HPARB created to defend doctors/surgeons --- Created to present a false impression that citizens have a recourse to appeal OCPS inept decisions
ONTARIO
 CITIZENS BEWARE! 
 THE HEALTH PROFESSION APPEAL AND REVIEW BOARD MERELY 
PRETENDS TO BE AN AVENUE FOR A CITIZEN TO QUESTION A DECISION FROM THE 
ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS.   WHEN HPARB RENDERS ITS 
DECISION AND PLACES IT ON THE PUBLIC REGISTER, THE SURGEON’S NAME IS 
REPLACED WITH HIS INITIALS “LK”.
  SO, HOW CAN THE CITIZENS OF ONTARIO BE WARNED WITH RESPECT TO THIS SURGEON??
  HPARB HAS MERELY CONTINUED THE COVER-UP OF NEGLIGENCE CAUSING DEATH. 
 
 Health Professions Appeal and Review Board
  In reply please quote: File # 13-CRV-0052
 July 31, 2013
  
 Ontario
 CONFIDENTIAL
  
  Mr. Arnold Kilby Mr. Byron Shaw
  
 Applicant Counsel for Respondent
  
 Dear Mr. Kilby and Mr. Shaw
 RE:     COMPLAINT REVIEW - MEDICINE
 ARNOLD KILBY AND LAZAR VICTOR KLEIN, MD
 Enclosed herewith is a true copy of the Decision and Reasons of the 
Health Professions Appeal and Review Board in the above-noted matter.
 While your file is now closed, please note that parties to Complaint 
Reviews of the Health Professions Appeal and Review Board have the right
 to request a judicial review of the Board's decision. You may wish to 
consider obtaining legal advice to determine what options are available 
to you. To request a judicial review contact the Divisional Court at 
416-327-5100.
 Yours sincerely,
 HEALTH PROFESSIONS APPEAL AND REVIEW BOARD
 ARNOLD W. KILBY -- THE HEALTH PROFESSIONS APPEAL AND REVIEW BOARD 
FAILED TO INVESTIGATE MY COMPLAINT.  THEIR OWN PROCESSES AND UNTIMATE 
DECISION ARE “UNREASONABLE” AND “INADEQUATE”
 
 SO, HOW THEY ARRIVED AT THEIR CONCLUSION THE COLLEGE’S THIRD DECISION WAS “ADEQUATE” AND “REASONABLE” IS AN ABSOLUTE MYSTERY??
 
 Anna Dunscombe Case Officer
 Encl:    Decision dated July 31, 2013
 cc:        College of Physicians and Surgeons of Ontario (CPSO File # 86981)
 
 I HAVE NOT STATED ANYTHING THAT WAS NOT INCLUDED IN MY THIRD APPEAL SENT TO HPARB 
 151 Bloor Street West, 9th Floor Toronto, Ontario M5S 1S4
  
 Tel/Tele 416-327-8512 Toll free/Sans frais 1-866-282-2179
 TTY/ATS 416-326-7TTY(889)
 TTY Toll free/ATS sans frais 1-877-301-OTTY(889)
 Facsimile/Telecopieur 416-327-8524
  
 151, rue Bloor ouest, 9° etage Toronto, Ontario M5S 1S4
  
 File# 13-CRV-0052
 HEALTH PROFESSIONS APPEAL AND REVIEW BOARD
 PRESENT:
 Thomas Kelly, Vice-Chair, Presiding Stephen Jovanovic, Vice-Chair Brenda Petryna, Board Member
 Review held on June 5, 2013 at Toronto, Ontario
 IN THE MATTER OF A COMPLAINT REVIEW UNDER SECTION 29(1) of the Health
 Professions Procedural Code, Schedule 2 to the Regulated Health 
Professions Act, 1991, Statutes of Ontario, 1991, c. 18, as amended
 BETWEEN:
  
 ARNOLD KILBY
  
 Applicant
  
 and
  
 Respondent
 Appearances:
 The Applicant:
 Support for the Applicant:
 Support for the Applicant:
 Support for the Applicant:
 For the Respondent:
 For the College of Physicians
 and Surgeons of Ontario:
  
