2 patients accuse Regina doctor of sexual touching, College of Physicians lays unprofessional conduct charges

A doctor in Regina is facing a second charge of unprofessional conduct after it's alleged he touched a patient's genitals without reason during an examination where she was on "all fours."

The charge comes after a recent increase of complaints against doctors in the province, which two professionals in the field believe could be linked to the #MeToo movement. 

Dr. Sylvester Ukabam is listed as a specialist in gastroenterology, according to the Saskatchewan College of Physicians and Surgeons. 

Reached twice by phone this week, a spokesperson at Ukabam's office said the doctor declined to comment. 

Bryan Salte, legal counsel for the regulatory body, said the charges against the doctor are very serious. He confirmed two patients have come forward with allegations. 

"In both of these cases the conclusion was that there was evidence to justify a charge of unprofessional conduct and I anticipate that there will have to be a hearing to determine what actually happened," said Salte.

Is there anybody who has more opportunity to abuse somebody than a doctor?- Dr. Gail Robinson

The first allegation stems from an examination in April 2017, while the second — formally filed last week— deals with an incident in June 2014. 

Both cases have similarities — female patients were told to change into gowns and during an examination Ukabam allegedly inserted a finger into their vagina without a medical reason to do so.

Patients could be at risk: expert

According to the charges, the second of the two patients "was positioned on an examination table in an 'all fours' position with her buttocks in the air," and Ukabam put a finger in her vagina "without consent."

Until a hearing happens, Ukabam remains at work, which a psychiatrist and University of Toronto professor says could put patients at risk. 

"Is there anybody who has more opportunity to abuse somebody than a doctor, who is allowed to examine patients, who when the doctor says, 'Take your clothes off,' the patient does it?" said Dr. Gail Robinson, who has worked on task forces about the sexual abuse of patients in Ontario. 

Do chaperones work?

She suggested the college should suspend the doctor or expedite his hearing.

Salte said courts indicate there is an extremely high burden of proof needed to warrant a physician's suspension and it's only available in cases when there is no other way to protect the public.

He said in Ukabam's case, there is an agreement in place that he will not see female patients without a chaperone present. 

"No physician would engage in inappropriate examinations of the kind that are alleged in the charge if there's a chaperone present who has an obligation to report to the college if there's anything inappropriately done," said Salte. 

However, Robinson called that kind of oversight a "fallacy" and said it's been found not to work. 

"There's still a power differential between the doctor and that person," she said.

"Where is that person told to sit? Are they standing looking over the doctor's shoulder? Does the patient feel any more comfortable … saying something if something doesn't feel right? This is fallacy that that kind of overseeing works."

Impact of #MeToo

Salte said in Ukabam's case, the chaperone is a person of his choosing and most commonly, it is an employee. 

Last year, the college noted in its annual report there was an increase in complaints lodged against doctors, with "a significant  number of complaints to the college alleging boundary breaches by physicians."

In 2017, the college investigated 61 complaints against doctors — ​the most in seven years. Twelve of those were about boundary violations.

Salte can't say for certain what is behind the increase, but believes there is a connection to the #MeToo movement. 

He said the uptick its likely because there are more complaints being made rather than more incidents of inappropriate behaviour taking place. 

Still, Salte said the college has provided medical students in the province with more information on boundaries and plans to make any new applicants have to complete a module on boundaries. As well, they intend to have a educational sessions for doctors in January

Robinson, who also suggests the increase in complaints could be a part of the #MeToo era, is pleased more is being reported because patients who are subjected to sexual abuse or inappropriate conduct can feel embarrassed or ashamed. 

"The fact is that these things that are often kept silent."

Guilty doctors

A CBC News analysis looking at the period from 1999 to 2018 found at least 20 doctors in Saskatchewan have been found guilty of, or pleaded guilty to, charges related to breaching a patient's boundaries. Charges included:

• Having sex with patients.
• Remaining in a room while a patient undressed.
• Making sexual comments to patients.
• Massaging a patient without consent.
• Kissing a patient.
• Touching a patient's breasts.

As of September 2018, four Saskatchewan doctors, including Dr. Sylvester Ukabam, are facing professional charges related to boundary issues and unnecessarily touching of patients. 

How to search your doctor's history

You can check your doctor's history by visiting the Saskatchewan College of Physicians and Surgeons's website and entering their name under 'Physician Search' on the top left corner of the page. 

You can search a physician's discipline history and qualifications.