On January 17, 2017, the Discipline Committee found that Dr. Martin M.S. Lee committed an act of professional misconduct in that: he engaged in the sexual abuse of a patient and he engaged in conduct relevant to the practice of medicine that, having regard to all the circumstances, would reasonably regarded by members as disgraceful dishonorable and unprofessional.
Dr. Lee is a rheumatologist. During the relevant time period, Dr. Lee practised in both Pickering and Mississauga. Dr. Lee saw these patients for the treatment of pain and fibromyalgia between January 2008 and June 2012.
Regarding Patient A, Dr. Lee engaged in sexual abuse by asking her inappropriate and personal questions about her sex life and by showing and discussing a pornographic magazine with her. These were remarks and gestures of a sexual nature. He engaged in conduct relevant to the practice of medicine that, having
regard to all the circumstances, would reasonably be regarded by members as disgraceful dishonorable and unprofessional by (i) making remarks and gestures of a sexual nature as described above; (ii) asking her to pay cash for prescriptions; (iii) asking her to fill a prescription for Flamazine for him; and (iv) asking her to video or photograph other patients.
Regarding Patient C, Dr. Lee engaged in sexual abuse in that on one occasion, he inappropriately rubbed his groin against her right hip area while administering a trigger point injection. This was contact of a sexual nature. Dr. Lee also sexually abused Patient C by using sexually explicit and crude language when asking her personal questions about her sex life. These were remarks of a sexual nature.
Further, Dr. Lee’s line of questioning with respect to Patient C’s personal sex life, and his choice of words when asking these questions would reasonably be regarded by members of the profession as disgraceful, dishonorable or unprofessional.
Disposition
On November 2, 2017 the Discipline Committee made an order on the matter of penalty and costs.
Appeal
On December 1, 2017, Dr. Lee appealed the decisions on finding and penalty of the Discipline Committee to the Superior Court of Justice of Ontario (Divisional Court). In the circumstances, the decision of the Discipline Committee remained in effect, despite the appeal.
On July 19, 2019, the Divisional Court dismissed the appeal of the Committee’s January 28, 2017 decision on finding and granted the appeal of the November 2, 2017 decision on penalty. The Divisional Court directed that Dr. Lee is required to post security for reimbursement for funding under the program under section 85.7 of the Code with respect to Patient A only. The Divisional Court also directed that the panel of the Discipline Committee that originally heard the case hear and decide the remaining issues of penalty.
On August 12, 2019, the College filed a notice of motion seeking leave to appeal to the Court of Appeal the decision of the Divisional Court. On November 1, 2019, the Court of Appeal dismissed the College’s motion for leave to appeal.
Penalty Decision following Appellate Return
On March 17, 2020, pursuant to the decision of the Divisional Court, the Committee held a penalty hearing. In summary, the Discipline Committee ordered and directed on the matter of penalty and costs that:
- The Registrar place terms, conditions and limitations on Dr. Lee’s certificate of registration, effective immediately, related to:
Practice Monitor and Patient Log
Notification of Practice Locations
Posting a Sign and Translations
Notifying Patients
Monitoring of Compliance
Professional Education
Cost of Implementation
- Dr. Lee is to attend before the panel to be reprimanded.
- Dr. Lee is to reimburse the College for funding under the program required under section 85.7 of the Code, by posting an irrevocable letter of credit or other security acceptable to the College, within seventy-five (75) days of the date of this Order in the amount of $16,060.00.
- Dr. Lee is to pay costs to the College in the amount of $20,500.00, within seventy-five (75) days of the date of this Order.
More details can be found in the reasons for decision linked below.
Terms and conditions imposed on certificate by: Inquiries, Complaints and Reports Committee