 LAZAR VICTOR KLEIN, MD
 Arnold Kilby
 Murray Kilby
 Hilda LeBlanc
 Maie Liiv
 Katherine Booth, Counsel
 Angela Bates (by teleconference)
  
 DECISION AND REASONS
 I.         DECISION
 1.         It is the decision of the Health Professions Appeal and 
Review Board to confirm the decision of the Inquiries, Complaints and 
Reports Committee of the College of Physicians and Surgeons of Ontario 
to:
  
 (i) advise Lazar Victor Klein, MD, to continue to consider
 the use of prophylactic antibiotics at the time of conversion from 
laparoscopic procedure to open laparotomy based on the evolving standard
 of practice;
 (ii) advise Lazar Victor Klein, MD, to individualize the use of pre-operative
 prophylactic antibiotics for patients where it is warranted based on the evolving standard of practice; and
 (iii) counsel Lazar Victor Klein, MD, on the timely documentation of discharge summaries.
 2. This decision arises from a request made to the Health Professions 
Appeal and Review  Board (the Board) by Arnold Kilby (the Applicant) to 
review a decision of the Inquiries, Complaints and Reports Committee 
(the Committee) of the College of Physicians and Surgeons of Ontario 
(the College). The decision concerned a complaint regarding the conduct 
and actions of Lazar Victor Klein, MD (the Respondent). The Committee 
investigated the complaint and decided to counsel and advise the 
Respondent as described above.
 II.   BACKGROUND
 3. This is the third Review by the Board of this matter.
 4. On July 21, 2006, the Applicant's daughter, Ms. Terra Dawn Kilby 
(the patient), died at the age of twenty-eight following her discharge 
from the Humber River Regional Hospital (the Hospital). The Respondent, a
 general surgeon, had performed an operation on her to remove a growth 
located in her abdomen.
 5. After commencing a laparoscopy on July 
11, 2006, it became apparent that the growth had attached itself to the 
patient's colon and kidney. The Respondent converted the surgery to an 
open operation and removed the mass and part of the patient's colon. 
 AWK—SURGICAL RECORDS SHOW HE KNEW BEFORE HE CONVERTED FROM LAPARASCOPIC 
TO LAPAROSCOPIC SURGERY.
 6. The Respondent did not administer antibiotics to the patient before or during the surgery.             
 Procedural History
 7. In June 2007, the Applicant complained to the College about the 
Respondent's care of his daughter. The College's Complaints Committee 
(the predecessor to the Inquiries, Complaints and Reports Committee) 
investigated the complaint and issued a decision on January 16, 2008.
 8. The Complaints Committee summarized the Applicant's complaint by 
stating that the Applicant was concerned the Respondent failed to 
provide appropriate care in the management of his daughter, in that the 
Respondent:
 
 • failed to provide adequate post-operative care to [the patient] as he did not regularly assess her or her wound;
 • failed to provide the pathology results to [the patient];
 • failed to increase [the patient]'s diet in a timely manner;
 • released [the patient] from the hospital too soon as [the patient] was still
 not eating solid food upon discharge.
 
