Committee: Discipline
Decision Date: 10 Feb 2014
Summary:
On February 10, 2014, the Discipline Committee found that Dr. Stanley Bo-Shui Chung committed acts of professional misconduct in that he failed to maintain the standard of practice of the profession, and that he engaged 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, with respect to Ms A.
Ms A was a regular patient of Dr. Chung from 1987 to 1991. Dr. Chung failed to maintain the standard of practice by performing vaginal examinations repeatedly at a time when she was virginal, and by repeated unnecessary rectovaginal examinations. He performed intimate examinations that were not clinically indicated. The Committee also found this conduct unprofessional. Further, conducting frequent, unnecessary intimate examinations displayed thoughtlessness, disrespect and a lack of sensitivity. It was also unprofessional not to ensure that the drape available to the patient was appropriately used and to assist her on one occasion with her bra and on one other occasion with her underwear.
The Committee also found that Dr. Chung committed acts of professional misconduct in that he failed to maintain the standard of practice of the profession, and that he engaged 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, in respect of ten other patients.
Patient 3
Dr. Chung failed to maintain the standard of practice by conducting repeat vaginal examinations at a time when this patient was virginal and not experiencing any significant gynaecological problems. This pattern of care was carried out without sensitivity to the intimate nature of the examinations. The Committee found this approach to be unreasonable, offensive, overzealous and not in the interest of the patient. The Committee also found this to be unprofessional conduct.
Patients 4, 8, 16 and 18
Dr. Chung failed to maintain the standard of practice by conducting excessive vaginal examinations on these patients in early pregnancy. Conducting repeat vaginal examination to assess fetal growth is not the standard of practice of the profession. The Committee also found this, and Dr. Chung's insensitivity, thoughtlessness and disrespect in performing this number of vaginal examinations when these patients were in early pregnancy and extraordinarily vulnerable, to be unprofessional conduct.
Patient 9
Dr. Chung failed to maintain the standard of practice by conducting more pelvic examinations than justified in the first trimester of pregnancy and by performing excessive rectovaginal examinations with respect to this patient. The Committee also found this, and Dr. Chung's insensitivity and thoughtlessness in performing unnecessary examinations, to be unprofessional conduct.
Patients 10 and 14
Dr. Chung failed to maintain the standard of practice by performing unnecessary vaginal examinations during the first trimester of pregnancy and by attempting to do unnecessary vaginal examinations when these patients were virginal. The Committee also found this to be unprofessional conduct. In performing examinations of no value, Dr. Chung demonstrated an insensitivity, thoughtlessness and disrespect. Regarding Patient 10, it was not appropriate to attempt a vaginal examination at the mother's request.
Patient 17
Dr. Chung failed to maintain the standard of practice by repeatedly attempting vaginal examinations on this virginal patient. The Committee was shocked by the number of attempts to do a vaginal examination on this young woman who was not sexually active, virginal and was developmentally challenged. To repeatedly respond to requests from a parent to assure virginity is unsupportable. In acting in this matter, Dr. Chung displayed disrespect and insensitivity.
Patient 19
Dr. Chung failed to maintain the standard of practice by conducting an unjustified vaginal examination of a virginal patient, by repeated unnecessary rectovaginal examinations, and more vaginal examinations than necessary in the first trimester of pregnancy. The Committee also found this to be unprofessional conduct. Dr. Chung's unthinking and mechanical behaviour displayed an insensitivity and neglect of the patient's dignity that on its own would support a finding of unprofessional conduct.
On June 13, 2014, the Discipline Committee ordered and directed that:
1. Dr. Chung appear before the panel to be reprimanded.
2. Dr. Chung pay costs to the College in the amount of $4,460.00 within thirty (30) days from the date of this Order.
The Committee took into account that Dr. Chung has resigned from the College, no longer holds a Certificate of Registration and has signed an undertaking with the College never to reapply in this or any other jurisdiction. This is a greater sanction than the Committee itself has jurisdiction to order. Accordingly the Committee is satisfied that Dr. Stanley Bo-Shui Chung will never again be in a position to provide medical care to patients.