Ontario Divisional Court Rules in Favour of Regulators in Suspending Doctor

2023-02-17

Ontario Divisional Court Rules in Favour of Regulators in Suspending Doctor

Feb 17, 2023 | Blog, General News

Ontario Divisional Court rules in favor of Regulators in Suspending Doctor

 
 
 

In a case involving Dr. Crystal Luchkiw and the College of Physicians and Surgeons of Ontario (CPSO), Justice William Chalmers ruled with the CPSO. A ruling that may well impact how Doctors interact with their patients in the future.

Whether we agree or not with Dr. Luchkiw’s stance on Covid-19, we should applaud her for deciding the best course of treatment for her patients. The fear Canadians should have, is your family Doctor losing their ability to think and treat as THEY feel is the best course of action for you, their patient. In this case one should ask how a regulatory body, the CPSO, who has never seen the patient knows how to best treat them.

In reading Ontario’s Ministry of Health “Medical Exemptions to Covid-19” it is clear that it is nothing more than a guideline as it “provides basic information only and is not intended to provide or take the place of medical advice, diagnosis, or treatment.” And here the fault lies with Ontario Health. Unless they were willing to listen to all medical and scientific professionals regarding evolving information around Covid-19 and be willing to continually update their information, then the process of guidance is flawed, and Doctors should be free to treat their patients as they see fit.

Dr. Luchkiw should still be commended by her peers. She clearly demonstrated a willingness to put the patients interests ahead of State. The Canadian Medical Association ‘s Code of Ethics and Professionalism lists five virtues of an Ethical Physician. No one can argue that Dr. Luchkiw does not rise above when it comes to Integrity and Prudence as set out in the Code. Further, despite not following the guidelines set out, Dr. Luchkiw clearly understands her role in considering the well-being of her patient, to act for the good of that patient and to promote the good of that patient.

Maybe the time has come for the CPSO to refresh their memories when it comes to the Code of Ethics and Professionalism. In the world of medicine, the cookie cutter approach will always fail the patient.

Police on Guard will always defend individuals’ rights as set out by the Charter of Rights and Freedoms.

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