 9. After reviewing the Record compiled in its investigation, the 
Complaints Committee decided to take no further action. The Complaints 
Committee found that the Respondent provided appropriate care. It 
described the patient's case as "extremely unusual" and said that it 
"could find no information in the hospital chart or other medical 
records to predict the horrific outcome, nor any information to suggest 
that there were flaws in [the Respondent's] surgery or the care he 
provided that directly or indirectly resulted in [the patient's] 
untimely death."
 10. The Applicant, dissatisfied with this decision,
 requested a review by the Board. The Board conducted a review and in a 
decision dated March 31, 2010 [A.K. v. L.V.K., 2010 CanLII 44390 (ON HP 
ARE)], the Board concluded that the Committee's decision was 
unreasonable and referred the matter back to the Committee "for further 
consideration, any further investigation it might in its discretion find
 warranted, and the issuance of a new decision." The Board found that 
the Committee's reasons lacked a level of detail to demonstrate that it 
considered all relevant factors in arriving at its conclusion that the 
physician's conduct was within acceptable standards, and outlined five 
points raised by the Applicant that the Board could not confirm the 
Committee had put its mind to:
 • the Applicant pointed to consistent observations in the nursing charts of a
 foul odour and an oozing incision with large, purulent discharge - 
commencing July 15 and continuing to the date of his daughter's 
discharge on July 20. He remained unclear as to whether this might have 
been an indication of something more than a superficial wound infection 
warranting further medical investigations;
 • there are concomitant nursing notes documenting the patient's increasing
 abdominal distension - from flat, to rounded, to large - leading up to the date of her discharge;
 • the Applicant questioned whether his daughter ought to have been ordered
 antibiotics when the incision became infected and queried whether the 
laboratory results of the swab taken revealed matters for concern;
 • the Applicant had asked the College whether the infection his daughter
 had might have caused disseminated intravascular coagulation (DIG); and
 • the Applicant continued to question whether it would have been expected
 for a physician to order an investigative diagnostic test such as a CAT
 scan after an infection was first noted.
 11.       Following this decision, the Applicant supplemented his 
original complaint, and stated that, in the Respondent's care there had 
been:
 • pre-operative negligence in that antibiotic prophylaxis was not given and
 bowel cleansing did not occur prior to the surgery;
 • post-operative negligence in that the patient's nutritional needs were not
 met following the surgery, and as a result, her surgical wound could not heal.
  
 12. The Committee received further submissions from the parties and a 
report from an independent opinion provider and issued a decision on 
July 15, 2011. In this decision, the Committee counseled the Respondent 
on timely documentation of discharge summaries and suggested that he may
 wish to consider the use of pre-operative antibiotics for bowel surgery
 in future. The Committee took no further action.
 13. The Applicant, dissatisfied with this decision, requested a second review by the Board.
 The Board conducted a review and in a decision dated November 25, 2011 
[AK v LVK,2012 CanLII 39837 (ON HP ARE)], decided to return the decision
 to the Committee and require it to further consider and clarify its 
decision concerning the use of pre-operative antibiotics and the 
standard of practice. The Board confirmed the Committee's decision to 
counsel the Respondent on timely documentation of discharge summaries 
and to take no further action on the other aspects of the complaint.
 The Committee's Decision
 14. The Committee carried out further investigations that included 
further submissions from the parties and the independent opinion 
provider (IOP) and in a decision dated,
 November 22, 2012, determined to
 (i) advise the Respondent, to continue to consider the use of prophylactic
 antibiotics at the time of conversion from laparoscopic procedure to open
 laparotomy based on the evolving standard of practice;
 (ii) advise the Respondent to individualize the use of pre-operative prophylactic
 antibiotics for patients where it is warranted based on the evolving standard of
 practice; and
 (iii) counsel the Respondent on the timely documentation of discharge summaries.
  
 III. REQUEST FOR REVIEW
 15. Dissatisfied with the decision of the Committee, in an e-mail 
letter dated January 18, 2013, the Applicant requested that the Board 
review the Committee's decision of November 22, 2012.
 IV. POWERS OF THE BOARD
 16. After conducting a review of a decision of the Committee, the Board may do one or more of the following:
 a) confirm all or part of the Committee's decision;
 b) make recommendations to the Committee;
 c) require the Committee to exercise any of its powers other than to request a Registrar's investigation.
 17. The Board cannot recommend or require the Committee to do things 
outside its jurisdiction, such as make a finding of misconduct or 
incompetence against the member, or require the referral of allegations 
to a discipline hearing that would not, if proved, constitute either 
professional misconduct or incompetence.
 V. ANALYSIS AND REASONS
 18.      Pursuant to section 33(1) of the Health Professions Procedural
 Code (the       Code), being Schedule 2 to the Regulated Health 
Professions Act, 1991, the mandate of the Board in a complaint review is
 to consider either the adequacy of the Committee's investigation, the 
reasonableness of its decision, or both.  AWK---HPARB FAILED TOTALLY AND
 THUS DID NOT FULFILL ITS OBLIGATION UNDER THE ABOVE CODE AND ACT!
 
