Winnipeg woman calls for changes after being referred to surgeon disciplined for inappropriate conduct

A file photo of a physician’s examination room. (CTV News)

A Winnipeg woman says more information needs to be shared with patients who are referred to disciplined physicians, especially when their misconduct involves inappropriate behaviour.

Kaylah Jesso was recently referred to Fort Whyte Orthopedics and orthopedic surgeon Dr. David Ames in September for a foot injury.

When she arrived at the clinic, she noticed a sign in the waiting room that stated Ames was required to have “a female present during all encounters with female patients.”

“I’m a survivor of sexual assault, so that stuff is kind of heightened for me,” she said. “I do wish I would have just walked out when I saw it, but unfortunately, I didn’t, after I realized who he was and what had happened.”

According to a 2022 decision from the College of Physicians and Surgeons of Manitoba, Ames was found to have inappropriately communicated with a female patient, including sending an image of male genitalia and “exploiting her for his personal advantage.”

The decision also found he attempted to mislead the College of Physicians and Surgeons investigators.

Part of the consequences involved a six-month suspension and multiple conditions, including not communicating with patients outside of the clinic except in specific circumstances. He is also required to have an attendant with him for any clinical encounter with female patients.

Jesso said though nothing inappropriate occurred during her appointment with Dr. Ames, she felt uncomfortable afterwards and had she known about the conditions, she would have asked for a referral to another doctor before the appointment.

“I just felt stupid, first of all, for staying and angry that someone would refer me here,” Jesso said.

In a statement, Fort Whyte Orthopedics said they could not comment on the specific case due to patient confidentiality rules, but said the clinic has “established protocols for investigating complaints, and we are committed to providing high quality care to every individual.”

“If a patient has concerns, we encourage them to contact us directly so we can address them appropriately - every effort is made to accommodate patient’s needs and wishes,” the statement reads.

CTV News reached out to Dr. Ames via Fort Whyte Orthopedics to ask if he would be responding. The clinic confirmed their statement “will suffice” for his response.

Jesso said she believes more needs to be done to inform patients about any misconduct or discipline received by doctors before being referred to them.

“They should have to tell you that before you’re even allowed to book the appointment,” she said.

Kathy Kovacs Burns, president of Patients for Patient Safety Canada, an advocacy group, said it is important for patients to look up their doctors and nurses before attending appointments to find any issues.

“It’s a little bit of a self-checklist for ensuring that I’m walking into that referral with a little bit of knowledge and background,” she said.

Kovacs Burns added that having an attendant with a doctor during the examination is helpful.

“It’s telling me that the attendant or that assistant is there for me to ensure that my examination is going to be safe and that the person who’s examining me is going to be following protocol,” she said.

The College of Physicians and Surgeons of Manitoba sent a statement saying they encourage patients to use their online database of physician profiles which includes discipline and misconduct.

“The Practitioner Profile Search supports informed decision-making for patients,” the email said in part, saying many people are not aware of the tool. “The directory provides details about physicians, clinical assistants, and physician assistants’ education, training, primary practice location, restrictions or conditions on their practice, and any previous disciplinary actions. It is available online and is updated in real time.”

Jesso said she has now been referred to another physician to continue her care.

“I have been referred to a different doctor who is a woman,” she said in a written follow-up communication. “But the wait could be very long.”

-With files from CTV’s Katherine Dow