Toronto anorectal doctor stripped of medical licence after patients harmed by ‘profound’ misconduct: tribunal

The Ontario Physicians and Surgeons Discipline Tribunal revoked Dr. Ashwin Maharaj's medical licence. (Facebook)

A tribunal has revoked the licence of a Toronto doctor found guilty of misdiagnosing patients, violating consent and carrying out unnecessary and non-evidence-based procedures leading to harm.

The Ontario Physicians and Surgeons Discipline Tribunal issued the decision on Wednesday, saying that Ashwin Rajan Maharaj is incompetent and exposed his patients to harm through his proctology and gastroenterology practice.

Maharaj pleaded no contest to the disciplinary charges, a legal plea that allows a defendant to accept a conviction without formally admitting guilt.

“You performed anorectal examinations that were unnecessary or contraindicated, including examinations under propofol anesthesia without proper justification,” the college said in its tribunal decision delivered over videoconference on Wednesday.

“You misdiagnosed patients and proceeded to carry out unwarranted procedures, including treatments that are neither recognized, accepted nor evidence based. You demonstrated a lack of knowledge in your statements about anatomy and treatment options”

‘Fell below the standard of practice’

The tribunal further stated that Maharaj failed to obtain informed consent from his patients, and in some cases, obtained “blanket consent before examination and diagnosis, then determined and performed procedures while patients were sedated, without obtaining consent for the specific treatment delivered.”

“This approach fell alarmingly short of the standard of practice and compromised your patients’ ability to make informed decisions about their health care. Your documentation was not accurate, complete or comprehensive and fell below the standard of practice.”

The tribunal is requiring Maharaj to pay the college costs in the amount of $6,000 by Feb. 27.

Seven patients complained to the college about his assessment and treatment of a range of medical issues between 2019 and 2025, the tribunal said. In each of the cases, the college’s independent expert, a colorectal surgeon, concluded that the care provided to the patients fell below the standard of practice and demonstrated deficiencies in knowledge, skill and judgement, and exposed or was likely to expose them to harm.

‘Unacceptable risk of harm’

A subsequent investigation by the college included a further review of 10 patient charts, which revealed similar deficiencies, including misdiagnoses, unindicated and non–evidence-based procedures, and procedures performed under anesthesia without appropriate justification, the tribunal said.

“This placed patients at an unacceptable risk of harm. We also found that you engaged in disgraceful, dishonourable or unprofessional conduct by failing to properly store and destroy patient photographs, including sensitive and graphic images, and by sharing sensitive personal health information, including treatment videos, with another patient without patient consent,” the tribunal wrote.

“In doing so, you demonstrated a profound disregard for patients’ highly sensitive personal health information and breached the College’s policies on medical records, privacy and professional conduct. You further engaged in disgraceful, dishonourable or unprofessional conduct by misrepresenting insured services when offering uninsured services as an alternative, contrary to college policy.”

The tribunal further stated that in April 2024, he undertook to stop performing procedures that were not evidence based or consistent with the standard of practice but later breached that undertaking by continuing to perform non-compliant procedures.

“You also contravened a regulation under the Medicine Act by misrepresenting your title and/or qualifications by holding yourself out as a surgeon, despite not being certified by the Royal College of Physicians and Surgeons of Canada in a surgical specialty or subspecialty,” the tribunal said.

‘Cautioned and counselled’ multiple times

The tribunal stated that between 2003 and 2024, the College’s Inquiries Complaints and Reports Committee dealt with deficiencies in his documentation, informed consent, communication and adherence to standards of practice.

The former doctor was “cautioned and counselled on multiple occasions” in 2013 and 2016 and required to complete specified continuing education programs to address consent and communication.

The tribunal said that in 2024, four public complaints led to further cautions concerning non–evidence-based treatments, failures to obtain informed consent, inadequate history-taking and examination, and ethical concerns, which led to the April 2024 undertaking.

“Even though the ICRC emphasized the nature and importance of your professional obligation’s multiple times, you failed to ensure that you complied with them. The scope and seriousness of your misconduct is profound,” the tribunal said.

“Patients are entitled to safe, evidence-based care grounded in sound clinical judgment, informed consent, accurate documentation and respect for privacy. The breadth and severity of your misconduct has resulted in the revocation of your certificate of registration. We are confident that this most severe sanction is necessary to protect the public.”

On June 17, the 62-year-old former doctor was criminally charged with criminal negligence causing bodily harm by Toronto police.

The status of those charges is not immediately clear.

CTV News Toronto reached out to Maharaj’s lawyer but has not yet received a response.