On 5 May 2016 a class action was filed against Pierre Dupont, The Ottawa Foot Practice and the College Of Chiropodists Of Ontario for $15 million in the Ontario Superior Court. The case involved action against the registered chiropodist Pierre Dupont on behalf of patients that had stents implanted by him. As Mr Dupont was previously banned as a dentist in Quebec, the College was named as a party to the action for allegedly failing to fulfill their duty to protect the public by not disclosing to the public information that Dupont had past medical errors and complaints.
The complaint points to the College’s own rule:
“The applicant must not have been found guilty of professional misconduct, incompetence or incapacity, in Ontario in relation to another health profession, or outside Ontario in relation to chiropody or another health profession,”
The allegation is that the college went against its own policy in allowing Dupont to practice in Ontario.
The College was asked about this by CBCNews and the college registrar Felecia Smith said there are sometimes exceptions:
“It does not mean that if an applicant has a finding of professional misconduct in another profession, no matter how long ago and no matter what the actual misconduct was, that the applicant can never be registered as a chiropodist in Ontario. The application and all of its relevant facts must be considered by the registration committee,”
It was only after a CBCNews investigation did the College act to place restrictions on Duponts practice.
The full text of the complaint against the College in the class action is:
B. As to the defendant, the College and its servants, agents and employers, for whose negligence the college in law responsible:
(a) it knew or ought to have known that Dr. Dupont had been found guilty of professional misconduct in a health profession and granted him a Certificate of Registration at the College, when it was unreasonable (and against its own policies to do so) certifying him to practice Chiropody in Ontario;
(b) it granted Dr. Dupont a licence to practise / Certificate of Registration when it knew or ought to have known that Dr. Dupont was incompetent and a danger to the Plaintiff and the Class;
(c) it knew or ought to have known that Dr. Dupont was incompetent and failed to maintain adequate monitoring and/or supervision of his practice to the detriment of the Plaintiff and the Class;
(d) it knew or ought to have known that Dr. Dupont was an incompetent medical professional with a history of misconduct and it failed to take appropriate steps to prevent further misconduct by Dr. Dupont to the detriment of the Plaintiff and the Class;
(e) it failed to develop, establish and maintain standards of qualifications of persons to be issued Certificate of Registrations to the detriment of the Plaintiff and the Class;
(f) it knew or ought to have known that Dr. Dupont was incompetent and/or had a history f misconduct and failed in its duty to investigate allegation against Dr. Dupont in good faith and take appropriate action;
(g) it failed to have in place adequate systems to monitor the competence of the Chiropodists practising in Ontario, such as Dr. Dupont, including their complication rates and history of professional misconduct and incompetence, to the detriment of the Plaintiff and the Class;
(h) it failed to take appropriate action following receipt of complaints regarding Dr. Dupont to the detriment of the Plantiff and the Class;
(i) it failed to have in lace adequate systems to monitor he use of unapproved products in practice environments and the safety thereof, to the detriment of the Planintiff and the Class;
(j) it failed to develop, establish or maintain standards of professional ethics for its members as is necessary to protect the Plaintiff and the Class;
(k) it failed to regulate the profession and govern its members in accordance with its governing legislation to the detriment of the Plaintiff and the Class; and,
(l) it knew or ought to have known that Dr. Dupont was a danger to the Plaintiff and he Class and failed to take appropriate action.
Full Statement of Claim:
In early 2017, the College was removed from the class action.
Related Topics:
Pierre Dupont | Pierre Dupont Complaints | Class Actions
External Links:
Press release from lawyers
Banned for life from dentistry in Quebec, now a foot doc in Ontario (Podiatry Arena)
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