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Dempsey, Gerald Paul

CPSO#: 55892

MEMBER STATUS
Active Member as of 05 Nov 2019
CPSO REGISTRATION CLASS
Restricted as of 04 Sep 2019
Flag: Indicates a concern or additional information

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:McMaster University, 1991

Practice Information

Primary Location of Practice
3885 Duke of York Blvd
Mississauga ON  L5B 0E4 Electoral District: 05

Medical Records Location

Address: Paitents can contact Docudavit Solutions: 28 Eugene St Toronto ON M6B 3Z4 or www.docudavit.com or Phone: 416-781-9083/ 1-888-781-9083 Fax:1-866-297-9338
Date Received: 04 Oct 2018

Specialties

Specialty Issued On Type
Pediatrics Effective: 20 Nov 1995 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 21 Feb 1996
Transfer of class of certificate to: Restricted certificate Effective: 04 Sep 2019
Terms and conditions imposed on certificate by Discipline Committee Effective: 04 Sep 2019
Suspension of registration imposed: Discipline Committee Effective: 05 Sep 2019
Suspension of registration removed Effective: 05 Nov 2019

Practice Restrictions Flag: indicates a concern or additional information

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 04 Sep 2019 Active
             As from 12:00 p.m., September 4, 2019, by order of the Discipline Committee of
            the College of Physicians and Surgeons of Ontario, the following terms,
            conditions and limitations are imposed on the certificate of registration held
            by Dr. Gerald Paul Dempsey:

                  i.    Dr. Dempsey shall comply with the College Policy #2-07 "Practice
                        Management Considerations for Physicians Who Cease to Practise,
                        Take an Extended Leave of Absence or Close Their Practice Due to
                        Relocation", a copy of which is attached at Schedule "B" to this
                        Order;
                  
                  ii.   Dr. Dempsey will participate in the PROBE Ethics & Boundaries
                        Program offered by the Centre for Personalized Education for
                        Professionals, by receiving a passing evaluation or grade, without
                        any condition or qualification.  Dr. Dempsey will complete the
                        PROBE program within 6 months of the date of this Order, and will
                        provide proof to the College of his completion, including proof of
                        registration and attendance and participant assessment reports,
                        within one (1) month of completing it;
                  
                  iii.  Dr. Dempsey will, within two (2) weeks of the date of this Order,
                        provide proof to the College that he has contracted with a
                        third-party provider to process patient medical record requests and
                        will for the next three (3) years, provide proof to the College
                        every six (6) months that the arrangement remains in good standing;
                  
                  iv.   Dr. Dempsey will maintain a log of requests for medical records, in
                        the form attached hereto as Schedule "A", which will indicate when
                        such requests were made and when they were fulfilled, and which
                        will be provided to the College upon request;

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 04 Sep 2019
Summary:

On September 4, 2019, on the basis of an Agreed Statement of Facts and Admission, the 
Discipline Committee found that Dr. Dempsey committed an act of professional misconduct, in 
that he has engaged in an act or omission relevant to the practice of medicine that, having regard 
to all circumstances, would reasonably be regarded by members as disgraceful, dishonourable or 
unprofessional. 
 
AGREED STATEMENT OF FACTS AND ADMISSION 
 
Dr. Gerald Paul Dempsey (“Dr. Dempsey”) is a 53 year-old paediatrician who received his 
certificate of registration authorizing independent practice from the College of Physicians and 
Surgeons of Ontario (“the College”) on February 21, 1996.   
 
At the relevant time, Dr. Dempsey practised at a clinic in Belleville, Ontario.  In 2007, Dr. 
Dempsey purchased a building located at 100 Station Street, Belleville, with the intention of 
establishing a multi-service pediatric and family facility with his pediatric clinic as the anchor. 
Dr. Dempsey has advised the College that he undertook significant renovation of the premises, 
which involved taking on significant debt. He operated his clinic until 2017. On March 20, 2017, 
his construction lender locked the doors at 100 Station Street and initiated foreclosure 
proceedings. Dr. Dempsey advised the College that he was unable to meet his financial 
obligations to his lender as two of his tenants had stopped paying rent. 
 
