Doctor's penalty will stand: college

A class-action lawsuit against Wilson was settled in 2001, without admission of wrongdoing, for $27.5 million in damages. Lawyer Paul Harte, part of the team that represented the thousands of claimants in the class action, told the Star the college's decision is bound to upset his clients. "Having spoken to many of Dr. Wilson's former patients, we are confident that they will be enormously disappointed in the college's latest decision."

The Toronto Star
November 24, 2003

Doctor's penalty will stand: college
Ontario medical body won't ask for life ban. Neurologist can return to practice next year.
Harold Levy

The College of Physicians and Surgeons will not appeal a recent court ruling that lessened the penalty for a neurologist involved in Ontario's worst hepatitis B outbreak.

The governing body of Ontario's medical profession said it would be pointless to argue the ruling that substituted a two-year suspension for a lifetime ban.

"Our lawyers have told us that there is no reasonable likelihood that we would win the appeal," college spokesperson Jill Hefley told the Star.

That means Dr. Ronald Wilson will be able to able to practise medicine again on Nov. 12, 2004, subject to two conditions — that he take remedial courses and no longer run diagnostic clinics.

The college revoked Wilson's licence to practise medicine in November, 2002, after a discipline panel found some 14,000 patients were exposed to hepatitis B at a Scarborough neurology clinic. Patients had electroencephalograms (EEGs), tests used to diagnose neurological diseases such as epilepsy, with unsterilized needles, and the technologist, who had a highly infectious case of hepatitis B, wore no gloves.

Last month, Ontario's Divisional Court ruled the panel should not have assumed that the risks to which Wilson subjected his patients would inevitably recur in any future practice as a neurologist. The court also found Wilson would impose "little, if any, risk" if allowed to practise solely as a neurologist in a community "which is now seriously under-serviced," and he would not be a threat to patients as long as he did not test them with EEGs.

A class-action lawsuit against Wilson was settled in 2001, without admission of wrongdoing, for $27.5 million in damages. Lawyer Paul Harte, part of the team that represented the thousands of claimants in the class action, told the Star the college's decision is bound to upset his clients.

"Having spoken to many of Dr. Wilson's former patients, we are confident that they will be enormously disappointed in the college's latest decision."


Risks: Incompetence, Lawsuits, class action, Sham of self-regulation, Toothless law, Canada, 20031124 Doctor’s penalty

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