Patients speak out about doctors accused of sexual impropriety still being allowed to practice

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Doctor Rafid Al-Nassar, a local family physician is facing a charge of voyeurism and some residents in New Glasgow, N.S. are speaking out about whether they'd ever go to him as patients. 

"I don't think I would trust him," says local resident Megan Clarke, but other residents are standing behind him, saying he's a good doctor. 

He is accused of secretly planting a video camera in the women's staff washroom at his clinic.

The College of Physicians and Surgeons in the province temporarily suspended the doctor's licence when charges were laid, but has since ruled he's allowed to practice again with some restrictions; he must have a chaperone present while treating patients and he must post a sign warning patients he needs supervision, in both his waiting area and examination rooms.

"We take these matters really, really seriously. And the nature of the criminal charges are alarming and disturbing," the College's registrar and CEO Dr. Gus Grant says. 

"They're only charges...The College does not have the legislative authority to have a zero tolerance approach to simply to accusations that have not been proven or founded."

He says after learning of these charges, a committee formed immediately and Dr. Al-Nassar was suspended.

None of the allegations against Dr. Al-Nassar has been proven in court.

Disciplining doctors is a controversial subject, right across the country. Ontario has seen a number of cases of doctors accused of sexual abuse, who have been allowed to keep practicing — albeit often after a period of suspension, and with conditions put in place.

In 2010, Temerra Dixon went to a walk-in clinic with an earache and some congestion. She was seen by Dr. Javad Peirovy, and she says while he was examining her, he asked her to remove her shirt.  

Dixon says what he did next shocked her.

"He took the stethoscope between his thumb and second and third finger and he placed it over my breast and while he was doing this, it was sort of under my bra, he cupped the top part of my breast and with his pinky finger and his finger before that he put pressure on my nipple," Dixon tells The Current's host Anna Maria Tremonti.

"He did that and then proceeded to do it on the opposite breast as well." 

Dixon says at this point she froze completely.

"The alarm bells were going off in my head. I knew something was wrong but I didn't know how to react," Dixon recalls.

"I had sort of an inner dialogue going on at the time which is basically saying, 'You've got to get out of here ... This is wrong. You need to leave."

The doctor was criminally convicted in 2013 of simple assault in relation to behaviour with two of his patients. After complaints were reported, the College of Physicians and Surgeons of Ontario had first placed conditions on his license in 2011, restricting his interaction with female patients.  

And in 2015, the College's Discipline Committee found that he had sexually abused four patients — including Dixon. The College attempted to revoke his licence. However, the Discipline Committee deemed him a low risk to re-offend and recommended a six month suspension of his license allowing him to continue to practice with conditions.

The College of Physicians and Surgeons is appealing the decision of its own Discipline Committee, arguing that the appropriate penalty is a revocation of his licence. 

Dixon tells Tremonti her experience with this doctor has made her more cautious and wary of people.

"Anybody who is sort of in a position of not necessarily power, but trust, I always have this second thought about them and that follows with me throughout life," she says.

Ontario Health Minister Eric Hoskins has introduced a new bill proposing changes to how Ontario disciplines its doctors.

Dixon hopes that this will be an opportunity to overhaul the disciplinary process of doctors in the province. 

"Things aren't working properly, it's broken."

The College of Physicians and Surgeons of Ontario would not comment for this story because the case is being appealed but they stress they take sexual abuse cases very seriously, and are asking for Dr. Peirovy's licence to be revoked. 

The Current requested an interview with Dr. Al-Nassar and he did not get back to us. We also requested an interview with Dr. Peirovy but he did not agree to speak with us.  

Listen to the full segment at the top of this web post — including a doctor who says the doctor disciplinary process doesn't go far enough.

This segment was produced by The Current's Willow Smith, Steph Kampf and Halifax network producer Mary-Catherine McIntosh.