On May 4, 2011, the Discipline Committee found that Dr. Yazdanfar committed an act of professional misconduct in that she failed to maintain the standard of practice of the profession; she has contravened the advertising regulation; and, she 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. Yazdanfar is incompetent.
In respect of the patient KS, Dr. Yazdanfar failed to maintain the standard of practice: in her performance of liposuction; in her post-operative care and treatment; and, in her record keeping. Dr. Yazdanfar engaged in unprofessional conduct: in commencing liposuction on another patient while KS was unstable and/or failing to abort the liposuction on the other patient after learning of KS unstable and/or deteriorating condition; and, in knowingly breaching the acceptable standards of practice with respect to her performance of liposuction
In respect of the patient FM, Dr. Yazdanfar failed to maintain the standard of practice: in her failure to obtain informed consent; in her performance of liposuction; and, in her post-operative care and treatment including her discharge arrangements. Dr. Yazdanfar engaged in disgraceful, dishonourable or unprofessional conduct in knowingly breaching the acceptable standards of practice with respect to her performance of liposuction.
In respect of the patient MP, Dr. Yazdanfar failed to maintain the standard of practice: in performance of liposuction; and, in post-operative care and treatment. Dr. Yazdanfar engaged in unprofessional conduct in knowingly breaching the acceptable standards of practice with respect to her performance of liposuction.
In respect of the patient QR, Dr. Yazdanfar failed to maintain the standard of practice and engaged in unprofessional conduct: in failing to obtain informed consent; in failing to provide the patient with a proper choice of procedures; in failing to advise the patient that she did not perform one of the requested procedures; in failing to adequately advise the patient of increased complications with increased implant size; in failing to select, assist the patient in selecting and failing to take responsibility for selection of appropriate implant size; and, in offering an inappropriate manner of correcting the first operation (using smaller implants in the same pocket).
In respect of the patient WX, Dr. Yazdanfar failed to maintain the standard of practice and engaged in unprofessional conduct: in failing to obtain informed consent; in failing to formulate an appropriate treatment plan, in that she failed to adequately advise about and explore all possible options for dealing with the patient's presenting complaint; in failing to advise the patient of increased complications with increased implant size; in failing to select, assist the patient in selecting, and failing to take responsibility for selection of the appropriate implant size; in failing to make appropriate treatment decisions and recommendations; and, in failing to recognize and appropriately manage complications.
In respect of certain patients in her cosmetic surgery practice from 2005-2007, Dr. Yazdanfar failed to maintain the standard of practice: in the performance of liposuction, including performance of liposuction in combination with other procedures; in her engagement as a co-surgeon in the combination of liposuction and abdominoplasty; in her pre-operative evaluations; in failing to obtain informed consent in the patients with co-morbidities; and, in her post-operative care and treatment. Dr. Yazdanfar engaged in disgraceful, dishonourable or unprofessional conduct in knowingly breaching acceptable standards in her performance of liposuction.
Dr. Yazdanfar contravened the advertising regulation and engaged in disgraceful, dishonourable or unprofessional conduct through posting advertising on the Toronto Cosmetic Clinic website, which is misleading or deceptive and which contains testimonials and/or superlative statements about her cosmetic practice.
The Committee found that Dr. Yazdanfar is incompetent in relation to her care of two liposuction patients in 2007, certain liposuction patients in her cosmetic surgery practice from 2005 to 2007, and in the care of two breast augmentation patients in 2007 and 2008.
On December 21, 2011, the Discipline Committee ordered and directed that:
1. The Registrar suspend Dr. Yazdanfar's certificate of registration for a period of two (2) years commencing on the date of this Order.
2. Dr. Yazdanfar appear before the Committee to be reprimanded, on a date to be fixed by the Committee which shall be no later than three (3) months from the date that this Order becomes final.
3. The following terms, conditions and limitations be imposed on Dr. Yazdanfar's certificate of registration for an indefinite period:
(a) Dr. Yazdanfar is restricted from performing all surgery, except as a surgical assistant in a hospital based setting, provided that a member of the College of Physicians and Surgeons of Ontario who is approved by the College is in attendance and performing the surgery ("all surgery" includes but is not limited to any cosmetic surgical procedures).
(b) Dr. Yazdanfar's practice is limited to that of a surgical assistant, as described under (a).
(c) Dr. Yazdanfar shall co-operate with unannounced inspections of her practice and patient charts, conducted at her own expense, by a College representative(s), for the purpose of monitoring and enforcing her compliance with these terms, conditions and limitations.
(d) Dr. Yazdanfar shall publish the terms, conditions and limitation imposed on her certificate of registration in any advertisement of her clinic where she is referred to, including on her website, and shall post signage of these restrictions in a form acceptable to the College in the Toronto Cosmetic Clinic or any other clinic owned by her.
4. Dr. Yazdanfar pay to the College $219,000 in respect to costs, such costs to be paid within 12 months of the date of this Order.
On January 20, 2012, Dr. Yazdanfar appealed the decision of the Discipline Committee to the Divisional Court.
On April 24, 2012, the Divisional Court dismissed Dr. Yazdanfar's motion to stay the penalty decision of the Discipline Committee pending the outcome of the appeal. Therefore the penalty decision remains in effect.
On October 16, 2013, the Divisional Court dismissed Dr. Yazdanfar's appeal.
On October 31, 2013, Dr. Yazdanfar filed a Notice of Motion for Leave to Appeal the decision of the Divisional Court to the Court of Appeal.
On December 27, 2013, Dr. Yazdanfar served a Notice of Abandonment of her Motion for Leave to Appeal the decision of the Divisional Court to the Court of Appeal.
On January 28, 2014, the Court of Appeal ordered Dr. Yazdanfar's motion for leave to appeal be dismissed for delay with costs in the amount of $750.00.
