Ontario doctor who ‘engaged in sexual abuse of a patient’ reinstated

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A doctor stripped of his licence to practice in 2018 for having sex with a patient has been reinstated, though he will have to do so with “at least three months of moderate-level supervision,” according to the Ontario Physicians and Surgeons Discipline Tribunal.

After that, Dr. Sugan Kayilasanathan — who in an unrelated incident was acquitted in 2011 of sexually assaulting a medical student — will undergo “a period of low-level supervision” for at least three months until a college-appointed expert completes an assessment of his practice.

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“The risk of misconduct, in our view, is low, and can be managed with terms, conditions and limitations,” the five-person panel said in a written decision.

“We are also satisfied that Dr. Kayilasanathan is suitable to practise both in terms of protection of the public and the confidence of the public in the profession’s ability to govern itself.”

The disciplinary body revoked Kayilasanathan’s certificate of registration on Dec. 11, 2018, “after it found that he had engaged in the sexual abuse of a patient,” said the Nov. 19 decision. “Until 2018, he mainly practised at a family medicine and walk-in clinic.”

Shortly after he started practising in Ontario in 2010, “Kayilasanathan reconnected with Ms. A, someone he had met in the past. During a social evening, Ms. A mentioned an upcoming university examination for which she was not prepared. Dr. Kayilasanathan invited Ms. A to attend the clinic where he worked. Ms. A attended the clinic and during that attendance Dr. Kayilasanathan took a history, examined Ms. A and provided her with a medical note to excuse her from her examination,” said the decision.

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“A few days later, Dr. Kayilasanathan and Ms. A. engaged in sexual relations. Ms. A subsequently returned to see Dr. Kayilasanathan at the clinic where he worked for the purpose of obtaining another medical note to defer another upcoming examination. Dr. Kailasanathan provided her with a medical note. They did not engage in further sexual activity and lost contact.”

The college’s discipline committee concluded in 2018 that “Dr. Kayilasanathan engaged in the sexual abuse of a patient and in conduct that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable, or unprofessional.”

The “facts giving rise to the revocation are egregious,” said the recent decision reinstating Kayilasanathan.

“Sexual abuse of a patient including sexual intercourse is serious misconduct giving rise to mandatory revocation,” it said. “Even then, however, the legislation gives the revoked physician a right to reapply for registration, provided at least five years have elapsed since the revocation of a certificate of registration.”

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Kayilasanathan testified that he stopped drinking alcohol, which played a part in the 2010 incident that lead to revocation.

“While he never drank while working, he drank excessively while socializing outside work hours. He testified that it became clear to him that the clouded judgment caused by alcohol could alter the course of his life such that he stopped drinking alcohol in 2011 and changed his friend circle.”

Overall, Dr. Kayilasanathan represents a low risk to act in a violent or sexually aggressive manner in the future

He met his future wife, a registered nurse, in 2012, and they married in 2018, said the decision. “He testified that she too does not drink alcohol and is very supportive of him.”

Kayilasanathan has also been “attending and volunteering at his (Hindu) temple more regularly,” said the decision. “After 2018, he spoke with his priest multiple times per week discussing virtuous living and other related themes. He also helped coordinate COVID-19 vaccination clinics for the members of his community.”

Kayilasanathan and his wife moved in with his parents in 2020. “After the initial shame and shock, he described his mother and siblings as being particularly supportive.”

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He found it difficult to obtain work and eventually helped to start “a company that offered virtual health care and PCR testing for travel, and which now mainly functions as a health care recruitment and staffing agency for allied health professionals,” said the decision. “The company also provides access to health care to individuals without OHIP coverage. His wife and partners assume carriage of the day-to-day activities.”

Kayilasanathan has “engaged in intensive one-on-one coaching … on establishing and maintaining professional boundaries,” said the decision.

“He completed the PROBE program on professional/problem-based ethics, took a university record-keeping course and has taken multiple continuing medical education credits related to family medicine.”

Kayilasanathan testified that he’s undergone “a transformative process with the help of his spouse, family, priest, volunteer activities and education. His lifestyle is different from what it previously was, and he welcomes clinical supervision, ongoing psychotherapy and any Physician Health Program monitoring that may be recommended.”

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Kayilasanathan also underwent a comprehensive forensic psychiatric assessment conducted by Dr. Jonathan Rootenberg, said the decision.

“Overall, Dr. Kayilasanathan represents a low risk to act in a violent or sexually aggressive manner in the future,” Rootenberg said in his June 13 report.

“Regarding his conduct towards Ms. A, from a risk perspective, it is important to note that Dr. Kayilasanathan is not inherently antisocial, does not have any current issues with substance abuse, anger management or impulsivity, and does not have a personality disorder or paraphilic disorder of any kind. I have assessed many professionals, including physicians, and in my opinion Dr. Kayilasanathan is clearly not an individual who is ungovernable.”

A judge acquitted Kayilasanatha and Dr. Amitabh Chauhan in 2011 of sexually assaulting a medical student. Their trial focused on allegations of drugging and then sexually assaulting a woman in a hotel room after a night of drinking and dancing at a Toronto club. At the time, Justice Julie Thorburn said while it was agreed that the two doctors had a “sexual encounter” with the woman, she was not satisfied beyond a reasonable doubt that the woman was drugged and did not consent to the encounter.

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“Unrelated to the events leading to the revocation of his license, in 2011, Dr. Kayilasanathan was the subject of criminal charges relating to what he described in his testimony before us as consensual sexual activity (not involving Ms. A),” said the decision reinstating Kayilasanathan.

“He was subsequently acquitted of those charges. Given the acquittal and the absence of any other evidence before us, we have not relied on the criminal charges in respect of Dr. Kayilasanathan’s past conduct, his current suitability to practise or whether there is a risk of further misconduct.”

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