Committee: Discipline
Decision Date: 01 May 2018
Summary:
On May 1, 2018, the Discipline Committee found that Dr. Peter Diarmuid Davison committed an act of professional misconduct, in that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all of the circumstances, would reasonably be regarded by members as unprofessional.
Dr. Davison is a family physician practising in Ottawa. He received his certificate of registration authorizing independent practice from the College of Physicians and Surgeons of Ontario in 1975.
Patient A
Patient A, a man in his 90s, has been a patient of Dr. Davison since mid-1990s. Dr. Davison has followed Patient A for his general primary care needs, including with respect to hypertension, osteoarthritis, coronary artery disease, B12injections, respiratory concerns, situational mood issues related to the passing of his family member and ongoing sleep issues.
In 2015, a general evaluation was conducted of Patient A at the Hospital by a geriatric nurse. The outcome of the evaluation was “suspected dementia” and “probable mixed mild dementia”. Following this, Dr. Davison completed an assessment for Patient A in support of his application for admission into a long-term care home and completed an Ontario Pharmacist Association Notification Form in April 2016, which was provided in support of a more frequent medication dispensing interval for Patient A. Dr. Davison described that Patient A “forgets to take his medications” and is late for refills “up to 1 month sometimes”.
In July of 2016, Dr. Davison was experiencing acute financial difficulties, both of a professional and personal nature, including with respect to paying office rent. He turned to a close friend for help, who was unable to provide him with financial assistance. He petitioned his office landlord to come to a workable solution and the landlord partially agreed, but some funds were still needed in order to get back into the office. Given his age and stage of career, he was also deeply embarrassed by the circumstances. Aside from his wife and close friend, he did not share details of his financial difficulties with other family members, including his children, nor did he seek support from additional friends or family.
Dr. Davison visited Patient A at his condominium, where he lives alone, and requested financial assistance from Patient A. No-one besides Dr. Davison and Patient A was present for this discussion. Patient A agreed and provided a cheque for $10,000 to Dr. Davison. Dr. Davison indicated he would return the money once he was in a position to do so and cashed Patient A’s cheque on July 28, 2016. In August 2016, Dr. Davison attended at Patient A’s condominium again to advise that he was not yet in a position to return the money. He expected to receive a payment from OHIP in mid-August which had not yet arrived as expected. No-one besides Dr. Davison and Patient A was present for this discussion.
The College received a complaint about Dr. Davison on September 1, 2016 from a close friend of Patient A, Ms. B. Dr. Davison was verbally notified of the complaint on September 12, 2016 and in writing on September 19, 2016. On September 20, 2016 Dr. Davison received a payment from OHIP. That same day, Dr. Davison provided a cheque, dated September 20, 2016 to Patient A in the amount of $10,000, together with a thank you card. The cheque was cashed on September 22, 2016.
In November of 2016 College Investigator spoke with Patient A, who indicated that Dr. Davison had repaid him and that he had deposited the cheque. When the Investigator requested confirmation that the cheque was deposited, Patient A responded that as far as he was concerned the matter was closed.
In his response to the College, dated October 31, 2016, Dr. Davison indicated that the decision to approach Patient A was made while he was under a considerable amount of stress, which he acknowledged and understood was misguided. While he believed at the time that he and Patient A were on equal footing and that Patient A was not a vulnerable person, he appreciated that he put Patient A in a difficult position and he apologized to Patient A.
The College commenced investigation on March 12, 2017. Dr. Davison cooperated with the College’s investigation. He has no prior history of any discipline proceeding.
Disposition
On May 1, 2018, the Committee ordered and directed that:
The Registrar suspend Dr. Davison’s certificate of registration for a three month period, to commence at 12:01 a.m. on May 2, 2018.
- The Registrar impose the following term, condition and limitation on Dr. Davison’s
- Certificate of Registration: Dr. Davison will successfully complete one on one instructions in medical ethics with an instructor approved by the College, at his own expense, within six months of the date of this Order, and shall provide proof of completion to the College.
- Dr. Davison appear before the panel to be reprimanded.
- Dr. Davison pay to the College its costs of this proceeding in the amount of $5,500 within thirty (30) days from the date of this Order.