18. The Board has considered the submissions of the parties, examined 
the Record of Investigation (the Record), and reviewed the Committee's 
decision.
  
 Adequacy of the Investigation
 20. An adequate 
investigation does not need to be exhaustive. Rather, the Committee must
 seek to obtain the essential information relevant to making an informed
 decision regarding the issues raised in the complaint. 
 AWK—SO, WHY 
DOES HPARB COMPLETELY DISREGARD THE SURGICAL RECORD THAT PROVES DR. 
KLEIN KNEW ABOUT THE COLON RESECTION PRIOR TO CONVERTING TO OPEN 
ABDOMINAL SURGERY —“PROCEDURE ONE CLEARLY INDICATES – LAPARASCOPIC 
SURGERY FOR COLON RESECTION.” ????
 21. The Committee had before it the following documents:
 
 • Original investigation Record before the Committee in July 2011;
 • Committee decision of July 2011;
 • HPARB decision of June 2012;
 • Addendum report from the Independent Opinion Provider (IOP), received
 September 10,2012;
 • Correspondence with the IOP;
 • Further Information from the IOP, received September 12,2012;
 • Response from the Respondent, received October 4,2012;
 • Additional information from the Applicant
 
 22. The Applicant submitted that the Committee required a colorectal 
surgeon on the panel due to the particular complexity and issues of this
 case.
 23. The Board notes that the Committee was a specialized 
surgical panel which sought and obtained a report from an IOP who is a 
surgeon and whose practice consists of 80 to 90% colorectal surgery.
 24. The Board finds that the Committee obtained the necessary 
specialized expertise in the form of a report with addendum information 
from a colorectal surgeon and that it was therefore not necessary for 
the Committee to have a colorectal surgeon as a member of the panel.  
AWK—WHY DOES HPARB PLACE ABSOLUTELY NO CREDIBILITY TO THE OVER 100 
SURGEONS’ OPINIONS THAT I PROVIDED AND THE FACTUAL INFORMATION THAT I 
SUPPLIED???  THE COLLEGE PROVIDED NO SUPPORTING FACTUAL INFORMATION FOR 
THEIR OPINION.
 25. The Board further notes that the IOP report was 
sent to the parties for comment before the Committee came to its 
decision in this matter.
 26.     The Board finds that the 
Committee's investigation covered the events in question and yielded 
relevant documentation to assess the complaint regarding the 
Respondent's conduct and actions. 
AWK— “WHAT REVELANT DOCUMENTATION?  
ALL THE COLLEGE HAS EVERY SUBMITTED ARE OPINIONS,  NO FACTUAL 
DOCUMATION, NOTHING TO SUPPORT THEIR OPINION.
 27.  There is no 
indication of further information that might reasonably be expected to 
have affected the decision, should the Committee have acquired it. 
Accordingly, the Board finds that the Committee's investigation was 
adequate. 
 ****************
 AWK—HOW ABOUT THE TRUTH--- DR. KLEIN
 KNEW ABOUT THE COLON RESECTION THAT WAS REQUIRED, TRIED IT 
LAPARASCOPICALLY AND THEN CHANGED TO  OPEN ABDOMINAL SURGERY!!!!!!  AND 
WHAT HAPPENED WITH REGARD TO THE COLLEGE’S OWN WORDS FOUND IN THE SECOND
 DECISION:
 Page 6 of College’s Second Decision
 “The routine use 
of antibiotics prior to bowel surgery is an important aspect of care 
that was neglected by Dr. Klein in this case. The Committee would 
suggest that Dr. Klein consider the routine use of antibiotics in such 
circumstances. Having said that, we do not consider this oversight to 
have contributed to the unfortunate outcome in this case.”
 Page 5 of College’s Third Decision  
AWK—HOW CAN HPARB IGNORE THE WORDS ‘NEGLECTED’ AND ‘OVERSITE’
 
