Thursday , July 29 2021

Oakville psychiatrist stripped of leave for sexually abusing his patient



Warning: follow the graphic content.

One fall afternoon in 2010, while Dr. Jane Gilbert was drinking with a patient in her home, she asked if he wanted help getting an erection.

This would prove to be the beginning of the end of his career in psychiatry.

But not before she also had sex with Patient A, whose identity is covered by a publication ban, in her home, her cottage, her Oakville hospital office, and a hotel room.

And not before taking patient A to a sex shop, a place he had never visited before, to try on a penis ring to maintain an erection.

All of this is presented in a statement of undisputed facts presented at the College of Physicians and Surgeons of Ontario where a panel of discipline took Gilbert out of his license, having discovered that she sexually abused a patient and committed professional misconduct.

Gilbert, who owns The Bear Clinic in Oakville, did not appear at the hearing, having sent two lawyers in place, who filed a no contest claim, which means she agrees with the disciplinary panel accepting the allegations . correct only for the purpose of the hearing, but also was not admitting guilt.

"Instead of providing help for this vulnerable patient during her most difficult time, she initiated a personal and sexual relationship with him to meet her own needs at the time," prosecutor Carolyn Silver told the panel on Wednesday.

It all began in October 2009, when patient A consulted Gilbert for a psychiatric consultation at the Oakville hospital. (Gilbert resigned from the hospital clinic in 2011 to open his own clinic.)

Patient A had been hospitalized for anxiety the previous month, having suffered from mental health problems after years of intense cancer treatment, according to a statement of fact.

During a September 2010 consultation with patient A, Gilbert began to cry, telling the patient that her husband was leaving her, the discipline panel said.

"Patient A did not know what to do. He gave a hug to dr. Gilbert to comfort her, "the statement said. "He invited Dr. Gilbert to his house to dine with him and his wife," which she accepted.

She then became friends with Patient A and his wife while still treating him, and started going to their house regularly at 7:30 in the morning and remained for hours while the patient's wife was at work, the panel was briefed. She would drink alcohol with him at home on Friday nights.

When she started sexual contact with patient A in her home in the fall of 2010, she told him that she wanted to "cultivate" this kind of friendship, "according to the statement of fact.

Patient A told her that having an erection was difficult as a result of a cancer-related surgery, and initially refused her offer to help him.

"Would not you like to get back on track and take it back to (your wife)?" She asked, according to the statement, and asked to see his penis.

"Should I help you with my mouth?" She continued, an offer that was also declined. But they ended up having some sexual contact that day, according to the statement, and would continue having sex several times in the future.

"Dr. Gilbert broke barriers with Patient A and then became involved in serious repeated acts of sexual abuse over several years," Silver said, noting that Patient A was "extremely vulnerable."

Gilbert also filled more than 90 prescriptions for Patient A, according to the panel, for drugs that include antidepressants, narcotics, sedatives, and erectile dysfunction pills. She even provided over-the-counter pills for erectile dysfunction, which she said had called for a "third world country."

Gilbert tried to end the sexual relationship in 2013, but continued until April 2014, according to the statement.

In January 2018, Gilbert was barred from practicing anyone unless in the presence of a health professional, awaiting the outcome of Wednesday's procedures, according to his profile on the college website. In addition to losing his license, Gilbert must credit $ 16,000 to cover patient therapy, in addition to paying $ 6,000 for the cost of Wednesday's hearing.

"Dr. Gilbert was who I thought was a very close friend of (my wife) and myself," wrote Patient A in a statement impacting the victim, which Silver read to the panel. "I felt it was the doctor and she was the patient.I became like a slave to her, I started to lose work and take better care of her than anyone.I have lost friends, my business and my wife.

"I would never trust a psychiatrist for the rest of my life."

In an unusual move, Gilbert's defense team – lawyers Trevor Fisher and Sonia Fabiani – objected to the media's request for access to expositions of the disciplinary hearing, including the statement of uncontested facts and the statement of the victim's impact. Patient A, noting that they contained personal information about the patient. A. The college was consenting to the release of the documents, subject to them being drafted to comply with the publication ban.

"The requested documents have also been read in the registry in the presence of the person (s) who requested access," the defense argued. "Publication of the documents would serve no public interest and would be highly damaging to Dr. Gilbert and patient A."

The discipline panel has teamed up with the media and will release the exhibits as soon as the essays are completed.

"The committee accepts that the request made by the media is for the purpose of accuracy and integrity in its reports, which is important given the fact that transparency is an accepted value for public hearings," panel chair John Langs. the exhibitions.

"The fact that parts of the documents were read in the register and available through a transcript … is not a reason to refuse access to these parts of the exhibits. Legislation is clear that the hearing is public, and the committee concludes that, for no good reason, the exhibits should be accessible to the public. "

Jacques Gallant is a Toronto reporter who covers legal matters. Follow him on Twitter: @JacquesGallant


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