Committee: Discipline
Decision Date: 08 Oct 2019
Summary:
On October 8, 2019, on the basis of uncontested facts and a plea of no contest, the Discipline Committee found that Dr. Brian Christopher Thicke committed an act of professional misconduct in that: he engaged in professional misconduct by engaging in conduct or 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.
Dr. Thicke is a ninety (90) year old physician who practiced family medicine. He received his certificate of registration in 1956.
Between approximately 1965 and 2018, Dr. Thicke practiced at Peel Village Medical located at 28 Rambler Drive in Brampton (“Peel Village Medical”). In addition to his family medicine practice, Dr. Thicke was a designated Civil Aviation Medical Examiner. He conducted civil aviation medical examinations for pilots and medical examinations for flight attendants. Between 1965 and 2018, Dr. Thicke held hospital privileges at William Osler Health System.
On January 23, 2018, Dr. Thicke entered into an undertaking in lieu of an Order under s.25.4 of the Health Professions Procedural Code to have a practice monitor present for all patient encounters. Dr. Thicke did not obtain a practice monitor and ceased practicing. His certificate of registration expired on August 16, 2018.
DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT
Patient A
In the 1990s, Patient A was in the process of obtaining a private pilot’s licence and was required to undergo a civil aviation medical examination. She saw Dr. Thicke for a civil aviation medical examination at Peel Village Medical on June 28, 1993. She was in her mid-twenties at the time.
At the end of the June 28, 1993, examination, Dr. Thicke told Patient A to get back on the examination table as he wanted to conduct a breast examination. Patient A was surprised and asked why a breast examination was necessary in the context of a civil aviation medical. Dr. Thicke asked Patient A whether she was questioning his judgment. Dr. Thicke then conducted a breast examination on Patient A.
Prior to conducting the breast examination, Dr. Thicke failed to:
- Explain to Patient A the rationale for the exam and what the exam would involve;
- Obtain Patient A’s informed consent before proceeding with the exam;
- Provide Patient A with privacy to undress; and
- Provide Patient A with proper draping or a gown.
Dr. Thicke’s conduct had a long-lasting impact on Patient A and she continues to feel extremely distressed.
Patient B
In the late 1990s, Patient B was in the process of obtaining employment as a flight attendant with an airline. She was twenty-two (22) years old at the time. The airline required her to undergo a medical examination to complete the hiring process. It referred Patient B to Dr. Thicke. Patient B saw Dr. Thicke at his office at Peel Village Medical on one occasion in the late 1990s for the medical examination. During the appointment, Dr. Thicke used unprofessional and inappropriate language by telling her he needed to check her “boobs”.
Prior to conducting the breast examination, Dr. Thicke failed to:
- Explain to Patient B the rationale for the exam and what the exam would involve;
- Obtain Patient B’s informed consent before proceeding with the exam; and
- Provide Patient B with proper draping or a gown.
As a result of Dr. Thicke’s conduct, Patient B felt that the examination was “weird”. The airline is now defunct. Records indicating the specific date of Patient B’s appointment with Dr. Thicke are not available.
Patient C
In the 1980s, Dr. Thicke conducted life insurance medical assessments for Sun Life Insurance. Patient C was twenty-seven (27) years old and was in the process of obtaining life insurance. The insurance company referred Patient C to Dr. Thicke for the medical assessment.
Patient C saw Dr. Thicke in June 1983 at his office at Peel Village Medical. At the beginning of the appointment, Dr. Thicke asked Patient C to remove all of her clothing, including her bra, leaving on only her underwear. Dr. Thicke left the examination room and returned once Patient C was undressed. Patient C felt embarrassed and uncomfortable as she was not provided with any draping or a gown to cover herself, leaving her breasts fully exposed.
Prior to conducting the breast examination, Dr. Thicke failed to:
- Explain to Patient C the rationale for the exam and what the exam would involve;
- Obtain Patient C’s informed consent before proceeding with the exam; and
- Provide Patient C with proper draping or a gown.
As a result of Dr. Thicke’s conduct, Patient C left the appointment feeling very upset.
Patient D
Dr. Thicke was Patient D’s family physician between approximately 1966 and 1992. Patient D attended medical appointments at Dr. Thicke’s office at Peel Village Medical.
