Cataract surgeon taking on health minister to restore reputation, income

A St. John's eye surgeon at the centre of health department investigation into cataract surgery has gone to court to protect his reputation and his livelihood.

Dr. Christopher S. Jackman, who has never been named publicly by the health department, is asking a judge to rule he has not broken the law by removing cataracts in his private clinic.

"The applicant seeks a declaration by this Honourable Court that there is no legislative prohibition of removing a lens or a cataractous lens from a patient's eye in a private medical clinic," says a court document filed by Jackman's lawyer.

Jackman says he's removed cataractous lens in his clinic as part of an elective, not publicly insured, service to improve a patient's vision — not as part of publicly insured cataract surgery service.

He says public comments made by Health Minister John Haggie questioning if eye surgeons in this province are breaching the Canada Health Act damaged his own reputation and those of other ophthalmologists in Newfoundland and Labrador.

Services provided in the Jackman Eye Institute comply with the Medical Care and Hospital Insurance Act.- Christopher Jackman

"The relief sought would establish that Minister Haggie's comments were inaccurate in relation to the removal of cataractous lenses in private clinics in Newfoundland and Labrador, and would thereby counteract the damage to reputation."

The Jackman Eye Clinic responded to CBC News's request for an interview with an emailed statement.

"The legal proceedings seek a declaration that the services provided in the Jackman Eye Institute comply with the Medical Care and Hospital Insurance Act," it says.

"All procedures performed in the Institute follow Canadian Ophthalmology Society Guidelines, and these are the same procedures offered to patients in private ophthalmology clinics all across the country. Offering of these services has become the standard of care elsewhere in Canada."

Costing Jackman $10,000 weekly

In court documents, Jackman says that in February he stopped performing a number of medical services, "due to a threatening letter he received from Health Minister John Haggie and his subsequent comments about criminal activity."

Jackman says this decision is costing Jackman Professional Medical Corporation a loss of revenue of approximately $10,000 per week, according to documents filed at the Supreme Court of Newfoundland and Labrador.

His court application asks a judge to declare that nine services provided in his private clinic are not publicly insured services.

He's also asking the court to order that the province pay his court costs.

Letter from Health Minister

Court documents Jackman filed also include the letter he received from Health Minister John Haggie, dated Feb.1

"The health department has received six complaints and requests for reimbursement for payments made by patients directly to your office for cataract surgeries performed by you in your clinic," wrote Haggie.

"The information provided to my department is troubling and raises both legal, professional and ethical concerns related to your practice of performing cataract surgeries outside a hospital setting."

Immediately cease the provision of this insured service in your clinic.- John Haggie

Haggie also made a request and suggested the health department would take action if it were not followed.

"You are to immediately cease the provision of this insured service in your clinic," he wrote.

"Should you fail to comply, the department will be required to explore all legislative and other measures at its disposal to ensure compliance and promote patient safety."

What the health minister said publicly

Speaking with CBC News in mid-February, Haggie urged patients to call a 1-800 number if they had been asked to pay out-of-pocket for cataract surgery or had the surgery done outside a hospital.

• Eye doctors accused of illegally charging patients for cataract surgery: health minister

• Ophthalmologist 'really shocked' by minister's suggestion that eye doctors are breaking law

"If they have paid for what is an insured service, that's a clear contravention of both the Canada Health Act and our own provincial legislation, our own Hospital Insurance Act," said Haggie.

He said if the allegations are proven, they could have serious consequences for any accused physician.

"For anyone who has been found to have done that, there is a $20,000 fine per instance," he said.

No physician named

In February, Haggie also said the health department was not ready to identify any physicians who've been accused, or say where the infractions are alleged to have happened.

There are potential criminal activities here.- John Haggie

"We're working through that with our hotline. It's not appropriate for me to name names because as you tell from my tone and the comments I've made there are potential criminal activities here," he said.

In early April, the health department issued an update on N.L. Cataract Surgery Information line:

"The line established in Feb. is no longer in service. It was set up after the health dept. received complaints that patients were asked to pay directly for a medical service covered by MCP."

It also said more than 600 people called the cataract surgery information line and an analysis of their information is now underway.