Committee: Ontario Physicians and Surgeons Discipline Tribunal
Decision Date: 10 Jul 2023
Summary:
Committee: Discipline
Decision Date: 30 Apr 2019
Summary:
On April 30, 2019, on the basis of a Statement of Uncontested Facts and Plea of No Contest, the Discipline Committee found that Dr. Bassam Mohamed Khalil Darwish El-Tatari committed an act of professional misconduct, in that he has engaged in an act or omission relevant to the practice of medicine that, having regard to all circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
STATEMENT OF UNCONTESTED FACTS AND PLEA OF NO CONTEST
Dr. El-Tatari is a 46-year-old family physician who has held a certificate of independent practice with the College of Physicians and Surgeons of Ontario since 2010. At all material times, Dr. El- Tatari practised at a walk-in clinic and at his own office in Windsor, Ontario.
Patient A
Dr. El-Tatari was Patient A’s family physician from 2011 to 2014.On a number of occasions, Dr. El-Tatari hugged Patient A before and after her appointments. The hugs made Patient A feel nervous and uncomfortable.
During one appointment, Patient A complained of a pimple on her labia. Without adequate explanation to Patient A, Dr. El-Tatari examined and palpated the pimple on Patient A’s labia. This caused Patient A discomfort and upset.
Patient B
Patient B was a patient of Dr. El-Tatari’s from 2013 to 2014. On a number of occasions, Dr. El- Tatari hugged Patient B at the end of her appointments. On one occasion, following a clinically indicated breast examination, Dr. El-Tatari hugged Patient B, and told her that she was his “favourite patient.” Dr. El-Tatari’s conduct made Patient B feel awkward and uncomfortable.
Dr. El-Tatari performed breast examinations on Patient B. Dr. El-Tatari found the examinations difficult due to Patient B’s breast implants. Dr. El-Tatari did not provide an adequate explanation of the nature and purpose of the extended examinations. As a result, Patient B was left feeling concerned and upset about the length of those examinations.
Patient C
Patient C was a patient of Dr. El-Tatari from 2011 to 2015. At the end of some medical appointments with Dr. El-Tatari, Dr. El-Tatari hugged Patient C. Dr. El-Tatari told Patient C that she was “one of his special ones.” During one appointment, Dr. El-Tatari hugged Patient C while she was wearing an examination gown. While hugging patient C, Dr. El-Tatari asked her if she liked being hugged. He touched her face with his hand. Dr. El-Tatari’s conduct made Patient C uncomfortable. Patient C made a follow up appointment, but never returned to see Dr. El-Tatari after this appointment.
Patient D
Patient D was a walk-in patient of Dr. El-Tatari in 2014. During an early appointment, Dr. El- Tatari hugged Patient D after she told Dr. El-Tatari that she had a miscarriage. This made Patient D feel awkward. During some appointments, Dr. El-Tatari touched her face with his hand, which made her feel uncomfortable.
Patient E
Patient E was a patient of Dr. El-Tatari in 2014. During one appointment, Dr. El-Tatari conducted a clinically indicated pelvic examination on Patient E. During the examination, without an adequate explanation to Patient E, Dr. El-Tatari asked Patient E to squeeze his finger and commented about the strength of her vaginal muscles. Dr. El-Tatari did not explain to Patient E the purpose of this part of the examination or the reason for his comment.
On another occasion, Dr. El-Tatari also touched her face with his hand, and told her he does that to all his favourite patients. Dr. El-Tatari’s conduct made Patient E uncomfortable.
Patient F
Patient F was a patient of Dr. El-Tatari from 2012 to 2013. During his appointments with Patient F, Dr. El-Tatari regularly hugged Patient F, and told her she was his “favourite patient.” During one appointment in or about July 2013, Dr. El-Tatari kissed Patient F on the cheek and, while hugging her, asked Patient F what she would like him to do. Dr. El-Tatari’s conduct made Patient F uncomfortable. Patient F stopped seeing Dr. El-Tatari after this appointment.
Patient G
Patient G was a patient of Dr. El-Tatari from 2011 to 2013. At the end of appointments with Patient G, Dr. El-Tatari regularly hugged Patient G. Patient G found the hugs “weird.” On one occasion, Dr. El-Tatari commented to Patient G’s boyfriend that he loved Patient G and that Patient G was “like a sister” to him. Patient G found the comment unprofessional.
Patient H
Patient H was a patient of Dr. El-Tatari in 2011 and 2012. On one occasion, during a clinically indicated pelvic examination, while checking her pelvic tone, Dr. El-Tatari commented on the tightness of her pelvic tone. Dr. El-Tatari did not provide an adequate explanation to Patient H as to the reasons for this comment. Patient H felt shocked and upset by the comment.
Dr. El-Tatari pleads no contest to the facts as set out above and does not contest that the conduct described constitutes acts or omissions relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonorable or unprofessional.
DISPOSITION
The Discipline Committee ordered that:
- Dr. El-Tatari attend before the panel to be reprimanded.
- The Registrar suspend Dr. El-Tatari’s certificate of registration for a period of five (5) months, commencing from May 1, 2019 at 12:01 a.m.
The Registrar place the following terms, conditions and limitations on Dr. El-Tatari’s certificate of registration:
(i) Dr. El-Tatari shall comply with the College Policy #2-07 “Practice Management Considerations for Physicians Who Cease to Practise, Take an Extended Leave of Absence or Close Their Practice Due to Relocation”, a copy of which is attached at Schedule “A” to this Order;
(ii) Dr. El-Tatari shall not engage in any professional encounters of any kind, in person or otherwise, with patients, unless the patient encounter takes place in the presence of a College-approved monitor;
(iii) Dr. El-Tatari shall post a sign in each of his examination and consultations rooms that states: “Dr. Bassam Mohamed Khalil Darwish El-Tatari must not have professional encounters, in person or otherwise, with patients, unless in the continuous presence of and under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. El-Tatari must not be alone with patients in any examination or consulting room. Further information may be found on the College website at www.cpso.on.ca;” and
(iv) Dr. El-Tatari shall successfully complete the Understanding Boundaries and Managing the Risks Inherent in Doctor-Patient Relationships course offered by the University of Western Ontario at his own expense, with a report or reports to be provided by the provider to the College regarding Dr. El-Tatari’s progress and compliance. Dr. El-Tatari will complete this requirement within 6 months of the date of this Order or, if it is not possible to do so within 6 months, at the first available Boundaries course for which Dr. El-Tatari is eligible.
- Dr. El-Tatari pay costs to the College in the amount of $6,000.00 within 30 days of the date of this Order.
Dr. El-Tatari waived his right to an appeal under subsection 70(1) of the Code and the Committee administered the public reprimand.