Wednesday, November 19, 2008

Psychiatrist pays for misconduct

A report from the Hamilton Spectator, near Toronto, Canada

A Hamilton psychiatrist has been handed an expensive penalty after a disciplinary panel accepted his admission of professional misconduct.

Dr. Brian Kirsh, medical director of the chronic pain management unit for Hamilton Health Sciences at Chedoke Hospital, appeared before the College of Physicians and Surgeons of Ontario yesterday.

A friend of Kirsh's alleged in 2007 the doctor failed to indicate the friendly, rather than professional, nature of a meeting where the man and his wife sought marital advice.

The panellists said Kirsh had blurred professional boundaries and they expected he would not make the same mistake again.

He was told to pay the $3,650 hearing cost, to take a $1,200 professional boundaries course and to make results of the hearing public online.

Before coming to Hamilton in 2003, Kirsch ran a family medical practice in Thornhill. He was friends with the couple for 18 years. The wife asked if he would meet with her and her husband. All three were members of the same religious community, and Kirsh and the woman worked together in that community. They met at his Thornhill practice in March 2007.

Kirsh asked the woman for her OHIP card at the beginning of the meeting, during which he advised them to seek a professional marriage counsellor for the troubles in their relationship.

The woman later told the college she understood Kirsh met with them as a family friend. The man, however, thought it was as a professional.

The woman asked to meet with Kirsh again that year. The two met at his office, where Kirsh told her he had feelings for her. She told him she was ending her marriage for reasons unrelated to him. The couple separated soon after.

Before the husband filed his complaint, Kirsh e-mailed him to apologize for any confusion and said he had seen the couple in a "spirit of friendship."

An agreed statement of facts says Kirsh admits to professional misconduct by taking the woman's OHIP card before the first meeting, by seeing them in his former medical office and by failing to "communicate clearly (to the man) that he was not seeing the couple in his professional capacity."

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