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Yau, Patrick Wing Nin

CPSO#: 66515

MEMBER STATUS
Active Member as of 13 Aug 2017
CPSO REGISTRATION CLASS
Restricted as of 12 Apr 2017
Flag: Indicates a concern or additional information

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: Cantonese, English

Education:University of Toronto, 1993

Practice Information

Primary Location of Practice
Suite 402
4190 Finch Avenue East
Toronto ON  M1S 4T7
Phone: (416) 786-9620
Fax: 6474994998 Electoral District: 10

Additional Practice Location(s)

4040 Finch Ave East Suite 105
Toronto ON  M1S 4E7
Canada
Phone: (416) 786-9620
Fax: (647) 499-4998
County: City of Toronto
Electoral District: 10

1650 Elgin Mills Rd E Suite 103
Richmond Hill ON  L4S 0B2
Canada
Phone: (416) 786-9620
Fax: (647) 499-4998
County: Regional Municipality of York
Electoral District: 05

Professional Corporation Information


Corporation Name: Dr. Patrick Yau Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Sep 13 2010

Shareholders:
Dr. P. Yau ( CPSO# 66515 )

Business Address:
402 - 4190 Finch Avenue East
Toronto ON  M1S 4T7
Phone Number: (416) 786-9620

Business Address:
Suite 105
4040 Finch Avenue East
Toronto ON  M1S 4V5
Phone Number: (416) 292-1505

Business Address:
Suite 103
1305 Elgin Mills East
Richmond Hill ON  L5S 0B5

Hospital Privileges Flag: indicates a concern or additional information

Hospital Location
Scarborough Hospital-Birchmount Campus Toronto

Hospital Notices

Source:  Hospital
Active Date:  February 9, 2018
Expiry Date:  
Summary:  
On February 9, 2018, Scarborough and Rouge Hospital notified the College, pursuant to section 85.2, Health Professions Procedural Code, Schedule 2 of the Regulated Health Professions Act, that effective February 2, 2018, Dr. Patrick Yau has taken an approved leave of absence from his clinical practice at Scarborough and Rouge Hospital during the course of an investigation by Scarborough and Rouge Hospital into Dr. Yau’s clinical practice.

Specialties

Specialty Issued On Type
General Surgery Effective: 30 Jun 1998 RCPSC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.



McMaster University, 01 Jul 1993 to 30 Jun 1994
PostGrad Yr 1 - General Surgery

McMaster University, 01 Jul 1994 to 30 Jun 1995
Resident 2 - General Surgery

McMaster University, 01 Jul 1995 to 30 Jun 1996
Resident 3 - General Surgery

McMaster University, 01 Jul 1996 to 30 Jun 1997
Resident 4 - General Surgery

McMaster University, 01 Jul 1997 to 30 Jun 1998
Resident 5 - General Surgery

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1993
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Jun 1998
Transfer of class of certificate to: Restricted certificate Effective: 12 Apr 2017
Terms and conditions imposed on certificate by Discipline Committee Effective: 12 Apr 2017
Suspension of registration imposed: Discipline Committee Effective: 13 May 2017
Suspension of registration removed Effective: 13 Aug 2017
Terms and conditions amended by member Effective: 12 Feb 2019

Pending Hearings Flag: indicates a concern or additional information

Summary:

Allegations of Dr. Yau’s professional misconduct and incompetence have been referred to the Discipline Committee of the College. It is alleged that Dr. Yau is incompetent and/or failed to maintain the standard of practice of the profession in his care of his patients, including but not limited to, in his record-keeping.


Notice of Hearing: Download Full Notice (PDF)

Practice Restrictions Flag: indicates a concern or additional information

Imposed By Effective Date Expiry Date Status
member Effective: 12 Feb 2019 Active
             (1 of 2)

            As from February 12, 2019, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Patrick Wing Nin Yau,
            in accordance with an undertaking and consent given by Dr. Yau to the College
            of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. PATRICK WING NIN YAU
                                          ("Dr. Yau")
                  
                                                to
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                                                             
            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "Discipline Committee" means the Discipline Committee of the College;
                  "ICRC" means the Inquiries, Complaints and Reports Committee of the
            College;

                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
                  "SCERP" means a Specified Continuing Education or Remediation Program 
                  
            (2)   I, Dr. Yau, certificate of registration number 66515, am a member of the
                  College.  

