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March 31, 1997
Doctor reprimanded by college still practising
By Helen Fallding
A London psychiatrist twice disciplined by his peers continues to see patients, despite facing further charges.
Dr. Stanley Dobrowolski, 50, is charged with misconduct of a sexual nature, failure to maintain the standard of practice of his profession, failure to maintain required records, incompetence and conduct that is disgraceful, dishonorable or unprofessional. A hearing scheduled for March 18 was cancelled and no new date has been set.
Dobrowolski was stripped of his licence for three months in 1995 and reprimanded in 1996 by the College of Physicians and Surgeons of Ontario. The rulings followed complaints by students Dobrowolski counselled when he worked at the University of Western Ontario's Student Health Services in the late 80s and early 90s. The outstanding complaints also date back to that time.
Dobrowolski resigned from Student Health Services in 1994 and now works out of an office in the basement of the large Victoria Street home he shares with his wife, schoolteacher Margaret Bucci, and their children. The with his wife, schoolteacher Margaret Bucci, and their children. The psychiatrist confirmed that "of course" he is practising, but he did not want to be Photo by Helen Fallding interviewed. Dobrowolski sees patients at his Victoria Street home Two women whose complaints were to be heard in March say the hearing was cancelled because the college is considering a proposal for resolution from Dobrowolski's lawyer.
If the college accepts the proposal, the women will not testify or give victim impact statements. "It cuts the witnesses out and he doesn't have to deal with us; he doesn't have to hear our stories," said one complainant.
The college has the power to suspend a doctor's licence pending a discipline hearing if the physician is considered likely to harm patients. The executive committee suspended Dobrowolski's licence prior to his first hearing, but has not done so in anticipation of the upcoming hearing.
The complainants worry that Dobrowolski's patients might not know his history. "I can't imagine that people are going to be asking to see his record before they take him on as a therapist -- unless they've been through something like this before," said one woman.
Potential patients can get information about a doctor's discipline record and pending hearings from a toll-free inquiry service run by the college. However, a woman staffing the line said few people call about doctors' records.
Dobrowolski admitted having a sexual relationship in 1988 with a 22-year-old female student who saw him after a suicide attempt. He was found not guilty of sexual impropriety because the college's discipline panel decided the relationship did not begin until after the young woman stopped being a patient. However, the panel ruled Dobrowolski's behavior "disgraceful, dishonorable or unprofessional" and also found him guilty of failing to maintain the standard of practice of his profession and failing to maintain required records. Dobrowolski's 12-month licence suspension was reduced to three months when he agreed to see a psychiatrist once a month and be supervised for the remainder of the year.
Under college guidelines adopted in 1992, psychiatrists are now prohibited from having sexual relationships even with former patients. Dobrowolski was disciplined under the previous policy, which did not define sexual abuse.
Last summer, Dobrowolski was reprimanded after being found guilty of professional misconduct for inappropriately demonstrating breast self-examination on a patient he counselled at the university. He was allowed to retain his licence with no restrictions.
Another young woman filed a formal sexual harassment complaint to the university in 1989, after Dobrowolski treated her for depression. The complaint was dropped when the woman refused to agree to the release of her medical records. She later filed a civil suit against both Dobrowolski and the university. The suit was settled out of court in 1995, for an undisclosed sum.
The college will not say how many complaints against Dobrowolski have yet to be resolved. The two women interviewed filed their complaints over two years ago and are frustrated with how long the college is taking to deal with them. Jill Hefley, manager of communications for the college, said that kind of delay is not unusual. There are no specific plans to speed up the process, but she said, "We're doing our best to try and not refer things to discipline that can be resolved in other ways."
One complainant, who cannot afford her own lawyer, has yet to see Dobrowolski's proposal in writing. "The college doesn't seem at all interested in my opinion. It's very unsatisfying."
The second complainant feels the college has been a bit more responsive since she hired her own lawyer a few months ago. She has read the proposal from Dobrowolski's lawyer and submitted a written response to the college. "They made it clear that my opinion would not be the deciding factor." The complainant does not want to reveal details of the proposal without consulting her lawyer.
Hefley says she cannot comment on the complainants' concerns because the case is ongoing. Despite stricter rules on sexual abuse following a 1991 task force report, suggestions that the college protects its own are still common. Sharon Danley, who co- facilitates the Survivors of Medical Abuse group in Toronto, believes the college accepts plea bargains from doctors to save money -- hearings cost over $17,000 a day -- and to avoid publicity. "When they let complainants have their voice, the media get involved and they get bad press, which the college doesn't need."
Danley, who was sexually abused by a doctor herself, has been offered financial compensation by the college to pay for counselling. But she refuses to have anything to do with psychiatrists and is fighting for the right to do what she wants with the money. "They're taking their money out of pocket A and putting it into pocket B without changing trousers."
She's equally unimpressed with the practice of sending abusive doctors to psychiatrists for treatment. "Send the offenders to a forum of survivors."
Danley believes the current system of self-regulation for health professionals is not working and should be abandoned. She wants to see discipline handled by an independent body that includes survivors of abuse as well as representatives from all health professions.
Ontario's Health Professions Regulatory Advisory Council is about to begin an evaluation of the complaints process for sexual abuse at each professional college. Groups such as Danley's will be consulted and the report should be ready by the end of 1998.
The researchers will assess whether procedures established under a 1993 law have addressed concerns raised by the earlier task force. "Has it resulted in physicians and other health professionals who are sexually abusing being identified and removed from practice?" asks Christie Jefferson, council chair.
If the process needs to be improved, Jefferson says the council will make recommendations to the Minister of Health, possibly including proposed amendments to the law.
While she can't anticipate the outcome of the evaluation, Jefferson believes it is necessary. "We certainly get lots of calls from members of the public who have concerns."