Dialogue Volume 10 Issue 2 2014 | Page 42

DISCIPLINE SUMMARIES DR. YADVINDER SINGH DHALIWAL Practice Location: Mississauga Practice Area: General Practice Hearing Information: Agreed Statement of Facts and Admission, Joint Submission on Penalty On November 5, 2012, the Discipline Committee found that Dr. Dhaliwal committed an act of professional misconduct, in that he engaged in disgraceful, dishonourable or unprofessional conduct. Dr. Dhaliwal admitted to the allegation. Dr. Dhaliwal was previously found to have engaged in disgraceful, dishonourable or unprofessional conduct by the Discipline Committee relating to loans that he solicited and received from seven of his patients. The finding of professional misconduct was made on the basis of an Agreed Statement of Facts and Admission entered into evidence at a hearing in 2003, which stated that Dr. Dhaliwal still owed money to some of the patients, but that he had paid back a couple called Patient F and Patient G. Dr. Dhaliwal had borrowed over $50,000 from Patients F and G in 1999, and two cheques provided in repayment had been returned for insufficient funds. However, the Agreed Statement of Facts and Admission stated that “at this time, the full amount of the loan, plus interest, has been repaid” to Patients F and G. In its decision, the Discipline Committee encouraged Dr. Dhaliwal to pay restitution to other patients whom he had not yet paid back, by providing that the suspension ordered by the Discipline Committee would be partially suspended if he did so. The Discipline Committee did not encourage Dr. Dhaliwal to pay back Patients F and G, because it was agreed that Dr. Dhaliwal had already done so. Dr. Dhaliwal testified under oath at the 2003 hearing that he had paid back Patients F and G in full. However, this was not true. In May 2003, five months before the 2003 hearing, Dr. Dhaliwal visited the home of Patients F and G with his wife and a relative. The patients were asked to withdraw their complaint on the stated basis that Dr. Dhaliwal’s ability to repay the loan could be jeopardized by the discipline proceedings against him. The patients agreed to withdraw their complaint 42 DIALOGUE • Issue 2, 2014 in return for an offer from Dr. Dhaliwal to pay $1,000 a month until the loan was repaid in full. Patients F and G signed a letter, as requested by the Dhaliwals, stating they had been repaid the money and did not want to continue with any investigation. The letter was sent to the College. Dr. Dhaliwal paid Patients F and G $1,000 a month as he had agreed to do for a period of five or six months. Thereafter the payments began to drop in frequency and amount. In 2008, Dr. Dhaliwal paid nothing towards repayment of the loan. In April 2009, Patient F advised a College investigator that the letter sent to the College in 2003 stating he and his wife had been repaid was untrue. He explained that since that time, they had received about $10,000 in small instalments. For example, the previous month, Patient F had attended at Dr. Dhaliwal’s practice and received an envelope with $250 in it from the reception desk. After Patient F notified the College of this information, Dr. Dhaliwal’s wife contacted Patient F to advise him that a $30,000 payment was available to him and his wife in return for signing papers again withdrawing their complaint with the College. Patient F attended at Dr. Dhaliwal’s office and picked up a bank draft for $30,000. Reasons for Penalty The Committee carefully considered the joint submission to ensure that it met the general principles of penalty. A penalty should serve to denounce the disgraceful, dishonourable or unprofessional behaviour and uphold the reputation of the profession. A penalty should serve to protect the public and maintain the public’s confidence in the profession’s ability to self-regulate. As well, the penalty should deter the member from a recurrence of the conduct and provide general deterrence to the profession. To whatever extent possible, a penalty should also serve to rehabilitate the member. Dr. Dhaliwal has been penalized previously for the unprofessional conduct that was the subject of the 2003 hearing. The Committee is nonetheless astonished at Dr. Dhaliwal’s behaviour. To have testified at his hearing that he had repaid his patients, F and G, when in fact he had not, is behaviour that cannot be tolerated.