Doctor reprimand quashed by P.E.I. Court of Appeal
P.E.I. College of Physicians and Surgeons hearing process flawed, says court
A finding of professional misconduct by the P.E.I. College of Physicians and Surgeons against a Summerside gynecologist has been quashed by the provincial Court of Appeal.
It's incredibly important to make sure that people know that they have a right to make a complaint.- Jane Ledwell, P.E.I. Advisory Council on the Status of Women
In a ruling last week, the court struck down the college's findings that Dr. Henry Swart committed professional misconduct and was unfit to practice. In writing up the court’s decision, Justice David Jenkins said the process used to deal with complaints against Island doctors is flawed.
“It is easy to see how under the current Act procedural unfairness at the Committee stage can compromise the process,” wrote Jenkins.
“However, the Act permits Council to choose the process as it did.”
The reprimand came following a complaint about complications following a surgery. The court heard Swart had performed more than 1,000 similar surgeries without complaint. Jenkins wrote the college lacked evidence to back its conclusions, with no transcripts of hearings, or cross-examination of witnesses.
Jenkins also noted that in 2009 legislation was passed that would have solved these problems, requiring full procedural fairness. The legislation received Royal assent, but was never proclaimed.
Jane Ledwell, executive director of the P.E.I. Advisory Council on the Status of Women, said the problems need to be addressed.
"It's incredibly important to make sure that people know that they have a right to make a complaint, and to have some degree of confidence that there'll be a positive result, where they will feel heard, where there'll be appropriate discipline," said Ledwell.
In an email Wednesday to CBC News a spokesperson for the Health Department said government still hasn't decided whether to enact the 2009 bill, or regulate doctors under a completely different piece of legislation.
No one with the College of Physicians and Surgeons was available for comment Wednesday.