 • “The routine use of antibiotics prior to bowel surgery is an 
important aspect of care that was neglected by Dr. Klein in this case. 
The Committee would suggest that Dr. Klein consider the routine use of 
antibiotics in such circumstances. Having said that, we do not consider 
this oversight to have contributed to the unfortunate outcome in this 
case.”
 PLUS THE OTHER EVIDENCE THAT CLEARLY CONTRADICTS THE 
COLLEGE’S THIRD OPINION THAT DR. KLEIN DIDN’T KNOW THAT HE HAD TO DO A 
COLON RESECTION UNTIL AFTER HE CONVERTED TO OPEN ABDOMINAL SURGERY!!!!!
 In response to a request for further information from the College, the IO provider also set out the following information:
 • The standard of practice would be to administer prophylactic 
antibiotics in connection with laparoscopic procedures if the bowel were
 involved; however, in this case, Dr. Klein believed he would be dealing
 with a cyst only and not opening the bowel, so the standard would not 
require administration of prophylactic antibiotics for the laparoscopic 
procedure.
 
Note the Procedure Desc. 
 “Laparoscopic Colon Resection Attempted For Mesenteric Mass”
  
 And from Dr. Taylors’(the College’s I.O)letter to Angela Bates May 8th, 2011, 
 “During the surgery on July 11 2006, Dr. Klein realized that the mass 
was not separable from the colon or retroperitoneum and obtained 
consultation with a colleague and went ahead with an open right 
colectomy. This is well documented in the operative note on page 48.”
 
 OPERATIVE PROCEDURE        I-/  Diagnostic laparascopy  
                                                    2-/ Open right hemicolectomy and excision of mesenteric cyst.               
 PROCEDURE;  
 At the time of laparoscopy, a large cyst could be seen in the mesentery
 of the right colon.  It was densely adherent to the bowel as well as 
densely adherent to the lateral abdominal wall.  It felt very solid and 
not at all in keeping with a simple mesenteric cyst.  We therefore made 
the decision to convert to an open procedure.
 ************************************
 Reasonableness of the Decision
 28. In considering the reasonableness of the Committee's decision, the 
question for the Board is not whether it would arrive at the same 
decision as the Committee, but whether the Committee's decision can 
reasonably be supported by the information before it and can withstand a
 somewhat probing examination. In doing so, the Board considers whether 
the decision falls within a range of possible, acceptable outcomes that 
are defensible in respect of the facts and the law.  
AWK---HOW ON EARTH 
CAN HPARB FIND THE DECISION REASONABLE WHEN THERE  WAS ABSOLUTELY NO 
SUPPORTING INFORMATION?  --- ACTUALLY THERE WERE SOME CONTRADICTORY 
STATEMENTS.
 29. The Board returned the previous decision to the 
Committee, "to further consider and clarify its decision concerning the 
use of pre-operative antibiotics and the standard of practice".
 30. 
The Committee in its 2011 decision sought and obtained an opinion from 
an IOP. After receiving the Board's 2011 decision, the Committee asked 
the IOP to clarify his opinion and asked him the following question:
 Can you please clarify your statement about antibiotic administration 
at the time of conversion to an open procedure, and whether failure to 
do so amounts to a failure to meet the expected standard of the 
profession?
 