Disgraceful, Dishonourable or Unprofessional Conduct 
 
a) Closure of Office and Registrar’s Investigation 
 
In May 2017, the College began to receive complaints from the parents of Dr. Dempsey’s 
patients, who were not able to contact Dr. Dempsey or access their children’s medical records. 
The College also received information from the Chief of Staff at Quinte Health Care that the 
hospital was receiving calls from concerned patients regarding Dr. Dempsey’s office closure. 
The College commenced a Registrar’s Investigation regarding Dr. Dempsey closing his office 
without notice to his patients and without facilitating access to their medical records.  
 
On May 4, 2017, in response to e-mails from the College’s Patient and Physician Advisory 
Service regarding the information it had received about his office closure, Dr. Dempsey 
contacted the College and advised that his mortgage financier had locked him out of his building. 
Dr. Dempsey advised that he was working with the bank and that it appeared that he would be 
able to re-open his clinic soon. Dr. Dempsey advised the College that he had posted, on the 
clinic’s Facebook page, the temporary closure. College staff advised Dr. Dempsey that he may 
wish to consider posting a sign on the clinic door, update his telephone greeting, and update any 
websites he may have regarding the closure. Dr. Dempsey advised that he would consider these 
options if he ran into a similar situation in the future. Dr. Dempsey advised that all patient 
records would be with the patients’ family doctors, as he is a consulting paediatrician and he 
sends reports to patients’ family physicians after every visit. Dr. Dempsey also advised that 
patients could e-mail their medical record requests to him.  
 
Dr. Dempsey obtained a new fax number sometime in May 2017. Dr. Dempsey advised the 
College on June 21, 2017 that he was looking at ready-to-use clinic space in Belleville and 
expected to be back in practice “very quickly.” On August 28, 2017, Dr. Dempsey advised the 
College that he had resumed seeing patients at another physician’s office in Belleville. Dr. 
Dempsey subsequently determined that the space was not suitable for his practice and stopped 
seeing patients at that location. Dr. Dempsey did not re-open his clinic or secure a new practice 
location of his own in the Belleville area. 
 
Dr. Dempsey provided a fax number to the investigator for patients to request their medical 
records. The fax number was posted on the College’s public website in July 2017. Dr. Dempsey 
advised the College in November 2017 that he had received a number of faxed requests for 
medical records, to which he had responded. 
 
In late 2017 and early 2018, Dr. Dempsey worked some shifts at a paediatric clinic network in 
Toronto. In early January 2018, Dr. Dempsey was offered a position at a Toronto clinic network, 
where he now practises. 
 
b) DOCUdavit Solutions 
    
On November 17, 2017, Dr. Dempsey advised the College that he was contracting with 
DOCUdavit Solutions for storage of his medical records and management of patient record 
requests. On November 29, 2017, the College requested permission from Dr. Dempsey to post 
the DOCUdavit service information on the College website. Dr. Dempsey replied on November 
30, advising that he was waiting for the DOCUdavit portal to be ready before advising the 
College to post the information on its website.  
 
On January 4, 2018, the College investigator received an email from a College staff member 
advising that staff had contacted DOCUdavit and that DOCUdavit advised that it had no records 
for Dr. Dempsey. 
 
On January 5, 2018, the College emailed Dr. Dempsey and advised that DOCUdavit had told the 
College that they were not providing services on his behalf. Dr. Dempsey advised that he would 
be negotiating the contract with DOCUdavit on January 8, 2018.  
 
On January 30, 2018, the College received a phone call from DOCUdavit Solutions indicating 
that it had received numerous calls regarding Dr. Dempsey’s medical records, and confirming 
that DOCUdavit did not have a signed contract with Dr. Dempsey and was not currently storing 
any of Dr. Dempsey’s medical records. 
 
Dr. Dempsey ultimately retained DOCUdavit to process medical record requests in January 
2019, after this matter had been referred to the Discipline Committee. As of August 6, 2019, six 
patients of Dr. Dempsey’s had requested charts from DOCUdavit. 
 
c) Patient Complaints 
 
In the months following the closure of his office in May 2017, the College received seven public 
complaints from parents of Dr. Dempsey’s patients who complained that Dr. Dempsey had 
closed his office without notice to them and that they were unable to obtain their children’s 
medical records from Dr. Dempsey. 
 
Throughout this time period, Dr. Dempsey corresponded frequently with the College 
investigator. 
 
d) Ms A’s Complaint 
    
On May 29, 2017, the College received a complaint from Ms A regarding her inability to reach 
Dr. Dempsey and gain access to her daughter’s medical record. Ms A advised that she had tried 
calling and attending Dr. Dempsey’s office to obtain the records but had been unable to do so. 
Ms A advised that her daughter had been seeing Dr. Dempsey regularly for a year, and had many 
tests and scans done, but her family physician was not copied on any reports, so she needed her 
daughter’s file from Dr. Dempsey. 
 
