Committee: Ontario Physicians and Surgeons Discipline Tribunal
Decision Date: 17 May 2022
Summary:
Committee: Discipline
Decision Date: 19 Sep 2016
Summary:
On September 19, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Zvi Margaliot committed an act of professional misconduct in that he engaged in the sexual abuse of a patient and in that he 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, including by:
a) Making remarks of a sexual nature not appropriate to the care provided; and
b) Engaging in a sexual relationship which included sexual intercourse during the physician-patient relationship.
Dr. Margaliot, who has held a certificate of registration authorizing independent practice in Ontario since 2005, is certified by the Royal College of Physicians and Surgeons of Canada as a specialist in plastic surgery, and practices medicine as a hand surgeon.
Patient A was referred to Dr. Margaliot for recurring wrist pain and was first treated by him in March 2009. At the time, Patient A was twenty-two years old and an undergraduate student.
Between March 2009 and June 2010, Dr. Margaliot treated Patient A on ten occasions, including performing two surgeries on her right wrist.
In April 2010, while still engaged in a doctor-patient relationship, Patient A sent Dr. Margaliot a friend request via Facebook, which Dr. Margaliot accepted.
In June 2010, at the last post-operative appointment following her second wrist surgery, Dr. Margaliot stated in his clinical record that he would be happy to see Patient A back if she had any concerns.
In August 2010, Patient A contacted Dr. Margaliot through Facebook. Shortly thereafter, the two began to correspond by email.
In October 2010, Patient A invited Dr. Margaliot for coffee. Dr. Margaliot proposed a meeting place, and the two met for coffee. The two continued to exchange emails of a sexual nature.
On a date in December 2010, Patient A emailed Dr. Margaliot as follows:
“Zvi, my wrist is killing me.. its bad enough I can barely use a speculum because its so weak...
a) Is this anything physio might fix (friend’s suggestion)
b) is it still appropriate for you to be my physician and
c) is there anything else we can do for this because it hurrrrts”
Dr. Margaliot replied:
“R or L wrist
PT is usually not indicated until you a) have a diagnosis and b) it is something amenable to PT. I can look at it for you next week. Call Zohra ..."
Dr. Margaliot then asked "why, are you over-using your wrist?" and she replied "you’d like that wouldn’t you.”
Dr. Margaliot treated Patient A in his office practice on a date in January 2011. On a date later on in January 2011, the two met for coffee. After this meeting, the two began texting. Some of the texts were of a sexual nature.
In February 2011, the two met for coffee and kissed. They met two days later in his office, in the evening, and engaged in kissing and touching of a sexual nature. In early March 2011, following a sexually explicit Gchat communication, the two met in the on-call room of the Hospital and had intercourse.
Dr. Margaliot treated Patient A again on a date in March 2011. He examined her for 50 minutes. At that appointment, she signed a consent for a third surgery, this time on her left wrist.
Subsequently, in close proximity to the appointment, while still engaged in a physician- patient relationship, the two had sexual intercourse, including in his office.
Her surgery did not proceed. The two continued to have a secret sexual affair, on again and off again, in 2011 and 2012.
PENALTY
On September 19, 2016, the Discipline Committee ordered that Dr. Margaliot’s certificate of registration be revoked, effective immediately.
On September 22, 2016, the Discipline Committee further ordered and directed that:
-Dr. Margaliot appear before the panel to be reprimanded;
- Dr. Margaliot reimburse the College for funding provided to patients under the program required under section 85.7 of the Code, by posting an irrevocable letter of credit or other security acceptable to the College to guarantee payment of such amounts within thirty (30) days of the date this Order becomes final, in the amount of $16,060.00; and
-Dr. Margaliot pay costs to the College in the amount of $15,000.00 within thirty (30)days of the date this Order becomes final.