A professional discipline panel found that the member committed professional misconduct arising from a systemic pattern of unnecessary radiographs, false and misleading insurance billings, billing for services not performed, charging excessive or unreasonable fees, failing to collect co-payments, and failing to provide complete patient records to the regulator.
Applying the civil standard of proof from F.H. v McDougall, the panel relied heavily on documentary records and found the billing discrepancies too numerous and persistent to be explained as innocent clerical mistakes.
The panel rejected the position that responsibility for billing errors could be delegated to staff, holding the clinic owner responsible for the conduct of the office and the claims submitted under his name.
The publication restriction protecting patient identities remained in force.