            (3)   I, Dr. Yau, acknowledge that, under the terms of a SCERP ordered by the
                  ICRC on October 11, 2013, (File #240159), I underwent remediation and was
                  to submit to a reassessment of my practice.  

            (4)   I, Dr. Yau, acknowledge that after the College receives an original copy
                  of this Undertaking as signed by me, the reassessment of my practice
                  referred to in the preceding paragraph will be deferred as described
                  further below.



            B.    UNDERTAKING

            (5)   I, Dr. Yau, undertake to abide by the provisions of this Undertaking,
                  effective immediately.  
            (6)   Practice Restrictions

                  (a)   I, Dr. Yau, undertake that I will not engage in any of the
                        following areas of practice:
                  
                        (i)   I will not perform any Laparoscopic Adjustable Gastric
                              Banding procedures (LAGB).
                  
                  (b)   I, Dr. Yau, undertake that: 
                  
                        (i)   I will provide a minimum of one hundred and twenty (120)
                              days' notice to the College of my intent to resume LAGB
                              procedures; and
                  
                        (ii)  The reassessment of my practice referred to in paragraph 3
                              above, will proceed after I provide the notice referred to in
                              (i) above. 
                  
            (7)   Monitoring 

                  (a)   I, Dr. Yau, undertake to inform the College of each and every
                        location where I practise or have privileges, including, but not
                        limited to, any hospitals, clinics, offices, and any Independent
                        Health Facilities with which I am affiliated, in any jurisdiction
                        (collectively my "Practice Location" or "Practice Locations"),
                        within five (5) days of executing this Undertaking.  Going forward,
                        I further undertake to inform the College of any and all new
                        Practice Locations within five (5) days of commencing practice at
                        that location.
                  
                  (b)   I, Dr. Yau, undertake that I will submit to, and not interfere
                        with, unannounced inspections of my Practice Locations and patient
                        charts by a College representative for the purposes of monitoring
                        my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Yau, give my irrevocable consent to the College to make
                        appropriate enquiries of OHIP, and/or any person who or institution
                        that may have relevant information, in order for the College to
                        monitor my compliance with the provisions of this Undertaking.
                  
                  (d)   I, Dr. Yau, acknowledge that I have executed the OHIP consent form,
                        attached hereto as Appendix "A".
                  
            C.    ACKNOWLEDGEMENT

            (8)   I, Dr. Yau, acknowledge that all appendices attached to or referred to in
                  this Undertaking form part of this Undertaking.

            (9)   I, Dr. Yau, acknowledge and undertake that I shall be solely responsible
                  for payment of all fees, costs, charges, expenses, etc. arising from the
                  implementation of any of the provisions of this Undertaking. 

            (10)  I, Dr. Yau, acknowledge that I have read and understand the provisions of
                  this Undertaking and that I have obtained independent legal counsel in
                  reviewing and executing this Undertaking, or have waived my right to do
                  so.

            (11)  I, Dr. Yau, acknowledge that the College will provide this Undertaking to
                  any Chief of Staff, or a colleague with similar responsibilities, at any
                  Practice Location ("Chief of Staff" or "Chiefs of Staff").

            (12)  I, Dr. Yau, acknowledge that a breach by me of any provision of this
                  Undertaking may constitute an act of professional misconduct and/or
                  incompetence, and may result in a referral of specified allegations to
                  the Discipline Committee.

            (13)  I, Dr. Yau, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. 

            (14)  Public Register

                  (a)   I, Dr. Yau, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Yau, acknowledge that, in addition to this Undertaking being
                        posted in accordance with section (14)(a) above, the following
                        summary shall be posted on the Public Register during the time
                        period that this Undertaking remains in effect:
                  
                              As a result of a Specified Continuing Education or
                              Remediation Program ordered by the College, Dr. Yau was to
                              undergo a reassessment of his practice in the area of
                              Laparascopic Adjustable Gastric Banding.  Dr. Yau has ceased
                              performing Laparascopic Adjustable Gastric Banding
                              procedures.  As a result, Dr. Yau shall provide one hundred
                              and twenty (120) days' notice to the College of his intention
                              to resume Laparascopic Adjustable Gastric Banding and has
                              agreed to submit to a reassessment of his practice in
                              Laparascopic Adjustable Gastric Banding at that time. Further
                              information may be found on the College of Physicians and
                              Surgeons of Ontario website at www.cpso.on.ca.
                  
