On November 6, 2017, the Discipline Committee found that Dr. Kaveri Manian Kaveri Selvan committed an act of professional misconduct, in that he 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.
Dr. Kaveri Selvan received his certificate of registration authorizing independent practice from the College of Physicians and Surgeons of Ontario (“the College”) in February, 2011. Between August, 2011 and July 2012, he practised part-time at the Bur Oak Medical Centre (“BOMC”).
Disgraceful, Dishonourable, or Unprofessional Conduct
In the late evening of November, 2012, Dr. Kaveri Selvan returned home from work to find out that a family member had unexpectedly left the family home with his two young children. Dr.Kaveri Selvan was advised that to secure the return of his children, he would need to bring a motion before family court and provide support for his position that the children should be placed in his care and custody.
The next day, Dr. Kaveri Selvan went to BOMC and showed the assistant on duty photographs on his phone of his family member’s consultation report prepared by her treating specialist at the hospital. Dr. Kaveri Selvan asked if there was a copy of this report in the family member’s BOMC chart. He was advised that the family member’s chart did not contain a copy of the report.
Without her consent, Dr. Kaveri Selvan then requested the family member’s records and signed his own name above the line that says “Signature of Patient” on the requisition form. The requisition was subsequently faxed to the hospital by BOMC.
Dr. Kaveri Selvan left BOMC with copies of some records from the family member’s BOMC chart, containing her personal health information. He did not have the family member’s consent to receive her records from the hospital or BOMC. He did not return to BOMC to retrieve copies of the hospital records that were the subject of the requisition he had signed.
On the same day, Dr. Kaveri Selvan also requested and received a copy of his family member’s prescription history from the Bur Oak Discount Pharmacy without her consent.
On the following day, Dr. Kaveri Selvan filed an emergency motion in the family court seeking the return of his children and attached copies of the family member’s medical records he received from BOMC and from the pharmacy. He did not have the consent of the family member to file these records with the court. He was not represented by a lawyer at the time. Dr. Kaveri Selvan was initially not successful in securing the return of his children, despite his motion and continued proceedings before the court.
Dr. Kaveri Selvan subsequently obtained a letter from BOMC, dated November 16, 2012, including information about his family member, which was written on BOMC’s primary physician’s letterhead, bearing the primary physician’s stamp and what appeared to be the primary physician’s signature. He did not have the consent of the family member to obtain this letter.
In the next two months, Dr. Kaveri Selvan brought a new motion before the court for the return of his children and included copies of the family member’s medical and pharmacy records and a copy of the November 16, 2012 letter. He did not have the consent of the family member to file these records with the court.
Pursuant to court orders, custody of Dr. Kaveri Selvan’s children alternated between Dr. Kaveri Selvan and the family member in 2013. In March, 2014, the court granted Dr. Kaveri temporary sole custody of the children. The court’s order remains in force. While Dr. Kaveri’s paramount concern at the time was the safety of his children, he acknowledges his actions should have respected the family member’s privacy in her personal health information.
Disposition
On November 6, 2017, the Committee ordered and directed on the matter of penalty and costs that:
-The Registrar suspend Dr. Kaveri Selvan’s certificate of registration for two (2) months, commencing December 1, 2017.
- Dr. Kaveri Selvan, at his own expense, participate in and successfully complete, within six (6) months of the date of this Order, the following program:
- Individualized instruction in medical ethics satisfactory to the College, with an instructor selected by the College.
- Dr. Kaveri Selvan appear before the panel to be reprimanded.
- Dr. Kaveri Selvan pay costs to the College for a one day hearing in the amount of $5,500.00 within 30 days of the date of this Order.
Terms and conditions imposed on certificate by: Discipline Committee