On January 19, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Sherapartap Singh Rai committed an act of professional misconduct, in that he 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.
During the relevant time period, Dr. Rai practised in an emergency room at the only hospital in a small town. He was also engaged in a sexual relationship with the woman in issue, Ms. A, throughout that period. It was undisputed that Dr. Rai assessed, diagnosed and treated Ms. A on one occasion in a clinic and on nine occasions at the hospital ER over a number of years. The Discipline Committee determined that the medical treatments did not give rise to a physician- patient relationship, however. It noted that there was no evidence that Dr. Rai provided regular care to Ms. A and that there was no evidence the ER visits were arranged ahead of time, or that there was another physician available in the ER to see her when she visited. All of the treatment occasions constituted “incidental care.” In particular, the Committee held that “given the context of the small town ER, Dr. Rai had no choice but to attend to [her] medical needs and to provide care for her problems,” finding that the ER visits were “incidental care to a spouse, given the nature of the visits and the unique set of circumstances in this case.” The clinic treatment was ill-advised, but it did not create a doctor-patient relationship.
Dr. Rai was found to have engaged in disgraceful, dishonourable or unprofessional conduct with respect to treating Ms. A at a clinic visit at which he performed a Pap test and ordered blood work, by treating a family member in a non-emergency situation.
PENALTY
On May 6, 2016, the Discipline Committee directed the Registrar to suspend Dr. Rai’s certificate of registration for period of two (2) months, to commence at 12:01 a.m. on May 7, 2016.
The Committee ordered Dr. Rai to appear before the panel to be reprimanded.
The Committee directed the Registrar to place the following terms, conditions or limitations on Dr. Rai’s certificate of registration:
Dr. Rai shall participate in and successfully complete the next available course on “Understanding Boundaries and Managing the Risks Inherent in the Doctor-Patient Relationship” offered by Western University, or an equivalent program acceptable to the College, and shall forthwith thereafter provide proof of completion thereof to the College.
COSTS
The Committee ordered Dr. Rai to pay the College its costs of this proceeding in the amount of $4,460.00, within one hundred and twenty (120) days of the date upon which the suspension of his certificate of registration is lifted.