MANDEL Doc who recorded female staff in washroom keeps licence
Author of the article:
Michele MandelPublishing date:
Jul 28, 2021 • 17 minutes ago • 3 minute read • Join the conversation
Dr. Fady Ghaly Photo by www.ratemds.com /Toronto Sun Article content The Mississauga family doctor would secretly slip his cell phone into the staff washroom to record his semi-nude female employees and later watch the sick videos to satisfy his “voyeuristic disorder.â€
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Article contentWhen he was caught the first time, he promised to never do it again. And when he was caught again, he pleaded for mercy and destroyed the evidence.
Should this doctor be allowed to care for patients?
The College of Physicians and Surgeons didn’t think so â€" and their lawyer asked that Dr. Fady Ghaly lose his license: “The college’s position is that Dr. Ghaly’s misconduct is so egregious that revocation is required to uphold public confidence in the profession and its ability to self-regulate in the public interest.â€
But in a surprising decision, the discipline committee disagreed, ordering just a 14-month suspension as well as continued counselling.
“We do not find Dr. Ghaly’s misconduct to be so deeply shocking and abhorrent that he no longer deserves the privilege of practising medicine,†the committee wrote in its recent decision.
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Article contentNot shocking or abhorrent? What kind of message does that send?
In 2017, Ghaly, then 45, was arrested for voyeurism after two female employees at his Cawthra Medical Centre went to Peel Regional Police and told them they’d found the doctor’s phone in the female staff washroom.
According to the agreed statement of facts, they confronted him after watching videos of themselves in “states of partial nudity using the toilet.†He begged their forgiveness. “This is the first time. I won’t do it again,†he promised.
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He was lying. One of the employees knew he’d been caught doing the same thing six months earlier. Ghaly then admitted recording others in the staff washroom but pleaded with the women not to report him.
His wife came to the clinic the next day and assured the two employees that there were no copies of the videos and Ghaly was going to get help. They decided to call police just the same â€" but by the time they arrived, the doctor had gone to the Apple store and “remotely wiped the phone clean and erased the video.â€
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Article contentIn 2018, Ghaly pleaded guilty to the lesser charge of mischief and received a six-month conditional sentence of house arrest followed by 18 months probation. He went to back to work at a family clinic in Guelph â€" shockingly, with no restrictions.
He wasn’t brought before a disciplinary hearing until 2020.
Ghaly admitted to professional misconduct, blaming a lack of intimacy with his wife, two to three hours a day of online porn and a falling away from his religious beliefs. But he insisted he was ashamed and remorseful and was now getting the psychotherapy he needed for his diagnosed voyeuristic disorder.
The committee heard from the two victims who described their shock and humiliation and their fear that the doctor’s videos may still be online somewhere.
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Article contentA forensic psychiatrist retained by the college testified that Ghaly’s “voyeuristic disorder is chronic†and can’t be cured, but only managed by a relapse prevention plan. The college warned that he continues to pose an “unacceptably high†risk to patients and the public.
The disciplinary committee found otherwise. Even a member of the disciplinary committee disagreed with her colleagues and called for revoking his licence to practise.
In her dissenting opinion, Dr. Susanna Yanivker wrote that it was Ghaly’s choice to prey on vulnerable victims for his own sexual gratification.
“I do not believe that the public is safe from Dr. Ghaly,†she said.
“The public must know that we as a profession are not represented by, nor stand by Dr. Ghaly’s misconduct. He should not be permitted to remain a member of the profession.â€
And yet so he remains.
mmandel@postmedia.com
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