On September 26, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Mehdi Horri committed an act of professional misconduct in that he 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, by having engaged in a sexual relationship with a patient too soon after the termination of the doctor-patient relationship.
Dr. Horri, a 51-year-old family physician who practises family medicine in Saskatchewan, graduated in 1998 from the University of Tehran in Iran. He obtained a certificate of Independent Practice in 2015.
Patient A was in her early 20’s when she became a patient of a family doctor, Dr. X, who diagnosed her with depression with suicidal ideation. Dr. X prescribed antidepressants to Patient A. During her third and final visit, Dr. X diagnosed Patient A with insomnia second to depression and found that Patient A did not presently have suicidal or homicidal thought process, prescribing her a different anti-depressant and sleep medicine. Following this appointment, Dr. X began a maternity leave.
Patient A agreed to continue to attend for appointments with Dr. Horri, who was acting as a substitute during Dr. X’s leave.
DOCTOR-PATIENT RELATIONSHIP
Dr. Horri saw Patient A between January and June 2010, continuing the care plan commenced by Dr. X and providing Patient A with on-going support and medication management.
Patient A describes that, because Dr. Horri was a medical professional whom she would not have to see again, she disclosed personal information to Dr. Horri that she had not previously disclosed to anyone. Dr. Horri provided Patient A with support for ongoing personal challenges, depression, anxiety, and sleep difficulties. Dr. Horri renewed prescriptions to Patient A for anti-depressants and sleep medicine.
During their appointments, Patient A recollects that when she would share with Dr. Horri details of her familial challenges, Dr. Horri would tell her that he could relate to what she was experiencing given his own experiences with his family of origin.
POST-TERMINATION SEXUAL RELATIONSHIP
Patient A’s final appointment with Dr. Horri was on a date in mid-June 2010, which was the date the doctor-patient relationship ended. Following that appointment, Patient A dropped off a thank you note for Dr. Horri at his office. Dr. Horri looked up Patient A’s phone number in her medical. He called her to thank her for the card, to offer his ongoing friendship, and to suggest that Patient A call him if she needed a friend.
Patient A described that at his point in her life, she was fairly isolated from her support network.
Dr. Horri and Patient A developed a friendship over the subsequent weeks. They met on a few occasions for coffee or walks together.
Approximately two weeks after Patient A’s last appointment with Dr. Horri, Dr. Horri visited Patient A’s apartment. After watching a movie together, they had sexual intercourse. Patient A described that she was scared and upset because they did not use a condom and she was worried about pregnancy. Dr. Horri left $200 on Patient A’s nightstand, which Patient A found highly insulting. Dr. Horri intended this as a supportive gesture.
On July 1, 2010, Dr. Horri left for Thunder Bay where he entered the Family Practice anaesthesia program at the Northern Ontario Medical School.
After his departure, Dr. Horri and Patient A continued an on-and-off long-distance intimate relationship for about three years. Patient A travelled to see Dr. Horri and Dr. Horri would sometimes travel to see Patient A. During and after the end of the sexual relationship, Dr. Horri provided Patient A with gifts, including two $2,000 e-transfers, a credit card in her name, and a laptop. Dr. Horri and Patient A remained in contact after the sexual relationship ended until the spring of 2014.
DISPOSITION
On October 13, 2016, the Discipline Committee reserved its decision on penalty. On March 24, 2017, the Discipline Committee released its decision on penalty.
APPEAL
On April 6, 2017, Dr. Horri appealed the penalty decision to the Superior Court of Justice (Divisional Court). Pursuant to s. 25(1) of the Statutory Powers Procedure Act, the appeal operated to stay the penalty decision pending the outcome of the appeal. On May 30, 2018, the Divisional Court allowed Dr. Horri’s appeal and returned the matter of penalty to the Discipline Committee for redetermination. On June 19, 2018, the College filed a motion for leave to appeal the decision of the Divisional Court to the Court of Appeal. On September 17, 2018, the Court of Appeal denied the motion for leave to appeal.
PENALTY RE-DETERMINATION
The penalty redetermination hearing took place on November 7, 2018. The Discipline Committee reserved its decision. On March 29, 2019, the Discipline Committee ordered and directed that:
-The Registrar suspend Dr. Horri’s certificate of registration for a period of twelve months, effective immediately;
- The Registrar impose the following terms, conditions and limitations on Dr. Horri’s certificate of registration:
o Dr. Horri shall complete an individualized course in medical ethics approved by the College to include professional responsibility, boundaries, and professional communication within 12 months of the date of this Order and will provide reports of successful completion to the College, at his own expense.
-Dr. Horri appear before the panel to be reprimanded;
-Dr. Horri pay to the College costs in the amount of $15,680.00 within 30 days of the date of this Order.
APPEAL
On April 26, 2019, Dr. Horri appealed the penalty decision to the Superior Court of Justice (Divisional Court). Pursuant to s. 25(1) of the Statutory Powers Procedure Act, the appeal operates to stay the penalty decision pending the outcome of the appeal.
On June 18, 2019, the Court received Dr. Horri’s Notice of Abandonment of his appeal.
Therefore, the decision of the Discipline Committee is in effect.
Terms and conditions imposed on certificate by: Member