Small claims court fines doctor for grabbing woman who took another patient's file

A B.C. doctor has been ordered by a small-claims court to pay $500. The payment was to a patient’s daughter who accused him of grabbing and beating her arm during a disagreement about a service fee. Dr. Chung Cheung Ko, a family physician in Vancouver, was found by a B.C. civil resolution tribunal to have used force without justification when he tried to retrieve a document that Li Zheng took from the reception desk as she and her father were leaving Dr. Ko’s clinic. According to the tribunal decision reported in InfoNews.ca, Zheng had taken her father to Dr. Ko for a physical exam but decided against the service because she did not agree with the fee Dr. Ko wanted to charge. On her way out, she took what she thought was a photocopy of her father’s identification when, in fact, it was a document containing another patient’s information. Read: Lawsuit claims child's severe brain injury could have been avoided with C-section Dr. Ko followed Zheng outside the clinic and demanded she give back the paper. When Zheng refused, Dr. Ko tried to grab the document from her. He subsequently called the police. Dr. Ko denied touching Zheng and insisted that he neither grabbed nor beat her arm or any part of her body. However the tribunal took Zheng’s side, citing his receptionist’s statement—which only detailed the disagreement on pricing but was “silent about whether Dr. Ko touched Ms. Zheng or not”—as well as the statements from Zheng and her father. "Although Dr. Ko says he only 'called out loudly' for Ms. Zheng to return the document, I do not accept this as it is inconsistent with both Ms. Zheng and her father’s statements," the tribunal ruled. "I find the weight of the evidence supports a conclusion that Dr. Ko did strike Ms. Zheng’s arm while attempting to retrieve the confidential document from her.” The tribunal also noted that there was no reason for Dr. Ko to use physical force. Read: Family files $2.7 million lawsuit over Indigenous woman's death in Quebec hospital “There is no indication Ms. Zheng was trying to leave the premises quickly or destroy the document,” the decision document stated. “I find Dr. Ko has not established he was permitted to use force to retrieve the document from Ms. Zheng. As a result, I find the force used was disproportionate in the circumstances." Zheng had submitted a doctor’s note stating she had suffered a minor injury from the altercation and claimed $5,000 in compensation for "arm pain and mental stress." However the tribunal observed that she didn’t seek rehabilitative treatment for her physical injury nor provide any evidence supporting her claim that she had suffered mental stress as a result of Dr. Ko’s actions. The Tribunal dismissed Zheng's claim for $5,000 and decided $500 was a "reasonable amount." Read: Resignation notice filed by hospital and posted by college triggers $37-million lawsuit

Small claims court fines doctor for grabbing woman who took another patient's file

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