Doctor's certificate revoked after patient sexual abuse, road rage and insults

In 2012, the College of Physicians Surgeons of Ontario revoked the certificate of a doctor after finding multiple acts of professional misconduct between 2004 and 2006, including sexually abusing a patient, punching a woman in the face during a "road rage" incident, and insulting a patient and her family.

The college revoked the registration of Dr. Charles Nicholas Rathé, a family physician who used to practise in Belle River, Ont., near Windsor. But it wasn't the first time Rathé had been in trouble with authorities.

In 2006, a discipline committee found Rathé "had been rude, derogatory and emotionally abusive to some of his patients."

The panel also found his behaviour towards college staff had been "rude and abusive."

"Despite the complaints about him, there was never any question about Dr. Rathé's ability as a clinician and no harm appears to have come to patients as a result of his practice," the committee wrote.

The discipline committee accepted that Rathé had a diagnosis, which included an impulse control disorder as well as past abuse of opiates and benzodiazepine.

He was assessed a $5,000 fine and six-month suspension, with the suspension to be reduced if he attended an anger-management program.

The penalty decision said the fine highlighted "the importance of being compliant with requirements of the college if it is to function as a self-governing body charged with protection of the public."

However, Rathé appealed the committee's decision. As a result, the committee's six-month suspension was stayed pending the outcome of the appeal.  Four years later – in  2010 – a court ordered Rathé's appeal be dismissed based on the consent of the parties.

Meanwhile, in 2009, Rathé was in front of the college again to address more allegations.

In 2007, he had been convicted of criminal assault in a 2004 incident described as "road rage". A court found he punched a woman in the face.

The discipline committee found that this amounted to conduct unbecoming a physician.

The panel also found Rathé had sexually abused a woman who became his patient in June 2005,  and the abuse included sexual intercourse.

A 25-year-old single mother had testified at the discipline hearing that while she was a patient of Rathé she had sex with him, sometimes at a hotel in Windsor during his lunch break and sometimes at his house. Rathé denied the allegations.

"Dr. Rathé prescribed opiates for (the patient) to which she became addicted. Within a few months of becoming his patient, she entered into a romantic relationship with him, which included regular sexual intercourse. Dr. Rathé told her at the time that he was separated from his wife. Eventually Dr. Rathé told her that he was going back to his wife, but offered to maintain a relationship with her 'on the side,'" the decision said.

When the patient objected, Rathé stopped prescribing opiates for her and she experienced episodes of withdrawal, the decision said.

The Ontario college defines sexual abuse as: "sexual intercourse or other forms of physical sexual relations between the member and the patient; touching, of a sexual nature, of the patient by the member, or, behaviour or remarks of a sexual nature by the member towards the patient."

Along with revoking Rathé's registration, the discipline committee ordered him to pay costs of $23,725 to the college and $16,060 toward counselling for the patient. Rathé's certificate of registration had previously expired in 2010 for failure to renew.

The college submitted Rathé had a "longstanding pattern of unacceptable conduct," including "rude and abusive behaviour towards his patients, difficulties with anger control, dishonesty, failure to take responsibility for his actions and lack of respect for the authority of the college."

Ultimately the college argued he was "ungovernable."

The committee determined Rathé's behaviour did not change over many years, despite repeated sanctions and opportunities for remediation.

Rathé appealed both the decision and the penalty, but a court dismissed his appeal.

He also had a certificate to practice in California and in 2012, the Medical Board of California revoked his certificate based on the Ontario action.

Rathé could not be reached for comment.