 31. The IOP replied as follows:
 The issue of 
antibiotic administration at the time of conversion to an open procedure
 is really not relevant to the outcome for this patient. Antibiotics 
administered preoperatively prior to laparoscopic or open colorectal 
surgery are used by most general and colorectal surgeons, as they have 
been shown to reduce the incidence of wound infection, but really have 
no bearing on the incidence of anastomotic leak. Prophylactic 
postoperative antibiotics are thought to be unnecessary by many people. 
They really have very little impact on wound infection. 
AWK---BUT DID 
HPARB CONSIDER THE FACT THE COLON RESECTION BROKE DOWN DUE TO THE TISSUE
 DYING (CORONER’S REPORT) AND THAT THERE WAS A TEST RESULT THE CAME BACK
 –‘MANY GRAM NEGATIVE BACILLI’ AND THE ABDOMINAL INCISION WAS INFECTED 
(HOSPITAL RECORDS)   REMEMBER—TERRA RECEIVED ABSOLUTELY NO ANTIBIOTICS 
WHAT-SO-EVER!!!!
 32. Upon receipt of this report, the IOP was 
telephoned and asked for clarification, " if it was considered the 
standard of practice to administer prophylactic antibiotics in 
connection  with (a) laparoscopic procedures not involving the bowel; 
and (b) open bowel
 resections."
 33. He replied:
 The standard
 would require administration of prophylactic antibiotics in connection 
with laparoscopic procedures if the bowel were involved; however, in 
this case, Dr. Klein believed he would be dealing with a cyst only, so 
the standard would not require administration of prophylactic 
antibiotics for the laparoscopic procedure.
 The standard of practice
 for open bowel resections is to provide antibiotic prophylaxis. 
However, he further clarified that such administration would not reduce 
the risk of anastomotic leak.
 34. The Committee considered the lOP's
 comments. It noted that at this time there is no consensus in the 
medical community based on available research to support that 
antibiotics should be administered at the time of conversion from a 
laparoscopic procedure to an open laparotomy. As such, the Committee 
agreed with the IOP that the administration of antibiotics at the time 
of the conversion would not be required to meet the standard of 
practice.  
AWK---DID THE COLLEGE EVER PROVIDE WRITTEN DOCUMENTATION TO 
SUPPORT THEIR CLAIM ABOVE???  NO!
 35. Having determined that the 
standard of practice did not require the administration of antibiotics 
at the time of conversion, the Committee did however note that there 
might eventually be developments in medical research that will provide 
definitive support for the use of antibiotics at the time of conversion.
 It determined that it would advise the Respondent to continue to 
consider the use of prophylactic antibiotics at the time of conversion 
from laparoscopic procedure to open laparotomy based on the evolving 
standard of practice.
 36. The Committee further acknowledged that 
the Respondent indicated that he did appropriately consider the risks 
and benefits of administering antibiotics at the time of conversion, and
 ultimately determined that the risks outweighed the benefits. 
AWK---WHAT ARE THESE RISKS?  THEY WERE NEVER MENTION IN ANY OF THE THREE
 COLLEGE DECISIONS NOR DURING ANY OF THE THREE HPARB MEETINGS!!
 37. 
In addition, the Committee noted that, as supported by the IOP, the lack
 of antibiotics did not influence the unfortunate outcome given that 
there was no evidence of sepsis at the time of discharge from hospital.
 38. The Committee did however determine to advise the Respondent to 
individualize the use of pre-operative antibiotics where it is warranted
 based on the evolving standard of practice.
 39. The Board has 
considered the Committee's conclusions in this regard and finds them to 
be reasonable for the following reasons.
 40. As noted in the 
procedural history, the Committee has considered this matter on three 
separate occasions and the Board has considered the matter twice.
 