Beginning in her teenage years, Patient D saw Dr. Thicke for physical examinations which included several breast examinations and internal examinations. On these occasions, Patient D undressed completely and wore a gown tying at the back. Prior to each breast examination, without providing any warning or explanation, Dr. Thicke pulled down Patient D’s gown from the front off her shoulders, exposing her breasts. Patient D felt exposed and uncomfortable.
Prior to conducting the breast examinations, Dr. Thicke failed to:
- Explain to Patient D the rationale for the exam and what the exam would involve; and
- Obtain Patient D’s informed consent before proceeding with the exam.
At one appointment, date unknown, when Patient D was approximately 15 or 16 years old, Dr. Thicke failed to show appropriate sensitivity while he was conducting a Pap test and commented, “aren’t you a healthy looking young lady”. Patient D was a young teenager and this was her first Pap test. Patient D was disturbed by the comment. As a result of Dr. Thicke’s conduct, Patient D felt upset and uncomfortable.
Patient E
In approximately 1996, Patient E was in the process of obtaining employment as a flight attendant with an airline. She was in her twenties at the time. The airline required her to undergo a medical examination to complete the hiring process. It referred Patient E to Dr. Thicke. Patient E saw Dr. Thicke on one occasion at Peel Village Medical for the examination.
During the medical appointment, Dr. Thicke asked Patient E to remove her shirt. She remained in her bra and pants. Dr. Thicke remained in the room while Patient E undressed and did not provide her privacy. He did not offer Patient E a gown or drape.
Dr. Thicke conducted a breast examination on Patient E. Prior to conducting the breast examination, Dr. Thicke failed to:
- Advise Patient E that he was going to conduct a breast examination;
- Explain to Patient E the rationale for the exam and what the exam would involve;
- Obtain Patient E’s informed consent before proceeding;
- Provide Patient E with privacy to undress; and
- Provide Patient E with proper draping or a gown.
As a result of Dr. Thicke’s conduct, Patient E felt confused and upset. The airline is now defunct. Records indicating the specific date of Patient E’s appointment with Dr. Thicke are not available.
Patient F
Patient F was a patient of Dr. Thicke between approximately 1965 to 1980. She saw Dr. Thicke at his office at Peel Village Medical.
When Patient F was approximately eighteen (18) or nineteen (19) years old, she attended an appointment with Dr. Thicke to obtain a birth control prescription. At this appointment, Dr. Thicke conducted a physical examination of Patient F which included a breast exam and internal exam. This was Patient F’s first physical examination. Dr. Thicke told Patient F to undress completely and put on a gown. He did not provide her privacy to undress and Patient F felt exposed and uncomfortable.
During the appointment, Dr. Thicke used unprofessional and inappropriate language with Patient F by telling her that he was first going to examine her “boobies”. Dr. Thicke then conducted a breast examination on Patient F.
Prior to conducting the breast examination, Dr. Thicke failed to:
- Explain to Patient F the rationale for the exam and what the exam would involve; and
- Obtain Patient F’s informed consent before proceeding with the exam.
Prior to conducting the internal examination, Dr. Thicke failed to:
- Explain to Patient F the rationale for the exam and what the exam would involve; and
- Obtain Patient F’s informed consent before proceeding with the exam.
At the end of the appointment, Dr. Thicke provided Patient F a prescription for birth control and made an unprofessional and inappropriate comment stating that the prescription was not a “licence for promiscuity”. As a result of Dr. Thicke’s conduct, Patient F continues to feel embarrassed and ashamed.
Patient G
Dr. Thicke was Patient G’s family physician between approximately 1992 and 2017. Patient G attended medical appointments at Dr. Thicke’s office at Peel Village Medical.
During appointments with Patient G, Dr. Thicke made rude, inappropriate and unprofessional comments to her as follows:
- Dr. Thicke commented on Patient G’s appearance and called her ugly; and
- Dr. Thicke made insensitive and demeaning comments about Patient G’s deceased mother and her mother’s finances.