            D.    CONSENT

            (15)  I, Dr. Yau, give my irrevocable consent to the College to provide all
                  Chiefs of Staff with any information the College has that led to the
                  circumstances of my entering into this Undertaking and/or any information
                  arising from the monitoring of my compliance with this Undertaking.


            (2 of 2)

            As from 11:59 pm, April 12, 2017, 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.
            Patrick Wing Nin Yau:

            (i)   Dr. Yau will not perform the revision surgery referred to as band over
                  bypass outside of a hospital setting; 

            (ii)  Dr. Yau will meet in-person with patients who reside in the GTA for a
                  pre-surgical consultation in respect of gastric banding on a day that is
                  prior to surgery and will document the consultation. For patients that
                  reside outside the GTA, Dr. Yau will conduct a telephone consultation on
                  a day that is prior to surgery day and will document the consultation;
                  and

            (iii) Dr. Yau will not act as a Medica1 Director of an Out-of-Hospital Premise
                  for a period of one (1) year.


Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 12 Apr 2017
Summary:

On April 12, 2017, the Discipline Committee found that Dr. Patrick Wing Nin Yau committed an 
act of professional misconduct in that he has failed to maintain the standard of practice of the 
profession. 
  
Dr. Yau is a general surgeon who received his certificate of registration authorizing independent 
practice in Ontario in 1998 and has held privileges at Scarborough General Hospital since 1999.  
In addition, he held the position of a medical director and practised general surgery, including 
bariatric surgery, at the Prince Arthur Surgical Centre Inc. (“the Clinic”), an Out of Hospital 
Premise, located in Toronto, which offered weight loss surgical procedures, including adjustable 
laparoscopic gastric banding. The Clinic ceased operations as of March 22, 2017.  
 
Patient A 
 
In November 2013, Patient A attended at the Clinic for bariatric surgery with Dr. Yau.  
 
Prior to meeting Dr. Yau in 2013, Patient A had two previous bariatric surgeries. At the time of 
her initial surgery, Patient A had a Body Mass Index (“BMI”) of 41 and was morbidly obese.  
 
In a pre-surgery questionnaire, Patient A indicated that she hoped to reduce her BMI to 21. She 
also participated in a telephone pre-surgical consultation with a Clinic nurse, during which her 
BMI was noted to be 26, based on her self-reported weight and height. In addition, prior to 
surgery, Dr. Yau conducted a telephone consultation with Patient A, as she resided in another 
province, but did not note Patient A’s BMI at the time.  
 
On the day of the surgery, Patient A was weighed by Clinic staff.  Her BMI was recorded as 
being 24.9, which is 10 lbs. less than the weight she self-reported during the telephone pre-
surgical consultation with a Clinic nurse, and is considered to be in the normal range.  
 
Patient A consented to the gastric banding surgery and Dr. Yau attempted the surgery on that 
day. However, the surgery could not be completed due to many dense adhesions that made 
dissection difficult. A tiny perforation was diagnosed and surgically repaired. The surgery was 
aborted, a drain was placed and the patient was sent to the hospital for observation. She was 
ultimately discharged home without complications.  
 
The College retained an expert in bariatric surgery, lap-band procedures and laparoscopy who 
opined that Dr. Yau fell below the standard of practice of the profession in deciding to perform 
the gastric banding surgery on Patient A when the bariatric surgery, including gastric banding, 
was not indicated given this patient’s normal BMI. The expert further noted that Dr. Yau’s 
decision to proceed with surgery exposed the patient to potential harm or injury, particularly 
given the risk that the patient’s well-functioning gastric bypass could be damaged during 
surgery.  
 
During the investigation, Dr. Yau advised the College that he missed the BMI noted as 24.9 on a 
computerized printout from an assessment done on the day of surgery and, inadvertently, 
proceeded with the surgery based on the initial numbers. Dr. Yau also advised the College that 
he has since, on his own initiative, implemented a number of changes to his practice, including 
improved documentation of patient discussions and indications for surgery, dictation of pre-
operative notes and scrutinization of all patients’ vitals, including morphological values, BMI, 
height and weight on the surgery day.  
 