On June 1, 2017, the College investigator called Dr. Dempsey advising him of the complaint 
from Ms A.  According to Dr. Dempsey, the only report that was not provided to Ms A’s 
daughter’s family physician was a Children’s Treatment Centre Report which stated that there 
were no outstanding issues.  Dr. Dempsey offered to email the report to Ms A. On June 2, 2017, 
Ms A advised the College that she did not require a copy of the Children’s Treatment Centre 
Report, but that she wanted to keep the file open to see if Dr. Dempsey re-opened his practice, as 
she wanted her daughter to remain a patient of Dr. Dempsey.  
 
On July 24, 2018, the College investigator called Ms A to follow up regarding whether she had 
received her daughter’s medical record or if she had heard from Dr. Dempsey.  Ms A advised 
that she was interested in obtaining the entire medical record and that she had not heard from Dr. 
Dempsey regarding the medical record or Dr. Dempsey’s whereabouts.  Ms A never received a 
complete medical record from Dr. Dempsey.  
 
e) Ms. B’s Complaint 
    
On August 3, 2017, the College received a complaint from Ms B, whose son was a patient of Dr. 
Dempsey’s. Ms B was concerned that Dr. Dempsey closed his office without notice.  Ms B’s son 
has a unique medical condition. Ms B had requested her son’s medical records on June 15 and 
July 7, 2017 for review by a new paediatrician.  As she had not heard back from Dr. Dempsey, 
she complained to the College. Ms B advised that her request was urgent, as her son had not been 
able to see a paediatrician since January 2017. 
 
On August 4, 2017, the College investigator notified Dr. Dempsey of Ms B’s complaint. Dr. 
Dempsey responded to the investigator’s email the same day, stating that he believed that the 
medical records had already been sent or if not, they would be mailed out.   
 
By email dated August 28, 2017, Dr. Dempsey confirmed that he sent the medical records to Ms 
B by registered mail and that they were signed for.  Ms B confirmed to the College that she 
received the medical records by mail. 
 
f) Ms C’s Complaint 
    
On October 27, 2017, the College received a complaint from Ms C regarding her inability to 
reach Dr. Dempsey in order to obtain her daughter’s medical records. Ms C expressed concern 
that Dr. Dempsey closed his office without notifying his patients. Ms C advised that she had 
called and e-mailed to request the records, but had been unable to obtain them from Dr. 
Dempsey. Ms C advised that her request for Dr. Dempsey’s records for her daughter was urgent 
as her daughter had recently received a life-threatening diagnosis.  
 
On November 7, 2017, Dr. Dempsey was notified of Ms C’s complaint and the urgency of the 
request. 
 
On November 21, 2017, Ms C followed up with the College, as she had not received the medical 
records or heard from Dr. Dempsey. 
 
On November 27, 2017, Dr. Dempsey provided a tracking number for the medical records 
request. The investigator provided the tracking number to Ms C. 
 
On November 30, 2017, Ms C contacted the College again, advising that she had received the 
electronic records provided by Dr. Dempsey, but that not all of her daughter’s records were in 
the electronic record. Ms C requested the complete paper records from Dr. Dempsey. This was 
not provided by Dr. Dempsey. 
 
On December 11, 2017, Dr. Dempsey responded by advising that he did not have a paper chart 
for Ms C’s daughter, and advised that Ms C’s daughter may have seen one of two other 
paediatricians who had previously practised in his office, and that if she had, then Dr. Dempsey 
did not have access to those records. Dr. Dempsey also advised that if he had seen Ms C’s 
daughter at Quinte Health Care, then those records would have to be requested from the hospital. 
 
On December 14, 2017, Ms C clarified that her daughter had not seen either of the two 
physicians identified by Dr. Dempsey.  
 
g) Ms D’s Complaint 
    
On November 3, 2017, the College received a complaint from Ms D regarding her inability to 
schedule any appointments with Dr. Dempsey for her son. Ms D also indicated that she had sent 
a letter to a fax number that was provided to her to request her son’s medical records, but the 
medical records had not been forwarded to her son’s new paediatrician. Ms D advised that her 
son has a heart condition and requires regular consultations with a paediatrician. 
 