In addition, while taking Patient G’s blood pressure, Dr. Thicke failed to take sufficient care to maintain Patient G’s privacy and spatial boundaries. As a result, on several occasions, Dr. Thicke’s hand and arm brushed against the side of Patient G’s breast. As a result of Dr. Thicke’s conduct, Patient G felt very nervous and anxious during appointments.
Patient H
In May 2005, Patient H was in the process of obtaining employment as a flight attendant with an airline. She was twenty-five (25) years old at the time. The airline required her to undergo a medical examination to complete the hiring process. Patient H was referred to Dr. Thicke by the airline. She saw Dr. Thicke on May 30, 2005 at Peel Village Medical.
During the medical appointment, Dr. Thicke told Patient H that he needed to examine her heart with a stethoscope. She sat on the examining table and unbuttoned the top two buttons of her shirt. Without providing any explanation or obtaining informed consent, Dr. Thicke unbuttoned two more buttons of Patient H shirt and displaced her shirt and bra strap. As a part of the examination, he then placed his stethoscope and hand underneath her bra strap to listen to her heart. Patient H felt Dr. Thicke’s hand on her nipple and breast. Dr. Thicke failed to show appropriate sensitivity by allowing his hand to rest on her nipple and breast without any explanation. Patient H was troubled by Dr. Thicke’s conduct.
Patient I
In the mid-1980s Patient I was a private pilot. To obtain her private pilot’s licence, she was required to undergo a civil aviation medical examination. Her flying club recommended Dr. Thicke to its members. Patient I saw Dr. Thicke on one occasion sometime in approximately 1985 at Peel Village Medical.
Dr. Thicke conducted a civil aviation medical examination of Patient I. At some point towards the end of the appointment, Dr. Thicke conducted a breast examination on Patient I. Prior to conducting the breast examination, Dr. Thicke failed to:
- Explain to Patient I the rationale for the exam and what the exam would involve; and
- Obtain Patient I’s informed consent before proceeding with the exam.
As a result of Dr. Thicke’s conduct, Patient I was shocked and upset.
Patient J
Patient J and her husband were members of a flying club and Patient J wanted to obtain a private pilot’s licence. To obtain her private pilot’s licence, she was required to undergo a civil aviation medical examination. The flying club recommended Dr. Thicke to its members. Patient J saw Dr. Thicke on one occasion in September 1987 at Peel Village Medical for the medical examination.
She was thirty-seven (37) years old.
Dr. Thicke conducted a civil aviation medical examination of Patient J. At some point towards the end of the appointment, without any warning or explanation, Dr. Thicke displaced Patient J’s clothing and conducted a breast examination on Patient J. Patient J was not expecting a breast examination. Prior to conducting the breast examination, Dr. Thicke failed to:
- Advise Patient J that he was going to conduct the examination;
- Explain to Patient J the rationale for the exam and what the exam would involve;
- Obtain Patient J’s informed consent before proceeding; and
- Provide Patient J with proper draping or a gown.
As a result of Dr. Thicke’s conduct, Patient J felt shocked and extremely confused.
Patient K
Patient K was a patient of Dr. Thicke in approximately 1984 and 1985. Patient K attended medical appointments at Dr. Thicke’s office at Peel Village Medical.
During several medical appointments, Dr. Thicke made inappropriate and unprofessional comments about Patient K’s appearance and her figure. Patient K found these comments very odd and this made her uncomfortable. At Patient K’s last medical appointment, Dr. Thicke made an inappropriate and unprofessional comment to Patient K about the importance of getting her “boobies” checked.
As a result of Dr. Thicke’s conduct, Patient K was very upset and never returned to see Dr. Thicke again.
Complainant L
Between 1975 and 1978, Complainant L was employed as a nurse at the Peel Memorial Hospital in Brampton. She was twenty-three (23) years old. Dr. Thicke held privileges at Peel Memorial Hospital during that time. Ms. Thorpe was a colleague of Dr. Thicke and periodically saw him at the hospital.
