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Probe of Orillia dentist leads to appeal, launch of lawsuit

Dentist appealing order to hand over patient list, health unit defends decision, class proceeding launched
dental care dentist teethshutterstock_373410019 2016
File photo

An Orillia dentist is fuming about the Simcoe Muskoka District Heath Unit’s decision to go public with an investigation that determined “deficient cleaning and sterilization” practices at his Wyandotte Street clinic may have put patients at risk of contracting hepatitis and HIV.

The health unit made a public plea Wednesday urging patients who received dental treatment at Dr. Joe Philip and Associates between Jan. 1, 2012 and Dec. 18 of 2017 to see a doctor and to consider getting tested for the infectious diseases.

On Thursday, a Toronto law firm said it is “working with a patient” to commence a class proceeding against Dr. Philip, seeking $10 million in damages on behalf of patients.

A press release from Flaherty McCarthy LLP, which bills itself as a “prominent insurance litigation firm”, noted the health unit said patients may have been exposed to improperly cleaned and sterilized instruments.

While the release notes the allegations have not yet been proven in court, it states there remains a “very real and substantial risk of immediate and irreparable harm to class members if they do not take steps to contact their physician” to discuss testing for hepatitis B, hepatitis C and human immunodeficiency virus (HIV).

“Dr. Philip and his clinic have breached their patients’ trust. Their patients must undergo lengthy and invasive testing and face the risk of having infectious diseases,” said Sean A. Brown of Flaherty McCarthy LLP. “We will seek the assistance of the court to hold Dr. Philip and his clinic responsible to compensate their patients and family members for this extraordinary lapse in proper infection prevention and control practices.”

In a lengthy statement issued Wednesday night, Philip criticized the health unit for the way it conducted the probe and for how it shut down his practice on the third day of its investigation (Dec. 13, 2017) without notice to patients. In the statement, Philip said Dr. Colin Lee, the associate medical officer of health, “convinced myself and my colleagues not to appeal his decision as it would delay the reopening of my office.”

Philip said the health unit is “acting on their own accord instead of working with the” Royal College of Dental Surgeons of Ontario (RCDSO). Philip contends the RCDSO “did their own investigations into the matter and deemed the public was not placed at risk.”

The long-time Orillia dentist, who opened his practice in 2000, said he is also frustrated the health unit went public prior to his appeal, which is scheduled for March 13. He said the health unit “has decided to act as judge, jury and executioner by releasing a media statement containing false and inaccurate information in an attempt to cause unnecessary panic in the general public.”

Colin Lee refutes that accusation. He said health unit officials asked Philip to provide a list of patients “for the purpose of sending an individual tailored notification to patients.” Despite “granting multiple extensions to allow them to provide the list, the clinic did not provide the list. We ordered them and said it was necessary. Notwithstanding that order, the clinic did not provide the list.”

Philip has appealed the order asking him to release the patient list. The date of that appeal is set for March 13. However, Lee said he didn’t feel it was prudent to wait for a decision. The health unit “felt it had a responsibility to protect the public and felt we could not delay notification any longer because we didn’t want to have a scenario where affected patients could possibly transmit (infectious diseases) to a family member of member of the public because they didn’t know of the issue.”

He said the preferred practice is to notify patients individually – not through a media release. “My job is to ensure the public is protected. We worked very hard with the clinic to take the path that is preferred. But that did not work in this case.”

The “original order for corrective measures” was not appealed, Lee said. “(Philip) complied with it, the clinic did the corrective measures and we did not have any issues” with their practices once the process concluded.

As for the decision to ask Philip to close the clinic in December, Lee said time was needed to ensure the instruments and equipment being used were properly sterilized. “A clinic requires instruments. If there are no instruments available that are properly sterilized” it can’t be operational. The clinic was closed for two days after which the health unit provided permission for it to reopen.

Lee also said the health unit has worked closely with the RCDSO throughout the process. “Public health agencies are mandated to investigate any complaint against regulated health-care” providers, Lee said, noting his agency “communicated and co-ordinated with the governing bodies” such as the college. "Ultimately, it’s our responsibility to do a risk assessment and to communicate with the public when there is a risk to public safety at stake.”

Lee urges patients of the Orillia clinic to see a doctor to discuss getting tested. The cost of those tests is covered by OHIP, he said, and noted there are forms that can be used, in addition to commonly asked questions and other information about this issue on the agency’s website: www.simcoemuskokahealth.org.

The RCDSO told OrilliaMatters it cannot comment on an ongoing investigation.

Those interested in more information about the class proceeding are urged to email Candace Mak, [email protected]. Neither Mak nor Brown were available for comment Thursday.


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Dave Dawson

About the Author: Dave Dawson

Dave Dawson is community editor of OrilliaMatters.com
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