On November 13, 2017, Dr. Dempsey was notified of Ms D’s complaint. The investigator also 
sent an email to Ms D, requesting that Ms D advise the College if Dr. Dempsey provided the 
medical records. Dr. Dempsey responded on November 17, 2017, advising that he would provide 
the registered mail tracking number for the records.  
 
On November 20, 2017, the College received an email from Ms D confirming that her son’s new 
paediatrician had not yet received the medical records from Dr. Dempsey. On December 19, 
2017, the College received an email from Ms D indicating that she had received the medical 
records on a USB stick in the mail from Dr. Dempsey.   
 
h) Ms E’s Complaint 
 
On October 26, 2017, Ms E faxed Dr. Dempsey, using the fax number provided by Dr. Dempsey 
that was posted on the College’s website, to request her son’s medical records. No response was 
received from Dr. Dempsey, despite his having received the fax. 
 
On December 7, 2017, the College received a complaint letter from Ms E, expressing her 
concern that Dr. Dempsey closed his office without letting anyone know and that she had been 
unable to obtain her son’s medical records from Dr. Dempsey despite calling, e-mailing and 
faxing Dr. Dempsey to request the records.  
 
On January 9, 2018, the investigator called Ms E and advised that the College had notified Dr. 
Dempsey regarding the complaint and would be communicating with Dr. Dempsey to assist in 
the release of the medical record. Ms E explained that her son has mild autism and that obtaining 
testing, such as blood work, was difficult for him. She wanted to obtain her son’s medical 
records from Dr. Dempsey to avoid having repeat blood work done. The same day, the 
investigator sent an email to Dr. Dempsey regarding Ms E’s request for records and requesting 
that he expedite the request. Dr. Dempsey responded to the e-mail on January 12, 2018, advising 
that he would be couriering the medical records to Ms E and would provide the tracking number 
to the College. 
 
On February 11, 2018, the College received an email from Ms E indicating that she still had not 
received the medical records from Dr. Dempsey and had not heard from Dr. Dempsey regarding 
her request.  
 
On February 12, 2018, the investigator emailed Dr. Dempsey to advise that Ms E had not 
received the medical record and inquired whether Dr. Dempsey had sent the record as he had 
previously advised. Dr. Dempsey responded, requesting that the investigator “clarify this 
request” and provide him with information about Ms E. The investigator provided Ms E’s 
contact information to Dr. Dempsey on February 15, 2018, and reiterated her request for the 
medical records. The investigator also provided Ms E’s telephone number and suggested that Dr. 
Dempsey call Ms E regarding her request. 
 
On March 15, 2018, Ms E advised the College by email that she had still not received her son’s 
medical records. On March 15, 2018, the College also received a voicemail from Ms E 
expressing frustration with Dr. Dempsey as she still had not heard from him or received the 
records.  
 
On March 15, 2018, the investigator attempted to contact Dr. Dempsey using the contact 
information provided by Dr. Dempsey to the College. The cell phone number on file provided a 
message that the customer could not be reached and Dr. Dempsey’s home telephone number was 
no longer in service. The investigator sent a text message to Dr. Dempsey’s dedicated text line 
regarding Ms E’s request.  
 
On March 20, 2018, Dr. Dempsey responded to the email exchange of March 15, 2018, which 
had been forwarded to him, advising that he had thought that the request was from a different 
patient with a similar name to Ms E, and had sent that patient their medical records. In order to 
rectify the error, Dr. Dempsey advised that he would courier Ms E’s son’s records to Ms E the 
following day. 
 
On March 23, 2018, the College received a telephone call from Ms E indicating that she had 
received the medical record.  
 
i) Ms F’s Complaint 
    
On April 16, 2018, the College received a complaint from Ms F, indicating that Dr. Dempsey 
had closed his office and retained her childrens’ medical records. She advised that she had been 
unable to obtain the records by faxing a request to the number provided by Dr. Dempsey and 
posted on the College’s website, as the fax did not transmit.  
 
On April 30, 2018, the investigator called Ms F and indicated that she would email Dr. Dempsey 
to facilitate the transfer of records. The investigator emailed Dr. Dempsey the same day to notify 
him of Ms F’s complaint and request that he provide the medical records to Ms F. 
 
The investigator sent a follow-up email to Dr. Dempsey on May 10, 2018, inquiring about the 
status of Ms F’s request. Dr. Dempsey never responded to either of the investigator’s emails 
regarding Ms F’s request. 
 
