Toronto gynecologist given 4-month suspension for dishonourable conduct

A gynecologist at the centre of a years-long CBC investigation had his medical licence suspended for four months following a regulatory hearing in early March.

Dr. David Gerber, of Meridia Medical in midtown Toronto, pleaded no contest to allegations from the College of Physicians and Surgeons of Ontario (CPSO) that he engaged in disgraceful, dishonourable or unprofessional conduct in his care and treatment of 10 patients over the course of more than a decade. 

"We are deeply disturbed by your repeated misconduct," said the Ontario Physicians and Surgeons Discipline Tribunal, who delivered Gerber a formal reprimand. 

"You failed to ensure that patients sufficiently understood the procedures you were to perform and what they would involve," it said. "When patients expressed pain and discomfort, you failed to demonstrate adequate sensitivity to what they were experiencing and dismissed their concerns. In some instances, you also made patients uncomfortable by making inappropriate comments about their appearance while conducting sensitive procedures."

According to a statement of facts Gerber does not contest, he told a patient during an appointment "that she had 'beautiful' eyes."

The suspension started April 8.

"Hearing that even one patient was displeased with the way I communicated with them was distressing and called for introspection," Gerber told CBC News in a statement provided by his lawyer. 

"Though care is taken to perform examinations and procedures as gently as possible, It is not uncommon for women under the care of gynecologists to complain of discomfort or pain as the result of medical procedures," he said.

"As an example, a patient under the care of a gynecologist may have repeated intervaginal ultrasounds and not experience any pain, but may experience pain during the next examination, even though the procedure was performed the same way."

In late 2020, CBC News reported a civil suit had been filed against Gerber, and three patients had complained about him to the CPSO. Months later, it was announced that complaints from six patients would proceed to a regulatory discipline hearing. A year after that, another four were added, bringing the total to 10. 

Three complainants went on the record with CBC News in 2022 to discuss extensive delays in the discipline process and issues they had with how their complaints were characterized by college prosecutors.

Along with the licence suspension and the reprimand, Gerber is required to attend an ethics and boundaries course and pay $6,000 to the college. 

The disciplinary tribunal accepted a recommendation for penalty put forward by both CPSO prosecutors and Gerber's lawyers. The two parties negotiated the details of the recommendation prior to the hearing.

Asked about negotiating an agreement versus proceeding with a contested hearing, Carolyn Silver, the CPSO's lead prosecutor, said the college is routinely assessing the strength of each case. "Always bearing in mind that when a matter goes to a contested hearing, there is never a guarantee of a finding on the allegation."