Committee: Discipline
Decision Date: 27 Oct 2016
Summary:
On October 27, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Jan Pieter Lucas has committed an act of professional misconduct in that he has failed to maintain the standard of practice of the profession, including with respect to his infection control practices, documentation, and preoperative assessments.
Dr. Lucas, an anesthesiologist who received his certificate of independent practice in Ontario in 1965, provided anesthesiology services at Downsview Endoscopy Clinic (“DEC”) in Toronto. He resigned his CPSO membership in 2013, when he was 83 years old, and has not practised medicine since.
In August 2014, the College received a letter from Toronto Public Health reporting that three patients had been infected with Hepatitis C virus after undergoing endoscopy procedures at DEC. The letter led to the initiation of a s. 75(1)(a) investigation by the College.
TORONTO PUBLIC HEALTH INVESTIGATION
On June 6, 2013, a patient who had undergone a colonoscopy at DEC on December 7, 2011 was reported to Toronto Public Health as Hepatitis C virus positive (“Patient 1”). Toronto Public Health commenced an investigation.
By matching patient lists and records of reported Hepatitis C virus cases, Toronto Public Health determined that three other patients who had undergone endoscopic procedures at DEC on December 7, 2011 were also Hepatitis C virus positive. Two of those patients (Patient 2 and Patient 3) were reported Hepatitis C virus positive after their procedures at DEC. The other patient (“Patient 0”), who had been seen prior to Patients 1, 2, and 3, was determined to be the source of the Hepatitis C virus outbreak. Patient 0’s Hepatitis C virus was genetically highly related to that of Patients 1, 2 and 3.
Dr. Lucas acted as the anesthesiologist for the procedures on each of the four patients on the date in question, December 7, 2011.
Toronto Public Health provided the College with its interim report of August 21, 2014 and final report of October 6, 2014, both of which concluded that Patients 1, 2 and 3 acquired Hepatitis C virus during their endoscopic procedures at DEC on December 7, 2011 and that Patient 0 was the source of the outbreak.
Toronto Public Health noted that Hepatitis C virus transmission has often been documented as being linked to mishandling of multi-dose injectable medications. It concluded that it is possible that either a vial of propofol anesthetic or a vial of lidocaine (used to reduce the sting of the anesthetic) became contaminated after being used on the source patient.
Dr. Lucas administered propofol anesthetic and lidocaine to all four patients during the procedures in question on December 7, 2011. Dr. Lucas acknowledged it was his practice to reuse syringes containing fentanyl between patients, only changing the needle. Toronto Public Health concluded that the contamination of fentanyl leading to transmission to all three patients did not seem likely.
COLLEGE INVESTIGATION
In written responses to the College investigation, Dr. Lucas admitted that it was not his practice to swab multi-dose vials before withdrawing medication. The propofol anesthetic and lidocaine used at DEC were contained in multi-dose vials.
The College retained two experts in infection prevention and anesthesiology as Medical Inspectors to assist in its investigation.
The first medical inspector concluded that:
- Dr. Lucas did not meet the standard of practice with respect to infection control procedures, documentation, and preoperative assessment, including:
- No documentation of pre-procedure vitals, patient weight, NPO status, airway assessment, physical examination, or post-procedure vitals or level of consciousness;
- No pre-operative blood glucose, despite the history of diabetes and oral hypoglycemic medication;
- Incomplete medication list;
- Incomplete pre-anesthetic assessment;
- Hypotension not treated on arrival and blood pressure not reassessed post-procedure to ensure it had returned to normal; and
- Re-using fentanyl syringes between patients.
- Dr. Lucas displayed a lack of skill and a lack of knowledge regarding appropriate
- infection control practices in the setting of medication administration, including not being aware of the risks involved in reusing syringes between patients;
- Dr. Lucas’ clinical practice exposed his patients to harm, including by:
- providing deep sedation without an appropriate pre-procedure assessment;
- reusing syringes between patients.
The first expert further opined: “It is well-established that syringes are easily contaminated especially when injecting directly into a saline lock. It is clearly below standard of care for a physician to re-use syringes or needles between patients and to be unaware of risk to patients…Theoretically, the top of the vial could become contaminated as a result of poor hand hygiene after the intravenous insertion. The medication inside could possibly become contaminated if the top of the vial was not appropriately cleaned before re-entering. There is no evidence that vials were deliberately contaminated.”
The second expert concluded that Dr. Lucas did not meet the standard of practice with respect to infection control procedures. Dr. Lucas reused syringes of fentanyl between patients, only changing the needle. This posed significant risk to his patients. Further, Dr. Lucas’ care displayed a lack of skill and knowledge. Dr. Lucas should have been aware of the risks of reusing a syringe of medication between patients. This deficit was significant.
Dr. Lucas has executed an undertaking never to engage in the practice of medicine again.
PENALTY
In light of Dr. Lucas’ undertaking never to engage in the practice of medicine again, on October 27, 2016, the Discipline Committee ordered and directed that:
- Dr. Lucas appear before the panel to be reprimanded; and
- Dr. Lucas pay to the College costs in the amount of $5,000.00 within 30 days of the date of this Order.