Previous Hearings
Committee: Discipline
Decision Date: 02 Nov 2011
Summary:
On November 2, 2011, the Discipline Committee found that Dr. Lambert committed an act of professional misconduct, in that he sexually abused a patient. In the course of an investigation into Dr. Lambert's practice, the College retained the services of several private investigators, including Ms X, who contacted Dr. Lambert to inquire about cosmetic procedures he advertised on his website. Dr. Lambert consulted with her regarding the procedures and agreed to meet Ms X to administer the procedures at which time Ms X became his patient. During the course of their scheduled appointment, Dr. Lambert intentionally touched the breast of Ms X, thus committing sexual abuse of a patient.
The Committee also found that Dr. Lambert committed acts of professional misconduct, in that he:
a) contravened a term, condition or limitation on his certificate of registration by:
(i) treating or offering to treat female patients;
(ii) seeing patients outside the context of services listed on OHIP's Schedule of Benefits; and
(iii) having dealings with his patients in respect of the sale of skin care products.
b) had a conflict of interest, in that he recommended cosmetic products in which he held a personal commercial interest to his patients.
c) contravened a regulation made under the Medicine Act, 1991, specifically paragraph 16(d) of Ontario Regulation 114/94.
d) engaged in disgraceful, dishonourable or unprofessional conduct.
On December 1, 2011, Dr. Lambert appealed the portion of the decision of the Discipline Committee pertaining to the sexual abuse allegation to the Divisional Court.
On December 5, 2012, the Discipline Committee ordered a public reprimand, and directed the Registrar to revoke Dr. Lambert's certificate of registration, effective immediately.
Dr. Lambert was further ordered to pay to the College costs in the amount of $27,375.
On December 28, 2012, the Divisional Court dismissed Dr. Lambert(s appeal for delay.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 2012-12-28
Hearing Date(s): June 27, 28, 30 and August 15, 2011
Committee: Discipline
Decision Date: 15 May 2002
Summary:
On May 15, 2002, the Discipline Committee found Dr. Lambert guilty of professional misconduct in that he sexually abused patients.
On May 16, 2002, the Committee ordered the following penalty:
1. Dr. Lambert be reprimanded, the fact of the reprimand to be recorded on the Register
2. The Registrar revoke Dr. Lambert s certificate of registration effective immediately,
3. Dr. Lambert pay costs to the College in the amount of $18,750, and,
4. Dr. Lambert provide the College with an irrevocable letter of credit in the amount of $30,000 ($10,000 for each patient)
On June 30, 2009, the Discipline Committee directed the Registrar to reinstate Dr. Lambert's certificate of registration and to impose the following terms, conditions, and limitations on Dr. Lambert's certificate of registration:
1. Dr. Lambert will only be permitted to treat adult male patients. Dr. Lambert is not permitted to treat female patients, or male patients under the age of 18. The College will be entitled to monitor Dr. Lambert's OHIP billings and patient records as well as attend at Dr. Lambert's practice location(s) to ensure that he is complying with this term of his certificate of registration;
2. Dr. Lambert shall undertake to regularly attend a therapist acceptable to the College and no less frequently than once every three months. The therapy must include attention to Dr. Lambert's cognitive deficits, especially those of executive functioning (planning, judgment and organization of behaviour). The therapist shall submit reports to the College every six months. Those reports shall include all information relevant to Dr. Lambert's fitness and/or capacity to practise medicine. Additionally, if the therapist forms an opinion that Dr. Lambert's continued practice poses a risk of harm to patients or to the public, the therapist shall report that information to the College immediately;
3. Dr. Lambert shall practise under the supervision of a practice monitor acceptable to the College who shall provide an undertaking to the College to act as a practice monitor to Dr. Lambert, including:
(i) Submitting reports to the College every three months for the first two years and every six months thereafter, which shall contain all information the monitor may believe will assist the College in monitoring Dr. Lambert's
conduct and behaviour; and
(ii) If the monitor is of the opinion that Dr. Lambert's behaviour or conduct is in any way improper or poses a risk to public or patient safety or if any patient or individual expresses any concern, complaint, protest or dissatisfaction regarding their treatment or the behaviour or conduct of Dr. Lambert, the monitor shall immediately report that conduct to the College.
4. The supervision would involve regularly scheduled chart reviews and meetings between Dr. Lambert and his practice monitor. The frequency and format of these meetings must be acceptable to the College and/or as dictated by Dr. Lambert's re-entry into the practice of medicine program. The supervision would also involve the practice monitor paying attention to Dr. Lambert's cognitive deficits, especially those of executive functioning (planning, judgment and organization of behaviour);
5. Dr. Lambert shall abide by any terms, conditions and limitations and requirements or recommendations required by the Quality Assurance Committee upon his re-entry into the practice of medicine. He shall also undergo a further review of his cognitive status, at his expense, by an assessor who is acceptable to the College, which review shall take place no later than one year after he re-enters practice. Any further reviews shall take place only if the assessor determines that such a review is advisable, and shall be limited to one per year. The reports of the assessor shall be provided to the College;
6. Dr. Lambert shall pay the College the sum of $4,230.00 within 30 days of the date of this Order;
7. Dr. Lambert shall remain in compliance with the College's Conflict of Interest policy in respect of any sale of skin care products to his patients. He shall be precluded from any dealings with patients or members of patients' families in respect of the sale of skin care products;
8. Dr. Lambert shall only see patients within the context of services listed on OHIP's Schedule of Benefits, with the following exception:
(i) Dr. Lambert may work as a surgical assistant, under the direct supervision of a licensed surgeon in the Shouldice Hospital;
(ii) Dr. Lambert may only assist in surgeries on adult male patients and may only attend with these patients in the operating room in the presence of a licensed surgeon; and
(iii) Dr. Lambert may only practice at the Shouldice Hospital under the supervision of a monitor who is acceptable to the College and who will execute an undertaking which will include ensuring compliance with the terms set out above.
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): May 13, 2002
Application for Reinstatement
Download Reinstatement Decision (PDF)
Decision Date: 30 Jun 2009
Decision: Application Accepted
Committee: Discipline
Decision Date: 27 Sep 1991
Summary:
In September 1991, the Discipline Committee found Dr. Lambert guilty of professional misconduct, as defined in s. 27(32) of Ontario Regulation 448/80, as amended, in that he engaged in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Consequently, the Committee ordered that Dr. Lambert be reprimanded, with the fact of the reprimand to be recorded on the Register, and that his licence to practice be suspended for a period of six months.
Appeal: Appeal Dismissed
Appeal Decision Date: 1992-12-01
Hearing Date(s): 25 Sep 1991