Order on Consent – Dr. Henry Swart (Council)
March 30, 2023
The College of Physicians and Surgeons of PEI received a complaint under the now-repealed Medical Act which was investigated by the Fitness to Practice Committee under the Medical Act, and concluded under the Regulated Health Professions Act.
An investigation was initiated by Council based on information provided by another physician about the member performing a procedure on a patient where he reported examining the patient’s cervix and uterus in 2016, yet later claimed to be unaware that the patient’s cervix and uterus had been surgically removed in 1974.
The evidence gathered during the investigation suggested that the member failed to realize that the patient lacked a cervix and uterus despite review of radiological imaging that supported a history of a previous hysterectomy, and despite his physical exam and procedure notes suggesting her altered anatomy. In addition to this, the member’s decision to proceed with an invasive procedure could have resulted in patient harm.
The evidence the Committee gathered indicated that the member did not meet standard of care in this case, and that his actions amount to professional misconduct as defined in the now-repealed Medical Act Regulations, as follows:
XI, 1. For the purposes of Part IV of the Medical Act, “professional misconduct” constitutes a failure to maintain the standards of practice of the professional and includes:
- (a) Failing to maintain accepted professional standards and procedures in the practice of medicine;
- (h) engaging in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by medical practitioners as disgraceful, dishonourable or unprofessional.
The Committee decided that several Orders were required and, with the member’s consent, the following Orders were issued:
- The Registrar of the College will issue a written reprimand to Dr. Henry Swart within a reasonable period of time after this decision is delivered to Dr. Swart or his legal counsel.
- Dr. Henry Swart shall pay a Fine of $1000 to the College, to be paid within 30 days of the date of this decision.
- Dr. Henry Swart shall pay $6500 to the College within 30 days of the date of this decision to cover part of the costs of the investigation in this matter.