HEALTH CARE PROFESSIONALS - Discipline -- Professional incompetence - Remedial education or training - Imposition of fine

Law360 Canada ( February 10, 2025, 9:36 AM EST) -- Appeal by Dr. Kherani, appellant, against the decision of the respondent Appeal Panel of Council of the Alberta Dental Association and College ("Appeal Panel") which upheld four findings of unprofessional conduct and consequential sanctions and costs against her. The case stemmed from a complaint filed by a patient who received orthodontic treatment from the appellant between May 2008 and February 2010, and again from September 2012 to December 2015. The patient, dissatisfied with the progress and costs of her treatment, sought opinions from other orthodontists and eventually transferred her care to another orthodontist in December 2015. In March 2016, the patient filed a complaint against the appellant, leading to an investigation and a hearing by the respondent Alberta Dental Association and College ("College"). A Hearing Tribunal ("Tribunal") heard the complaint and found the appellant guilty of four allegations of unprofessional conduct, including failure to create and maintain a treatment plan, failure to obtain appropriate diagnostic information, failure to manage patient care, and failure to maintain adequate patient records. However, she was found not guilty of four other allegations. The Tribunal imposed a reprimand, a fine of $7,500 per proven allegation, and required her to retain a coach for her orthodontic practice. Additionally, she was ordered to pay 50 per cent of the investigation and hearing costs. The appellant appealed the Tribunal's Merits Decision and Sanctions Decision to the Appeal Panel which dismissed the appeal but adjusted the Tribunal's cost award. The appellant argued that the Tribunal and Appeal Panel erred in determining the applicable standards of practice, improperly treated expert evidence, and relied on unqualified expert testimony of the complainant's orthodontist. She also contended that the findings of unprofessional conduct were unreasonable....
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