Winnipeg surgeon suspended for 6 months after sending sexual texts, photo of genitalia to patient

An orthopedic surgeon practising in Winnipeg has been suspended for six months after he was found guilty of sending sexually explicit text messages to a patient.

Dr. David Howell Ames's suspension began on Feb. 1, following a decision from an inquiry panel looking into his conduct involving a patient, according to documents on the College of Physician and Surgeons of Manitoba's website.

The documents say the patient is a woman born in 1971, but she is not named or otherwise identified.

The patient was referred to Ames for a consultation regarding double hip replacement surgery, which took place between 2018 and 2019 at Grace Hospital in Winnipeg, the reasons for the decision posted online say.

"The pain she was experiencing and the extent to which her normal living activities had been significantly disrupted meant that she was desperate for assistance when she was referred to Dr. Ames," the inquiry panel said in its decision.

"The power imbalance in their relationship was pronounced and Dr. Ames was either oblivious to it, or exploited it for his own gratification."

The panel determined last September the doctor had violated his ethical obligations to his patient by not maintaining professional boundaries and attempted to mislead the College of Physicians and Surgeons of Manitoba during its investigation into him.

Specifically, Ames was found guilty of complimenting his patient about her physical appearance, making comments of a sexual nature during appointments, and sending inappropriate texts and instant messages. That included sending her a picture of male genitalia, while encouraging the patient to send him nude photos.

The doctor admitted to sending the picture, but pleaded not guilty to all the charges against him.

Ames was also found guilty of attempting to mislead the college in his written communications and during his interview with the investigator, thereby committing acts of professional misconduct and engaging in conduct that can be reasonably regarded as unbecoming of a member, the decision said.

"His reluctance to admit the full extent of his misconduct was not merely the product of shame or embarrassment but was part of a calculated effort to minimize the penalties which might be imposed upon him, even if that meant portraying [his patient] in an unfavourable light," it said.

The surgeon was also accused of inappropriately touching his patient's genitals. On that charge, the panel determined that while it was "certainly possible" the woman's account was true and accurate, it was unable to conclude her version of what happened was more likely to be true and accurate than the doctor's version.

Consequences for doctor

During the course of his suspension, Ames must be assessed by a psychiatrist or psychologist. He must also complete courses on maintaining appropriate boundaries. Both his mental health professional and the courses must be approved by the college.

Once he returns to work, no earlier than August, he must abide by a number of conditions. Those include not having contact with patients outside the facility in which he provides medical care, except to communicate test results or about patient health issues that cannot be dealt with in a regularly scheduled appointment. 

Ames also won't be allowed to engage in solo practice and must have an attendant present during encounters with female patients, as well as signs in the office reception and examination rooms about that chaperone requirement.

He won't be allowed to apply for a variance of any of those terms earlier than a year after he goes back to work.

In a statement, the registrar and CEO of the College of Physicians and Surgeons of Manitoba said patient safety is the main priority for the self-regulatory body.

"These types of allegations are deeply disturbing and damaging to the medical profession," said Anna Ziomek.

"Trust is the cornerstone of the patient-physician relationship and the public should have confidence that their physicians will treat them with dignity and respect."