On August 2, 2018, after the allegations had been referred to the Discipline Committee, the 
investigator called Ms F to obtain a mailing address to send the ICRC’s Decision and Reasons. 
During the call, Ms F confirmed that she still had not received the medical records of her four 
children from Dr. Dempsey.  
 
j) Ms G’s Complaint 
 
On July 30, 2018, the College received a complaint from Ms G, expressing concerns that Dr. 
Dempsey had suddenly left town, and that she had been unable to obtain her son’s medical 
records from Dr. Dempsey, despite her efforts, for over a year. Ms G advised that her son has 
developmental delays, and that due to Dr. Dempsey’s sudden absence, he had to start over with 
another paediatrician, which was made more difficult by the inability to obtain Dr. Dempsey’s 
medical records. Ms G advised that her family physician had faxed the number provided by Dr. 
Dempsey several times, but had received no response. Ms G also tried calling a phone number 
provided by her family physician where Dr. Dempsey’s records were supposed to be, but was 
told that they did not have the records. 
 
The College notified Dr. Dempsey of Ms G’s complaint on August 17, 2018. On September 25, 
2018, Ms G contacted the investigator by telephone and advised that she had heard nothing to 
date from Dr. Dempsey and had not received a copy of her son’s medical record. 
 
On January 30, 2019, Counsel for Dr. Dempsey advised the College that Ms G’s son’s medical 
record had been provided to her through DOCUdavit. 
 
ADMISSION 
 
Dr. Dempsey admits the facts specified above and admits that, based on these facts, he has 
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. 
 
AGREED STATEMENT OF FACTS RELEVANT TO PENALTY 
 
Dr. Dempsey’s History with the College 

On May 10, 2007, the Discipline Committee of the College found that Dr. Dempsey had engaged 
in disgraceful, dishonourable or unprofessional conduct. Dr. Dempsey admitted the allegation. 
 
Dr. Dempsey admitted that between 1998 and 1999, and between 2001 and 2004, he entered into 
sexual and romantic relationships with the mothers of two of his patients while continuing to 
provide care and treatment to the patients. 
 
The Discipline Committee ordered that Dr. Dempsey be reprimanded and that the results of the 
proceeding be recorded in the register.  
 
DISPOSITION 
 
The Discipline Committee ordered that: 
   -  The Registrar suspend Dr. Dempsey’s certificate of registration for a period of two (2) 
      months, commencing from September 5, 2019 at 12:01 a.m. 
   -  The Registrar place the following terms, conditions and limitations on Dr. Dempsey’s 
      certificate of registration: 
         -  Dr. Dempsey shall comply with the College Policy #2-07 “Practice Management 
            Considerations for Physicians Who Cease to Practise, Take an Extended Leave of 
            Absence or Close Their Practice Due to Relocation”; 
         -  Dr. Dempsey will participate in the PROBE Ethics & Boundaries Program offered 
            by the Centre for Personalized Education for Professionals, by receiving a passing 
            evaluation  or  grade,  without  any  condition  or  qualification.  Dr. Dempsey will 
            complete the PROBE program within 6 months of the date of this Order, and will 
            provide proof to the College of his completion, including proof of registration and 
            attendance  and  participant  assessment  reports,  within  one  (1)  month  of 
            completing it; 
         -  Dr. Dempsey will, within two (2) weeks of the date of this Order, provide proof to 
            the College that he has contracted with a third-party provider to process patient 
            medical record requests and will for the next three (3) years, provide proof to the 
            College every six (6) months that the arrangement remains in good standing. 
      -  Dr. Dempsey  will  maintain  a  log  of  requests  for  medical  records,  which  will 
         indicate when such requests were made and when they were fulfilled, and which 
         will be provided to the College upon request; 
-  Dr. Dempsey attend before the panel to be reprimanded. 
-  Dr. Dempsey pay costs to the College in the amount of $6,000 within 60 days of the date 
   of this Order

Hearing Date(s): September 4, 2019 half day


Committee: Discipline
Decision Date: 10 May 2007
Summary:

 On May 10, 2007, the Discipline Committee found Dr. Dempsey to have committed acts of professional 
 misconduct in that he engaged in conduct or an act or acts relevant to the practice of medicine 
 that, having regard to all the circumstances, would reasonably be regarded by members as 
 disgraceful, dishonourable or unprofessional.  The Committee ordered Dr. Dempsey to be 
 reprimanded.


Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): May 10, 2007