Committee: Discipline
Decision Date: 18 Mar 2014
Summary:
On March 18, 2014, the Discipline Committee found that Dr. Austin committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession in his care and treatment of four patients in 2005 and 2006. Dr. Austin admitted the allegations.
Dr. Austin practised obstetrics and gynaecology. In April 2007, Dr. Austin agreed to terms, conditions and limitations on his certificate of registration that restricted his obstetrical practice to office pre-natal care only, and required that his major gynaecological surgery and elective caesarean sections only be performed in the presence of another obstetrician/gynaecologist.
These terms were to remain in effect until May 26, 2007, after which he would cease such surgery completely and would independently perform only minor gynaecological surgery. In 2008, Dr. Austin resigned his membership with the College.
An independent expert retained by the College opined that Dr. Austin failed to maintain the standard of practice as follows:
In relation to Patient A, in 2005, in performing a laparoscopic procedure due to inappropriate patient selection. He displayed a lack of judgment in choosing to perform a laparoscopy for lysis of adhesions in a patient with numerous laparotomies and known adhesions.
He also failed to take into account, discuss and/or document the specific risk factors for complications that this patient had, including a failure to make full disclosure and/or document full disclosure following the patient's complication from surgery.
In relation to Patient B, in 2005, by not fully assessing the risk of malignancy of a simple ovarian cyst in a postmenopausal woman. He also did not clearly consider and/or document the risk of operative intervention as compared with conservative management.
In relation to Patient C, in 2006, in that he failed to adequately document his assessment of Patient C and failed to adequately document a description of the surgery he performed.
In relation to Patient D, in 2005, in that he did not comply with the College's Policy on Disclosure of Harm when he did not advise Patient D about a bowel perforation promptly after gynecological surgery, tell her how the complication was managed and advise her of any possible future consequences that might arise as a result of the complication.
The Committee ordered and directed that:
the Registrar revoke Dr. Austin's certificate of registration, effective immediately.
Dr. Austin appear before the panel to be reprimanded.
Dr. Austin pay to the College costs in the amount of $4,460.00, within 30 days of the date of this Order.