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Professional Conduct reports – November 2022

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Discipline Decisions, November Messenger 2022 | Posted November 10, 2022
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Dr. Nirupa Srikisson suspended for unprofessional conduct

A CPSA Hearing Tribunal suspended the practice permit of Dr. Nirupa Srikisson, a general practitioner from Drayton Valley, for unprofessional conduct.

Background

Dr. Srikisson admitted to improperly providing medical care and prescribing medication to family members between 2009 and 2019 in violation of the Canadian Medical Association’s Code of Ethics and Professionalism, which states such care should be limited to minor or emergency situations, and only when another physician is not readily available. Dr. Srikisson also failed to maintain patient records for the care provided to the family members in accordance with CPSA standards, and inappropriately accessed their electronic health information, a breach of the Health Information Act.

The Hearing Tribunal accepted a joint submission on sanction and ordered the following:

  • Srikisson’s practice permit is suspended for three months with one month held in abeyance, pending completion of the Tribunal’s remaining orders.
  • At her own cost, Dr. Srikisson must complete an assessment by the Comprehensive Occupational Assessment for Professionals (or equivalent) and address any resulting recommendations.
  • Srikisson 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.

Learnings

Given the inherent power imbalance that exists between a physician and their patients, maintaining appropriate boundaries is very important to ensure appropriate care and avoid potential conflicts of interest. The Code of Ethics and Professionalism and CPSA’s Boundary Violations: Personal standard of practice both emphasize the importance of maintaining these boundaries to protect the patient’s best interest and the integrity of the physician-patient relationship. Accessing patient information for an individual with whom there is not a current treating relationship may also be viewed as a privacy breach under the Health Information Act.

 

Dr. Kevin Mailo sanctioned after admitting to unprofessional conduct

A CPSA Hearing Tribunal sanctioned Dr. Kevin Mailo of Sherwood Park after he admitted to unprofessional conduct.

Background

Dr. Mailo was accused of demonstrating a lack of skill and knowledge when in 2015, he failed to follow up with a patient he had treated at the emergency room after radiology reports recommended the patient undergo further imaging for a suspected hip fracture.

The Tribunal accepted Dr. Mailo’s admission of unprofessional conduct along with a joint submission on sanction, and ordered the following:

  • Mailo shall receive a written reprimand.
  • Mailo must complete a Successful Patient Interactions course (this requirement was satisfied in 2019).
  • Mailo shall prepare and fulfill a personal learning plan on follow-up on investigations generated in the emergency department (Dr. Mailo implemented required practice improvements resulting from competence interventions in 2019, which satisfies this requirement).
  • Mailo is responsible for two-thirds of the cost of the investigation and hearing (final amount to be determined).

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

Learnings

Patients who seek care in any setting, whether it’s a clinic or emergency room, expect the physician who provided their care to follow up with the results of any testing or imaging that takes place as a result of the visit. Physicians have a responsibility to meet this reasonable expectation to ensure continuity of care and avoid any negative consequences to their patient’s health. Physicians are encouraged to review the standard of practice on Continuity of Care and reach out to CPSA with any questions.

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