Patient B 
 
In January 2012, Patient B attended the Clinic for a laparoscopic gastric banding procedure to 
assist him in losing weight. In addition to obesity, Patient B suffered from Type 1 Diabetes and 
hypertension, both of which were medically controlled.  
 
During Patient B’s post-surgery overnight stay in the clinic, the nurses documented abnormal 
and high glycemic results. At the time of his discharge from the clinic the next morning, Patient 
B’s blood sugar and glucose levels were not verified or recorded by the Clinic nurse.  
 
Following his discharge from the Clinic, Patient B boarded a plane as he resided in a different 
province. Upon landing, he checked into a hotel and was found deceased the following morning.  
The cause of death was attributed to bacterial meningitis and it was noted that diabetic 
ketoacidosis was a significant condition contributing to his death.  
 
Dr. Yau was not on the premises during Patient B’s post-surgery overnight stay at the Clinic. He 
was not notified about Patient B’s elevated glycemic results and did not see Patient B prior to his 
discharge. At the time of Patient B’s discharge, the Clinic’s Discharge Protocol only required 
that a diabetic patient be advised upon discharge if he or she tested “outside of parameters”.  
 
The expert retained by the College concluded that Dr. Yau fell below the standard of practice of 
the profession in his role as a medical director of the Clinic in that he failed to ensure that an 
appropriate policy was in place at the Clinic for the post-operative management and discharge of 
diabetic patients.  
 
On April 12, 2017, the Committee ordered and directed on the matter of penalty and costs that: 
 
-  The Registrar suspend Dr. Yau’s certificate of registration for a period of three (3) months 
   effective May 13, 2017, at 12:01 a.m. 
-  The Registrar impose the following terms, conditions and limitations on Dr. Yau’s Certificate 
   of Registration: 
   (i)   Dr. Yau will not perform the revision surgery referred to as band over bypass outside 
         of a hospital setting; 
   (ii)  Dr. Yau will meet in-person with patients who reside in the GTA for a pre-surgical 
         consultation in respect of gastric banding on a day that is prior to surgery and will 
         document the consultation. For patients that reside outside the GTA, Dr. Yau will 
         conduct a telephone consolation on a day that is prior to surgery day and will 
         document the consultation; and  
   (iii) Dr. Yau will not act as a Medical Director of an Out-of-Hospital Premise for a period 
         of one (1) year.  
-  Dr. Yau attend before the panel to be reprimanded. 
-  Dr. Yau pay costs to the College in the amount of $5,000.00 within thirty (30) days of the 
   date this Order becomes final.


Decision: Download Full Decision (PDF)
Hearing Date(s): April 12, 2017

Concerns Flag: indicates a concern or additional information

Source: ICR Committee
Active Date: February 22, 2019
Expiry Date:
Summary:
Caution-in-Person and Specified Continuing Education and Remediation Program

A summary of a decision of the Inquiries, Complaints and Reports Committee (“ICRC”) in which the disposition includes a "caution-in-person" or a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of ICRC. A SCERP is one of the dispositions that the College’s ICRC may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed.

Summaries will be removed from the register if the decision is overturned on appeal or review. This posting requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person and a SCERP:
Download Full Document (PDF)

 

Source: Member
Active Date: February 12, 2019
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Yau to the College of Physicians and Surgeons of Ontario effective February 12, 2019:

As a result of a Specified Continuing Education or Remediation Program ordered by the College, Dr. Yau was to undergo a reassessment of his practice in the area of Laparascopic Adjustable Gastric Banding. Dr. Yau has ceased performing Laparascopic Adjustable Gastric Banding procedures. As a result, Dr. Yau shall provide one hundred and twenty (120) days' notice to the College of his intention to resume Laparascopic Adjustable Gastric Banding and has agreed to submit to a reassessment of his practice in Laparascopic Adjustable Gastric Banding at that time. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca.

 

Source: ICR Committee
Active Date: May 14, 2018
Expiry Date:
Summary:
Caution-in-Person:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a caution-in-person.
Download Full Document (PDF)