Committee: Discipline
Decision Date: 11 Jun 2018
Summary:
On June 11, 2018, the Discipline Committee found that Dr. Roman Feigel committed an act of professional misconduct in that: he has engaged in sexual abuse of patients, and in that he has 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.
Dr. Feigel is an obstetrician and gynecologist who started practising in 1980.
Patient A
Patient A is a woman in her 50s who had been a patient of Dr. Feigel for over 20 years.
Based on the evidence and its assessment of credibility, the Discipline Committee found that when Patient A was getting ready to leave an appointment with Dr. Feigel in January 2014, at which there was no physical examination, Dr. Feigel told her that she was “sexy” while holding her hand and asked her if she was “entertaining herself” while he made an up and down motion with his hand near his hip, which indicated masturbation. The Committee found that Dr. Feigel’s remarks and accompanying gesture were remarks and behaviour of a sexual nature and constitute sexual abuse of a patient. The Committee also found this constitutes disgraceful, dishonourable or unprofessional conduct.
The Committee also found that on appointments in the two years preceding Patient A’s last appointment in January 2014, Dr. Feigel made comments to Patient A that she was “sexy” and that she had a “nice tummy or belly.” According to the clinic notes, Patient A had physical examinations at some of those appointments, but not at other appointments, during this time period. Patient A testified that when she was on the examining table during a physical examination, Dr. Feigel told her she had a "nice tummy" or "one or two comments like that." Patient A testified that Dr. Feigel said she was sexy "a few times" on appointments prior to the January 2014 appointment. It was not clear from her evidence whether or not the “sexy” comments were made during or in the context of a physical examination, or that the “sexy” and “nice tummy” comments were ever made during the same appointment. The Committee found that Dr. Feigel made the comments alleged on one or more of the prior appointments. The Committee stated that a comment that a patient is “sexy” is by definition a remark of a sexual nature, regardless of whether or not it is made during or in the context of a physical examination. Consequently, the Committee found that Dr. Feigel engaged in sexual abuse of Patient A by making a remark of a sexual nature at appointments prior to the January 2014 appointment. The Committee also found this constitutes disgraceful, dishonourable or unprofessional conduct.
With respect to the comment "nice tummy or nice belly," the fact that the comment was made during a physical examination was concerning, but without further details, the Committee was not prepared to conclude that an objective observer would find this to be a comment of a sexual nature. However, the Committee found that commenting that Patient A had a nice tummy or belly during a physical examination constitutes disgraceful, dishonourable or unprofessional conduct. The Committee accepted Patient A’s testimony that Dr. Feigel made such comments during this time period. The Committee considered whether Dr. Feigel’s comments were ill-advised attempts to make Patient A feel good or comfortable about her appearance. Even if this was the case, which was not clear, such remarks are not appropriate during clinical encounters. The Committee found that the comments “nice tummy or belly” were comments made by Dr. Feigel about Patient A’s physical attractiveness during, and with no clinical relationship to, a physical examination. The Committee found that such comments to Patient A during a physical examination at medical appointments were inappropriate and unprofessional.
Patient B
Patient B is a woman in her 50s who was referred to Dr. Feigel by her family physician because of possible polyps and for an endometrial biopsy.
Based on the evidence and its assessment of credibility, the Committee found that during Patient B’s appointment in February 2014 at which he conduct breast, abdominal and pelvic examinations:
- Dr. Feigel told her that she was beautiful and gorgeous prior to the breast examination. The Committee found that these were remarks of a sexual nature when viewed in the context of the appointment as a whole, including that they were made while Patient B was undressed and covered only by a paper sheet awaiting physical examination and just prior to intimate breast, abdominal and pelvic examinations during which other sexual remarks were made.
- Dr. Feigel remarked during a breast examination for which he pulled down the paper sheet exposing both her breasts, that she had beautiful breasts and asked if she had sensitive nipples and if she liked it when her husband sucked on them. The Committee found that these were remarks of a sexual nature as they were made about a part of her body connected to her sexuality and while her breasts were exposed and the questions to her were overtly sexual in nature;
- Dr. Feigel pulled the paper sheet down further to examine her abdomen and remarked “your navel ring is so sexy” while her abdomen and breasts were exposed and he had one hand on her abdomen and the other hand near her pubic area. The Committee found that the remarks were of a sexual nature, given the nature of the statement “so sexy” made while he was looking at her abdomen, combined with the location of his hands; and
- Dr. Feigel remarked that she had a lovely vagina, that it had a sweet smell and that it had plenty of natural lubrication just as he thought, while performing a pelvic examination. The Committee noted that these remarks were made concerning the portion of a female’s anatomy most connected to her sexuality and were made during an internal examination, while Patient B’s pubic area was completely exposed to Dr. Feigel.
The Committee did not make any finding that the touching of Patient B’s abdomen, breasts or vagina was inappropriate or not required for a clinical purpose. Rather, the fact that Dr. Feigel was looking at or touching her breasts in the first case, touching her abdomen and his other hand was near her pubic area in the second, and that he was performing a speculum examination in the third case, provide important context, which reinforced the finding that the remarks were of a sexual nature.
The Committee found that Dr. Feigel engaged in sexual abuse of Patient B, by remarks of a sexual nature prior to and during the course of intimate physical examinations at a medical appointment.
The Committee also found that this constitutes disgraceful, dishonourable and unprofessional conduct.
Undertaking
On November 22, 2018, Dr. Feigel signed an undertaking resigning from the College effective January 1, 2019 and also undertook not to apply or re-apply for registration as a physician to practise medicine in Ontario or any other jurisdiction after the effective date.
Disposition
On December 17, 2018, the Discipline Committee ordered that:
- Dr. Feigel reimburse the College for funding provided to patients under the program required under section 85.7 of the Code, by posting an irrevocable letter of credit or other security acceptable to the College, within thirty(30) days of this Order in the amount of $32,120.00.
- Dr. Feigel to appear before the panel to be reprimanded.
- Dr. Feigel pay to the College its costs of this proceeding in the amount of $33, 500.00 within thirty (30) days from the date of this Order.
Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing Dates: September 12 to 15, 2017 and September 26, 2017
Penalty Hearing date: December 17, 2018 start time 9:00 a.m.