Committee: Discipline
Decision Date: 12 Mar 2020
Summary:
On March 12, 2020, the Discipline Committee of the College of Physicians and Surgeons of Ontario released its decision on finding that Dr. Attallah committed an act of professional misconduct, in that he engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. The Committee found that:
• Dr. Attallah improperly collected the health card numbers of family members who were at his office solely to accompany their relatives who were his patients.
• Dr. Attallah used those health card numbers to improperly bill OHIP for interviews that he knew would not be paid for if he billed them, as he should, to the patients’ health card numbers.
• Dr. Attallah billed OHIP using patients’ and family members’ health card numbers for services that he did not provide or he spent insufficient time providing time-based services to justify the claims he made.
• Dr. Attallah created false or inaccurate charts to justify his claims to OHIP, including charts for family members who were not his patients.
On September 10, 2020, the Committee released its decision on penalty and costs. The Committee ordered and directed:
1. The Registrar is directed to revoke Dr. Attallah’s certificate of registration effective immediately.
2. Dr. Attallah is to attend before the panel to be reprimanded.
3. Dr. Attallah is to pay costs to the College in the amount of $124,440 within 6 months of the date of this Order.
On May 25, 2021, the Superior Court of Justice (Divisional Court) released its decision dismissing Dr. Attallah’s appeal from the decisions of the Discipline Committee dated March 12, 2020 (finding) and September 10, 2020 (penalty). The penalty order which the Committee issued on September 10, 2020 takes effect from 12.01 a.m. on May 26, 2021.
On June 9, 2021, Dr. Attallah sought leave to appeal the Divisional Court’s decision to the Court of Appeal for Ontario. On November 10, 2021, the Court of Appeal dismissed the application for leave to appeal.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 2021-05-25
Hearing Date(s): Hearing: Sep 4-6, Nov 4-6, Dec 18, 2019
Penalty Hearing: June 22 & 23, 2020