Winnipeg surgeon suspended for inappropriate communication with patient

(File image)

A Winnipeg orthopedic surgeon has been suspended from practising for six months after being found guilty of sending an inappropriate photo to a female patient.

A decision from the College of Physicians and Surgeons in Manitoba (CPSM), released Mar. 8, found Dr. David Ames guilty of professional misconduct following an investigation into incidents involving a female patient between 2018 and 2019. The incidents included Ames making inappropriate sexual comments and sending a photo of male genitalia to the patient, and misleading the College of Physicians and Surgeons investigator.

“CPSM recognizes the emotional and psychological trauma coming forward with allegations such as these can cause complainants,” Anna Ziomek, CEO of the CPSM, wrote in a statement. “Patient safety is CPSM’s main priority. These types of allegations are deeply disturbing and damaging to the medical profession. Trust is the cornerstone of the patient-physician relationship and the public should have confidence that their physicians will treat them with dignity and respect.”

According to the investigation, the complaint involved a female patient who was born in 1971. Her name was not given. The patient was referred to Ames for a consultation regarding hip replacement surgery on both hips, which took place in December 2018 and Feb. 29 at Grace Hospital.

The investigation said Ames made inappropriate comments to the woman, describing her as “beautiful” and “hot” and that he sent text messages of a sexual nature to the patient.

The investigation found that one of the text messages sent was a photo of male genitalia, which Ames acknowledged he sent.

The patient also made a claim Ames made “sexual contact” with her during a clinical encounter, a claim Ames denied. The CPSM said the allegation was not proven, saying it, “Simply can not make a decision with respect to which version of those events is more probable."

When confronted with the misconduct claims, the CPSM found Ames was guilty of attempting to mislead the college during his communications and interview about the incidents.

The CPSM says Ames will remain suspended until a psychiatrist or psychologist with experience in assessing professionals who have committed “boundary violations” similar to what he was guilty of, has assessed him. He must also complete “remedial courses in maintaining appropriate boundaries and professional ethics,” the ruling reads.

In addition, when Ames returns to medicine, he will not practise solo, will be monitored to ensure safety and compliance and must have an attendant present as a chaperone with female patients for the entire encounter. Ames is also not allowed to communicate with patients outside of the clinic or other facility at which he provides medical care, “except to communicate abnormal test results or about patient health issues that cannot be dealt with in a regularly scheduled appointment. Details of these communications must be documented in the patient’s chart,” the CPSM.

In addition to the suspension, Ames has been fined $65,000, the total cost of the investigation.