P.A. doctor gets one-month suspension for sexual advances toward patient

A local doctor will serve a one-month suspension after he was found guilty of inappropriate conduct for hugging and trying to kiss a patient.

In addition to the time away from his practice, Prince Albert general surgeon Dr. Yagan Pillay, 47, owes $27,561 to cover costs of his conduct investigation and will have to take a boundaries course. Until further review, he is to have a chaperone present with all female patients.

In a decision released earlier this month, the College of Physicians and Surgeons of Saskatchewan released investigation results on Pillay’s conduct during a visit with a 53-year-old patient on March 29, 2012. The patient, who is not named in the decision, came to see Pillay for colonoscopy results.

According to the complainant’s evidence, Pillay made sexual advances towards her by complimenting her appearance, and massaging her back, neck and face. The complainant said he gave her a hug after getting down from the examination table.

The complainant’s evidence said Pillay then asked if he could kiss her, to which she responded “No, I’m a happily married woman.”

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Under cross-examination, details of the complainant’s story changed. She said the hug “lasted a millisecond” and the massage was similar to others she received from other doctors, yet she remained firm Pillay requested to kiss her. During the meeting, she said she told him he was “lovely.”

“She thought he was a wonderful man and did not want to offend him,” the decision said.

Pillay testified he examined the patient, including her back/renal area to check on a kidney lesion. He denied massaging her and said he helped the woman off the examination table, but did not offer a hug.

Pillay denied there was any sexual element to the visit and the decision said he was “clear and unshaken” on stating he did not try to kiss her.

Cases before the college are decided on a balance a probabilities rather than the criminal courts’ reasonable doubt. While the college admitted in its decision there is no “smoking gun” in the case, they found Pillay guilty based on the improbability of the complainant fabricating her allegation. His evidence was rejected.

“There was no reason for the complainant to fabricate such an allegation,” the decision said, adding she “stood to gain nothing” from making the report. The college also found during the complainant’s visit, she did not receive any news which would have upset her. The woman’s husband testified after she left the doctor’s office she was shaken and distraught on the phone.

“Her conduct was consistent with that of a troubled victim of an unwanted advance by a trusted health professional,” the decision said. 

While the suspension is for one month, Pillay is not allowed to return to work until his financial penalty is paid in full.

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