Montreal gynecologist whose license was revoked appeal decision

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The Montreal gynecologist whose license was revoked following accusations of inappropriate comments hopes to resume his activities pending a hearing on the merits of the complaint.

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Following the filing of an appeal this month, a suspension hearing was held at the Palace of Justice on Wednesday, during which lawyer Christine Kark argued before the Tribunal des professions that gynecologist and obstetrician Dr. Allan B. Climan not a danger to the public. , as suggested by the disciplinary council of the Collège des médecins du Québec.

Climan, who has been practicing since 1983, most recently at the Jewish General Hospital, had his license revoked until further notice last month after allegedly making inappropriate sexual comments in the presence of a pregnant woman in late April. A nurse who worked with Climan claimed that she whispered “thanks for the good time” as she removed her gloves after performing a gynecological exam.

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On Wednesday, Kark argued that Climan’s comments were not sexual in nature and that the patient testified that she never heard them or had any complaints about the doctor.

“The members of the disciplinary committee should have taken that into account, that there is not a victim here,” Kark said, adding that he would not elaborate until the judge makes a decision on the suspension request. “You don’t have a patient who was offended by the comment, because she never heard it. First of all, the comment was not offensive, and second of all, she didn’t hear it.”

In addition to the alleged comments, the council’s decision was based on Climan taking an exam for himself, which he is not allowed to do. About three years ago, he was fined $2,500 and stripped of his license for two years for making “vulgar and inappropriate” sexual comments while examining a patient, but the Collège des médecins reinstated him last year on the condition that a woman be present at all times during exams.

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Five examinations of the woman Climan allegedly made comments to took place between 6:25 and 10:45 pm on April 22, according to the council. One, at 8 at night, was not recorded in her file, which the doctor carried out alone.

“The exam that was done without the nurse present, it was an urgent exam,” Kark said Wednesday. “She wasn’t there. According to Dr. Climan, he couldn’t find her.”

“A doctor has legal obligations, ethical obligations to … provide medical care,” he added.

From 1989 to 2020, Climan was the subject of 11 disciplinary investigations, according to the council. After the most recent one, he said he is “concerned about the protection of the public if the defendant continues to practice his profession.” He called the immediate suspension of a medical professional’s license an “exceptional measure.”

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“We are asking a judge to stay the decision that Dr. Climan’s license was temporarily removed,” Kark said Wednesday. “Today we wanted to convince the court that there is no danger to the public because the patient said that everything went well. … She and her husband said that everything was fine with Dr. Climan.”

The Collège des médecins du Québec said it would not comment on the case as it is before the courts.

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