Dr. John Foote

The appellant physician appealed a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario, which imposed a 12-month suspension and a general prohibition on prescribing and administering controlled substances.

The appellant argued the Committee erred by departing from a joint submission that would have allowed him to continue prescribing in an in-hospital setting, and by imposing a 12-month rather than 6-month suspension.

The Divisional Court dismissed the appeal, finding the Committee provided adequate notice of its concerns, met the high threshold for departing from a joint submission, and imposed a fit and proportionate penalty given the appellant's severe clinical deficiencies.

A motion to adduce fresh evidence was also dismissed.

The plaintiff sued an emergency room physician for medical malpractice after losing his left testicle to torsion.

The plaintiff alleged the physician breached the standard of care by failing to perform a cremasteric reflex test, order a repeat ultrasound, and refer him to a urologist when he presented to the emergency department with testicular pain.

The court dismissed the action, finding that the physician met the standard of care by reasonably diagnosing epididymitis based on the patient's history, presentation, and a recent ultrasound showing normal blood flow.

The court also found that causation was not established, as the plaintiff did not prove he was suffering from intermittent testicular torsion at the time or that a urological consult would have saved the testicle.