On a date in approximately 1977, Ms. Thorpe was working a nursing shift in the hospital. She was assigned to work in the nursery and was asked to bottle-feed a baby. During her shift in the nursery, Ms. Thorpe was seated on a chair behind a partition wall with a baby in her arms, bottle-feeding the baby. She was alone in the nursery. Dr. Thicke unexpectedly approached her. Ms. Thorpe does not recall whether Dr. Thicke greeted her or whether she had any conversation with Dr. Thicke. Dr. Thicke, while standing in front of Ms. Thorpe, slid his hand into her uniform and grabbed and squeezed her left breast. He then left. Ms. Thorpe was startled and in disbelief.
She immediately reported the incident to the head nurse and subsequently to the Director of Nursing at the hospital.
Patient M
In 2004, Patient M was in the process of obtaining employment as a flight attendant with an airline. She was twenty-six (26) years old at the time. The airline required her to undergo a medical examination to complete the hiring process. Patient M was referred to Dr. Thicke by the airline. Patient M saw Dr. Thicke on one occasion in April 2004 at his office at Peel Village Medical for the examination.
At the beginning of the examination, Dr. Thicke asked Patient M to remove her shirt. Her bra and pants remained on. Dr. Thicke remained in the room while Patient M undressed. He did not provide her with privacy. He did not offer or provide Patient M with any draping or a gown.
Patient M sat on the examination table and Dr. Thicke told her he was going to check her heartbeat with a stethoscope. Without warning or explanation, Dr. Thicke moved Patient M’s bra with his hand. This resulted in Patient M feeling exposed and uncomfortable. Dr. Thicke then placed the stethoscope on Patient M’s chest to listen to her heartbeat. Patient M felt Dr. Thicke’s hand on her breast and nipple. Dr. Thicke failed to show appropriate sensitivity by allowing his hand to rest on Patient M’s breast and nipple without any explanation Dr. Thicke made an inappropriate and unprofessional comment about Patient H’s appearance by stating, “why are all of you girls from Montreal so pretty”. As a result of Dr. Thicke’s conduct, Patient H felt extremely upset.
Patient N
In 2005, Patient N was in the process of obtaining employment as a flight attendant with an airline. The airline required her to undergo a medical examination to complete the hiring process. Patient N was referred to Dr. Thicke by the airline. Patient N saw Dr. Thicke on one occasion in approximately the spring of 2005 at his office at Peel Village Medical.
During the medical appointment, Dr. Thicke conducted a breast examination. Prior to conducting the breast examination, Dr. Thicke failed to:
- Advise Patient N that he was going to conduct a breast examination;
- Explain to Patient N the rationale for the exam and what the exam would involve;
- Obtain Patient N’s informed consent before proceeding with the exam; and
- Provide Patient N with proper draping or a gown.
As a result of Dr. Thicke’s conduct, Patient N felt very confused about the breast examination.
Patient O
Dr. Thicke was Patient O’s family physician between approximately 1967 and 1987. Patient O attended medical appointments at Dr. Thicke’s office at Peel Village Medical.
On a date in approximately 1982, Patient O saw Dr. Thicke for a medical appointment. She was approximately fifteen (15) years old at the time. Months earlier, Patient O had sustained a fall that had resulted in a persistent bump on her right buttocks. Her mother was concerned that the bump was cancerous and wanted Patient O to get it examined. Patient O attended the appointment on her own.
During the appointment, Patient O told Dr. Thicke of her concerns about the bump on her buttocks. Dr. Thicke asked Patient O to lower her pants and underwear so he could examine the bump. He remained in the room when Patient O undressed and did not provide her privacy. He did not offer or provide her with any draping or a gown. While Patient O was standing, Dr. Thicke examined the bump on her buttocks and made an inappropriate and unprofessional comment about Patient O being overweight, calling her a “fat ass” and suggesting that if she lost weight the bump would probably go away.
Patient O had ongoing weight issues during that time and felt ridiculed by Dr. Thicke.
FACTS ON PENALTY by which he agreed not to apply or re-apply for registration as a physician to practise medicine in Ontario or any other jurisdiction, effective immediately.
Dr. Thicke has no prior history with the Discipline Committee.
DISPOSITION
On October 8, 2019, the Discipline Committee ordered that:
- Dr. Thicke attend before the panel to be reprimanded.
- Dr. Thicke pay costs to the College in the amount of $10,370.00 within thirty (30) days of the date of this Order.