"Dr. Smith exaggerated his experience, or conversely, failed to disclose his lack of experience in the area of forensic pathology. Dr. Smith offered opinions outside of his area of expertise. Dr. Smith gave evidence that was unbalanced, overly dogmatic or failed to acknowledge uncertainty or controversy, and which was speculative, unsubstantiated and not based on pathology findings;"
STATEMENT OF FACTS; COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO;
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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent - and revoked his license to practice medicine in the province. Smith admitted a series of allegations which were filed with the Court. I am printing this statement of facts which Smith admitted in its entirety as this is an important part of the public record. It will be noted that Smith stops short of admitting any intent to harm his victims. (I will be publishing series of six victim impact statements filed with the College in their entirety beginning tomorrow.)
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STATEMENT OF FACTS ADMITTED BY FORMER DR. CHARLES SMITH;
In particular, in multiple cases:
a) Dr. Smith failed to gather relevant information, undertake
appropriate investigations, and properly detail relevant
information;
b) Dr. Smith, expressed opinions about the cause of injuries or death
that were either contrary to or not supported by the pathology
evidence at the time the opinion was first expressed or were no
longer supported after receipt of additional information;
c) Dr. Smith, formed erroneous opinions about the cause of death based
on non-specific findings, and he misinterpreted autopsy
findings;
d) Dr. Smith referenced aspects of the social history of the parents
or caregivers of the deceased child which were irrelevant to the
pathology;
e) Dr. Smith opined on the manner of death rather than exclusively on
the pathological cause of death;
f) Dr. Smith failed to respond to communications from coroners, Crown
Attorneys, police officers and other pathologists in an appropriate
and timely manner. Furthermore, Dr. Smith attempted to unfairly
shift responsibility for these failures to others. These failures
compromised the administration of justice;
g) Dr. Smith failed to create, maintain and preserve pathology
materials relevant to criminal investigations in the manner
expected of a pathologist acting pursuant to the Coroners Act.
These failures compromised the administration of justice;
h) Dr. Smith exaggerated his experience, or conversely, failed to
disclose his lack of experience in the area of forensic pathology.
Dr. Smith offered opinions outside of his area of expertise. Dr.
Smith gave evidence that was unbalanced, overly dogmatic or failed
to acknowledge uncertainty or controversy, and which was
speculative, unsubstantiated and not based on pathology findings;
i) Dr. Smith failed to provide his opinions to coroners, the police,
Crown Attorneys and/or the Court in a manner that met the standard
expected of a forensic pathologist in Ontario at the time. He gave
his evidence in a manner that was misleading, overly casual,
unfairly critical of other experts or unscientific. In other cases
he acted as an advocate rather than expressing an unbiased opinion.
Dr. Smith failed to adequately prepare for court; and
j) Dr. Smith failed to respond to inquiries from regulating bodies,
including the CPSO, with the candour expected of a member regarding
his involvement in certain of the cases under investigation. This
lack of candour prevented the regulating bodies from exercising the
degree of oversight that might otherwise have been exercised.
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The admitted facts can be found on the College site at:
http://www.cpso.on.ca/docsearch/details.aspx?view=4&id=%2031811
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com
