'Disproportionate, unfair' and speculative: Professions tribunal overturns college ruling

Quebec’s top court for regulated professionals has overturned a ruling by the disciplinary council of the Collège des médecins du Québec, calling it “disproportionate, unfair and contrary to the principle of parity of sanctions.” In reviewing the April 2021 sanction against Dr. Diana Craciunescu, the three judges at the Tribunal des professions concluded that the college had erred in its decision to permanently restrict her from practising as an emergency room physician. A temporary restriction would have been more appropriate, ruled the tribunal, which replaced the college’s permanent restriction with one lasting six months. The college’s sanction, which included a three-month suspension, was the outcome of an incident in 2016, when Dr. Craciunescu had provided inadequate emergency care to an elderly patient, who subsequently died. Read: No biopsy, cytology or ultrasound: Ob-gyn suspended for missing patient's endometrial cancer However, in its ruling, the college mistakenly cited Dr. Craciunescu’s seven years of ER experience as an aggravating factor when, in fact, at the time of the incident she had been working in the emergency room for only four years. “The Council omits to place this experience at the time of the facts alleged in the complaint, they occurred in 2016 when the appellant had only four years of experience in this field,” wrote the tribunal. “This omission is all the more important since the Council considers this experience to be an aggravating factor.” The tribunal also rejected the college’s conclusion that Dr. Craciunescu had a high risk of recidivism, explaining that she had reoriented her practice in 2018 and is not considering a return to emergency medicine, but would like to have the option of doing so in 15 or 20 years. "In light of this evidence, the Council's conclusion with regard to the appellant's high risk of recidivism is based on elements of pure speculation which influenced the determination of the sanction to be imposed on her,” wrote the tribunal. Read: Doctor who left angry messages for public health insurer's lawyer gets one-month suspension Dr. Craciunescu’s ethical breaches were serious and deserving of a severe sanction, noted the tribunal. Imposing a six-month restriction on her ability to practise emergency medicine sends a message to other physicians that “such shortcomings are unacceptable.” The patient in question, an 80-year-old woman, saw Dr. Craciunescu in an outpatient setting after she had fallen head-first and experienced symptoms that included dizziness, nausea and vomiting. Dr. Craciunescu called for a cerebral CT scan but did not put in an urgent request, instead scheduling it for the following morning. Another doctor later requested an emergency CT scan, which showed cerebral bleeding that ultimately led to the patient’s death. Read: Flood of physician retirements a concern for the CMQ This article originally appeared in our sister publication Profession Santé and has been translated from the original French.

'Disproportionate, unfair' and speculative: Professions tribunal overturns college ruling

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