41. It was returned to the Committee to "further consider and clarify 
its decision concerning the use of preoperative antibiotics and the 
standard of practice."
 42. The Committee reasonably requested that 
the IOP clarify his previous report, which he has done by opining that 
the standard of practice would require the administration of 
prophylactic antibiotics in laparoscopic procedures only if the bowel 
were involved. In this case, he noted that the Respondent believed that 
he would be dealing only with a cyst and that the standard would thus 
not require the administration of prophylactic antibiotics. 
 *************************
 AWK---ONCE AGAIN, THERE IS DOCUMENTED PROOF THAT DR. KLEIN KNEW EXACTLY WHAT HE WAS DEALING WITH!
 from Dr. Taylors’(the College’s I.O)letter to Angela Bates May 8th, 2011,
 At the time of laparoscopy, a large cyst could be seen in the mesentery
 of the right colon.  It was densely adherent to the bowel as well as 
densely adherent to the lateral abdominal wall.  It felt very solid and 
not at all in keeping with a simple mesenteric cyst.  We therefore made 
the decision to convert to an open procedure.
 I PERSONALLY DO NOT BELIEVE THAT THE HPARB PANEL TRULY STUDIED MY SUBMISSION,   
 OR   
 THEY WERE FOLLOWING INSTRUCTIONS TO PUT AN END TO MY CONTINUED ATTEMPTS
 TO HOLD THE COLLEGE TO FULFILL ITS DUTY TO PROTECT PATENTS.
 ************************
 43. The Committee further noted that there is no consensus in the 
medical community to support that antibiotics should be administered at 
the time of conversion of the procedure.
 44. In addition, the 
Committee noted the lOP's opinion that the administration of 
prophylactic antibiotics for the laparoscopic procedure, as it involved 
only a cyst and not the bowel, would not be required to meet the 
standard of practice.  AWK---SEE PREVIOUS COMMENTS WITH REGARD TO THE 
BOWEL??
 45. Having come to these separate conclusions, the Committee
 nonetheless decided to advise the Respondent to consider the use of 
prophylactic antibiotics in both situations.
 46. The Committee 
exercised its medical expertise in this matter, and relied on the 
opinion of the IOP in coming to its conclusions.
 47. The Board thus 
finds its decision to advise the Respondent to individualize the use of 
pre- operative prophylactic antibiotics and to consider the use of them 
at the time of conversion from laparascopic procedure to open laparotomy
 to be reasonable.
 Issue: Timely Documentation of Discharge Summaries
 48. The Committee noted that it issued a counsel to the Respondent on 
the timely documentation of discharge summaries, which the Board 
accepted as reasonable in its 2011 decision. The Committee therefore 
included that counsel as part of its current decision.
 49. There were no submissions made at the review regarding this counsel.
 50. The Board notes that the Committee explained its rationale for this counsel in its July 15,
 2011 decision. In that decision, the Committee stated that it was troubled by the
 Respondent's five month delay in completing the patient's discharge 
summary and concluded that a counsel was warranted in the circumstances.
 51. The Board finds the Committee decision to issue a counsel in this 
regard to be reasonable as it addresses the area of concern identified 
by the Committee and provides guidance to the Respondent in his future 
practice.
 52. The Board wishes to extend its condolences to the Applicant.
 VI.      DECISION
 53. Pursuant to section 35(1) of the Code, the Board confirms the Committee's decision to:
 (i) advise the Respondent, to continue to consider the use of prophylactic
 antibiotics at the time of conversion from laparoscopic procedure to open
 laparotomy based on the evolving standard of practice;
 (ii) advise the Respondent to individualize the use of pre-operative prophylactic
 antibiotics for patients where it is warranted based on the evolving standard of
 practice; and
 (iii) counsel the Respondent on the timely documentation of discharge summaries.
 AWK -- THE HEALTH PROFESSIONS APPEAL AND REVIEW BOARD FAILED TO 
INVESTIGATE MY COMPLAINT.  THEIR OWN PROCESSES AND UNTIMATE DECISION IS 
“UNREASONABLE” AND “INADEQUATE”
 
 SO, HOW THEY ARRIVED AT THEIR CONCLUSION THE COLLEGE’S THIRD DECISION WAS “ADEQUATE” AND “REASONABLE” IS AN ABSOLUTE MYSTERY??
 
 LET’S NOT FORGET FROM THE BOOK DR. KLEIN CO-AUTHORED:
 “Safe implementation of laparoscopic gastrectomy
 in a community-based general surgery practice”
 Peter K. Stotland Æ Shea Chia Æ Jamie Cyriac Æ
 John A. Hagen Æ Lazar V. Klein
 Received: 22 December 2007 / Accepted: 5 April 2008  ! Springer Science+Business Media, LLC 2008
 If this applies to laparoscopic gastrectomy it certainly applies to open abdominal surgery for colon resection.
 “Our standard practice was to routinely administer prophylactic 
antibiotics and subcutaneous heparin (5000 IU) 1 h prior to induction of
 anaesthesia. Subcutaneous heparin was continued in the postoperative 
period until the patient was discharged from hospital.”
ISSUED July 31,2013
Thomas Kelly
 Stephen Jovanovic
 Brenda Petryna
 
 
 
          
      
 
  
 
 
 
 
 
 
 
 
 
 
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