the amount of $5,000.00 within 30 days of the date of this Order.