Where a discipline committee concludes that a physician, accused of touching a patient’s chest for a sexual purpose, is found to have approximately examined the chest of a patient with bronchitis in a non-sexual manner, the committee commits a reversible error by nonetheless finding unprofessional conduct on the basis the conduct might reasonably be interpreted as sexual. This was the finding in Shamsuzzaman v. College of Physicians and Surgeons of Saskatchewan, 2009 SKQB 45, where the Queen’s Bench of Saskatchewan set aside a conviction for conduct “unbecoming, improper, unprofessional or discreditable” where the bylaws required that a conviction for sexual impropriety involve a medical examination either preformed in a sexual nature or not be for the purpose of an appropriate examination. The discipline committee found neither to be the case.
Shamsuzzaman v. College of Physicians and Surgeons of Saskatchewan, 2009 SKQB 45 (January 26, 2009)