"DR. SMITH IS INCOMPETENT, FELL BELOW THE STANDARD OF CARE AND ENGAGED IN DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT IN HIS PRACTICE OF PATHOLOGY AND HIS WORK PROVIDING EXPERT EVIDENCE THERETO."
FORMAL ALLEGATION MADE AGAINST DR. CHARLES SMITH BY COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO;
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Dr. Charles Randal Smith has been served a notice of hearing which requires him to appear before a tribunal of the College of Physicians and Surgeons of Ontario to face charges of professional conduct, this Blog has learned.
The notice, dated October 19, 2009, charges that he acted unprofessionally by failing "to maintain the standard of practice of the medical profession" and by engaging "in conduct or an act or omission relevant to the practice of medicine that, having regard to all of the circumstances, would be regarded by members as disgraceful, dishonourable or unprofessional."
The notice also alleges that Smith, who has been connected with numerous misdiagnoses which led to miscarriages of justice, is "incompetent."
It gives no details of the alleged infractions other than to say: "Dr. Smith is incompetent, fell below the standard of care and engaged in disgraceful, dishonourable or unprofessional conduct in his practice of pathology and his work providing expert evidence thereto."
The notice, dated October 19, 2009, sets out the range of sanctions members found guilty of professional misconduct are exposed to, ranging from revocation of the certificate which allows them to practice medicine to fine and reprimand.
A note relating to Smith on the College web-site tells us that, "Allegations of Dr. Smith's professional misconduct and incompetence have been referred to the Discipline Committee of the College."
The College also discloses on its site that Smith's registration status in Ontario expired on August 9, 2008, when he failed to renew his membership - and that there are "no past findings of the Discipline or Fitness To Practise Committee."
(No mention is made of findings of professional misconduct in three separate cases which later played a prominent role at the Goudge Inquiry because, in spite of disturbing findings by three independent assessors, the reprimand sanction imposed was not considered serious enough to be publicly recorded on the College site.)
The College also tells us "No findings reported since June 4, 2009" in an apparent reference to the decision to try Smith before a discipline tribunal.
Although Smith is not currently practicing medicine in Ontario, it appears to this humble bloggist that the College is doing its best to insure that he will never be able to practice here in the future.
That's understandable given the criticism the College has been exposed to for imposing minimal sanctions on Smith on the three cases referred to above - when it had the opportunity to protect the public by removing him or at least imposing tight controls on his practice - and given the fact that it had to be forced by an administrative body to take action against him.
Commissioner Stephen Goudge, who's public inquiry centered around the role Smith played in Ontario's forensic pediatric pathology system, found that former Chief Coroner Dr. James Young had asked the College not to take on the three complaints. This Blog has also learned that Young remains under investigation by the College.
Smith was found guilty of professional misconduct by Saskatchewan's College in 2007 after entering a guilty plea to a charge that he provided false or misleading information to the College when applying for a licence to practise medicine.
He received a reprimand and was required to pay the costs of the investigation for failing to disclose that he had come under investigation in Ontario.
Smith will now have the opportunity to obtain a lawyer and receive disclosure about the allegations which have been brought against him here before a date is set for the hearing.
The College's web-page on Smith can be found at:
http://www.cpso.on.ca/docsearch/details.aspx?view=1&id=%2031811
Harold Levy...hlevy15@gmail.com;
