Committee: Discipline
Decision Date: 12 Sep 2013
Summary:
On September 12, 2013, the Discipline Committee found that Dr. Walid Abawi 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 the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
The Committee found that while working at a hospital, Dr. Abawi led a nurse into a bathroom,and made unwanted and inappropriate sexual advances and remarks, trying to hug her and kiss her twice and then resting his body against the closed bathroom door. When the nurse stated she was leaving, Dr. Abawi did not stand in her way. The Committee found that in the context of the encounter, Dr. Abawi briefly confined the nurse without her consent, by his unwanted advances, his physical blocking of the door and the resulting psychological intimidation.
On February 10, 2014, the Discipline Committee ordered and directed that:
1. Dr. Abawi appear before the panel to be reprimanded.
2. the Registrar suspend Dr. Abawi's certificate of registration for a period of four (4) months, to commence at 12:00 a.m. February 11, 2014.
3. the Registrar impose the following terms, conditions and limitations on Dr. Abawi's certificate of registration:
(i) Dr. Abawi shall successfully complete, at his own expense, individualized instruction in professionalism and medical ethics with a College approved instructor within twelve (12) months of this Order. The instruction is to be on a one-to-one basis, for a minimum of five (5), two (2) hour sessions;
(ii) Dr. Abawi shall be subject to workplace monitoring by a regulated health professional, approved by the College, who executes an undertaking with the College in the form attached as Appendix "A" (the "Practice Monitor").Monitoring shall continue for a minimum period of eighteen (18) months at each of Dr. Abawi's practice locations and shall cease at that time unless the College in
its sole discretion, determines that Dr. Abawi's conduct in the workplace is unsatisfactory. If it is determined that his conduct in the workplace is unsatisfactory, the monitoring shall continue for a minimum period of an additional six months at which time a further determination will be made by the College, in its sole discretion, if further monitoring is necessary, and if so, Dr. Abwai shall be subject to further monitoring until his conduct is deemed satisfactory by the College;
(iii)The Practice Monitor(s) shall work at the same location as Dr. Abawi and shall be required to, among other things:
(a) provide written reports to the College on a monthly basis. Such reports are to include information regarding Dr. Abawi's conduct, behavior, and professionalism including information provided to the Practice Monitor by nurses, medical staff and/or any other staff working directly or indirectly with Dr. Abawi; and
(b) provide immediate reporting to the College if the Practice Monitor has any concerns about Dr. Abawi's conduct, behavior or professionalism or forms the view that patients or people in the workplace may be at risk of harm or forms the view that he is not in compliance with the panel's Order;
(iv) Dr. Abawi shall provide an executed Appendix "A" from a College approved Practice Monitor no later than thirty (30) days before he resumes practice following his suspension. If the person who has given an undertaking in Appendix "A" is unable or unwilling to continue to fulfill its terms, or the College determines the Practice Monitor is no longer acceptable, Dr. Abawi shall, within twenty (20) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time. If Dr. Abawi is unable to obtain a Practice Monitor on the terms set out in this Order, he shall cease practicing medicine until such time as he has obtained a Practice Monitor acceptable to the College on the terms set out above;
(v) Dr. Abawi shall provide written notice to the College at least thirty (30) days before seeking privileges, employment or any other position, at any hospital, independent health facility, out-of-hospital premise, or any other location. Dr. Abawi shall inform the College within ten (10) days of the date he receives notice that he has been granted such privileges, employment or position. Dr. Abawi shall ensure that he has obtained an undertaking in the form of Appendix "A" from a College-approved regulated health professional who works at that location and shall provide same to the College before commencing work at such location;
(vi) With respect to Dr. Abawi's locum coverage at Temiskaming Hospital, Dr. Abawi shall provide the Chief of Staff and the Chief of Surgery with copies of the panel's Decision and Reasons for Decision dated September 12, 2013 and a copy this Order and provide proof of same within fifteen (15) days of the date of this Order.Dr. Abawi shall advise the Chief of Staff and the Chief of Surgery that the College will be making inquiries on an quarterly basis with respect to Dr. Abawi's conduct, behavior and professionalism at Temiskaming Hospital.
(vii) Dr. Abawi shall be responsible for any and all costs associated with implementing the terms of this Order.
5. Dr. Abawi pay the College costs in the amount of $26,760.00 within ninety (90) days from the date of this Order.