Professional Conduct reports – February 2023

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Dr. Shahram Jabbari-Zadeh sanctioned for unprofessional conduct

Dr. Shahram Jabbari-Zadeh, a family physician from Spruce Grove, was sanctioned by a CPSA Hearing Tribunal after admitting to unprofessional conduct.

Background

It was alleged Dr. Jabbari-Zadeh conducted an inadequate patient assessment in 2018, by failing to question the patient on the presence or absence of alarm features (which would prompt further, more urgent action), failing to conduct an adequate physical examination, and failing to create an adequate patient record.

Dr. Jabbari-Zadeh admitted to the allegations. The Hearing Tribunal accepted a joint submission on sanction and ordered the following:

• Dr. Jabbari-Zadeh will receive a reprimand.
• Dr. Jabbari-Zadeh must participate in CPSA’s Individual Practice Review at his own cost, and implement any remediation that is recommended.
• Dr. Jabbari-Zadeh is responsible for 60 per cent of the costs of the investigation and hearing.

The Tribunal’s decision can be reviewed in full on CPSA’s website.

Dr. ‘Lemi Adebayo sanctioned for unprofessional conduct

Family physician Dr. ‘Lemi Adebayo of Edmonton was sanctioned by a CPSA Hearing Tribunal after admitting to unprofessional conduct.

Background

Dr. Adebayo was accused of not complying with CPSA’s Charging for Uninsured Professional Services and Patient Record Content standards of practice by failing to adequately account for the fees charged to his patient, failing to ensure his patient understood and accepted the fees that would be charged prior to the uninsured service being provided, failing to record an adequate history and physical examination, and failing to record specific follow-up advice provided to the patient.

Dr. Adebayo admitted to the charges and acknowledged that his actions constituted unprofessional conduct. The Hearing Tribunal accepted a joint submission on sanction and ordered the following:

• Dr. Adebayo will receive a reprimand.
• Dr. Adebayo must successfully complete a course on record keeping (has fulfilled this requirement).
• Dr. Adebayo must provide CPSA’s Complaint’s Director with a written submission reflecting on his conduct, the relevant standards of practice, and how such incidents will be prevented in the future. He must also prepare and provide an office policy and procedure for his practice, to capture changes made as a result of this hearing.
• Dr. Adebayo is responsible for 50 per cent of the costs of the investigation and hearing.

The Tribunal’s decision can be reviewed in full on CPSA’s website.

Learnings from the above two sanction decisions

Under CPSA’s Patient Record Content standard of practice, regulated members are responsible for ensuring patient encounters are fully documented, accurately capturing the care that was provided.

The Canadian Medical Protective Association (CMPA) has several resources available on a physician’s responsibility when it comes to medical records. Physicians who are interested in improving their medical documentation may also want to consider taking a course on record keeping from the University of Calgary (which is also eligible for CPD credits).

Making a patient diagnosis is complex, and how physicians consider and weigh the information they gather through clinical encounters can be influenced by cognitive biases. It is important to be aware of these gaps and have strategies to avoid them. There are courses available on diagnostic reasoning that can help, like this one offered by the CMPA.

Under the Charging for Uninsured Professional Services standard, fees charged must reasonably reflect the regulated member’s costs, as well as the patient’s ability to pay, and the patient must be informed of any fees before services can proceed. Regulated members are encouraged to review CPSA’s advice document on uninsured services to find more information and resources.

Dr. Brianne Hudson suspended from practice

Dr. Brianne Hudson, a family physician from Grande Prairie, was suspended from practice as of Jan. 9, 2023, after a CPSA Hearing Tribunal found that her conduct constituted “sexual abuse” as defined in the Health Professions Act.

Background

Dr. Hudson was accused of having a sexual relationship with a patient between August 2019 and December 2019, and subsequently providing false information on her 2020 CPSA Renewal Information Form, claiming she had not engaged in a sexual or inappropriate personal relationship with a patient that had not been previously reported to CPSA.

The Hearing Tribunal found Dr. Hudson guilty on both charges. Pursuant to section 81.1(1) of the Health Professions Act, Dr. Hudson’s practice permit was suspended pending the determination of sanction.

The Tribunal’s decision can be reviewed in full on CPSA’s website. Sanction will be determined at a later date.

Appeal from Dr. Neil Skjodt to stay CPSA disciplinary proceedings denied

After a CPSA Hearing Tribunal denied an application by Dr. Neil Skjodt of Sherwood Park to stay a hearing set to consider allegations of unprofessional conduct on the basis of unreasonable delay, the matter was unsuccessfully appealed to a CPSA Council Review Panel.

Background

In April 2022, Dr. Skjodt brought forward a preliminary application to the Tribunal, arguing charges of unprofessional conduct against him should be stayed due to undue delays in CPSA’s complaints process. The complaints, the first of which was received in 2015, allege misconduct by Dr. Skjodt towards three patients. After considering submissions from both parties, the Hearing Tribunal denied Dr. Skjodt’s application.

Dr. Skjodt appealed the Tribunal’s decision to the Council Review Panel, who found the Hearing Tribunal’s decision was reasonable and dismissed the appeal. Written decisions from both the Tribunal and the Council Review Panel can be reviewed in full on CPSA’s website.

Dr. Skjodt has appealed the Council Review Panel’s decision to the Alberta Court of Appeal.