Friday, May 09, 2008

Ex-patient sues psychiatrist over sex abuse

From a report in the Calgary Herald

A city psychiatrist barred from practising medicine is facing a lawsuit from a former patient accusing him of "professional negligence and sexual abuse."

On Monday, the Alberta College of Physicians and Surgeons announced it had revoked Jeremy Roberts' licence to practise. A hearing found he'd had an inappropriate relationship with a patient that included sexual activity. The woman was not identified.

The patient's $250,000 lawsuit was launched independently from the college's investigation into Roberts' conduct.

The statement of claim says the woman went to see Roberts for treatment of anxiety, marital stress and postpartum depression.

The woman had two young children and was still married when she first visited Roberts in January 2003.

Ten months later, the woman alleges in the statement of claim, she and Roberts had sex in his office. They married in July 2005.

It was only when the woman was hospitalized for harming herself, the statement of claim says, that she revealed the secret relationship.

The woman makes allegations of negligence, breach of fiduciary duty and breach of contract against Roberts.

None of the accusations have been proven in court.

The woman accuses Roberts of getting involved in an intimate relationship when he should have known she "was inherently incapable of properly consenting to the sexual involvement."

The woman is claiming a series of injuries, including intense shame and guilt and an eating disorder.

In a statement of defence, Roberts denies he was the cause of his wife's troubles.

In late summer of 2003, the woman disclosed she had feelings for him and alleges he told her the same, according to the statement of claim.

But in the statement of defence, Roberts says he encouraged the patient to stay with her husband.

It also says the psychiatrist was "lonely, isolated, vulnerable and depressed following the breakup of his first marriage in 2001."

Roberts says he no longer considered her a patient in late 2003.

The statement of defence does not address when the two started their sexual relationship.

The statement of defence denies the woman came to any harm -- and says if she did, it was due to her pre-existing condition, and not because of Roberts.

"Dr. Roberts' treatment of the plaintiff was timely, skillful, competent, careful and appropriate," the statement of defence says.

"Dr. Roberts accurately diagnosed the plaintiff's conditions and provided a timely and appropriate treatment plan for them."

The woman, according to her claim for damages, said she had to keep the relationship secret. That meant she could not seek other treatment, the claim says.

Roberts became erratic during their marriage, says the claim, which accuses him of abusing the stimulant Dexidrine.

The woman began suffering "suicidal ideations," and cut herself. She was hospitalized for two months in November 2005.

"Despite the terror, shame and guilt she experienced, and the belief that she may drive (Roberts) to commit suicide, she disclosed her relationship with (Roberts) and sought medical help," the claim says.

The statement of defence, however, says it was Roberts who disclosed the relationship.

Although his licence has been revoked in Alberta, Roberts is still licensed to work in Ontario.

On Monday, a spokeswoman with the College of Physicians and Surgeons of Ontario said it will look at the facts of the case before determining if any action will be taken in its jurisdiction.

But one group wants disciplinary actions to be more swiftly adopted by other colleges.

The president of the Newfoundland and Labrador Provincial Advisory Council on the Status of Women said she doesn't believe medical bodies are doing enough to protect patient safety.

"It's our recommendation that there be mechanisms within each of the jurisdictions which would enable them to accept this kind of disciplinary action on the face of it without having to launch their own investigation," Leslie MacLeod said.

In November 2005, Newfoundland psychiatrist James Hanley was suspended in that province pending an investigation into allegations he'd had sex with a patient.

But despite that suspension, Hanley worked for 15 months in New Brunswick.

A spokeswoman with the College of Physicians and Surgeons of Alberta said every professional body in North America is notified of any disciplinary action against any physician.

Kelly Eby said the Alberta College has the power to suspend a physician who holds a licence in this province but is facing disciplinary action in another jurisdiction.

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