On November 11, 2019, on the basis of uncontested facts and a plea of no contest, the Discipline Committee found that Dr. Sameh Adly Fikry (“Dr. Fikry”) committed an act of professional misconduct in that: he engaged in professional misconduct by engaging 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.
Dr. Fikry is a family physician who received his certificate of registration in 2010. Throughout the relevant time period, Dr. Fikry practised in the Kitchener-Waterloo area. Dr. Fikry has no prior discipline history.
Patient A became a patient in Dr. Fikry’s family medicine practice in 2015. She was seen by Dr. Fikry on three occasions in 2015. The first occasion was for a routine “meet ‘n’ greet”. The second occasion was for a complete physical examination. The third occasion, ten days later, related to Patient A’s respiratory difficulties.
At the third appointment, Patient A attended at Dr. Fikry’s office with complaints associated with asthma exacerbation. Patient A reported having been seen in the Emergency Department for treatment of her asthma six days prior, but her symptoms persisted. She also advised Dr. Fikry that she had called his office the previous Friday afternoon before going to the Emergency Department, but it was closed. Dr. Fikry asked Patient A to enter his cellphone number into her phone for Patient A to use in the event of a future emergency, noting that he occasionally saw patients after hours. Patient A did so.
Dr. Fikry then took an appropriate medical history, Patient A’s shirt was lifted, and Dr. Fikry conducted a lung examination. Patient A was wearing a bra. At the end of the examination, Patient A’s shirt was put back down. Dr. Fikry prescribed a new medication to treat Patient A’s symptoms.
At the end of the clinical encounter as Patient A was leaving Dr. Fikry’s examination room, Dr. Fikry said to the patient: “I have something to tell you, but please don’t slap my face for it. Your bra, it is very elegant.” Dr. Fikry made no other comments to Patient A, and she left his office.
These comments caused Patient A great deal of distress. She did not wish to return to see Dr. Fikry and de-enrolled herself as his patient.
DISPOSITION
On November 11, 2019, the Discipline Committee ordered that:
- The Registrar suspend Dr. Fikry’s certificate of registration for a period of two (2) months, to commence on November 19, 2019, at 12:01 a.m.;
- Dr. Fikry attend before the Committee to be reprimanded; and
- Dr. Fikry pay costs to the College in the amount of $10,370.00 within thirty (30) days of the date of the Order.
Terms and conditions imposed on certificate by: Member
