College wont discipline mastectomy surgeon

A surgeon from Windsor, Ont., who performed two unnecessary mastectomies won't be disciplined by the province's medical regulatory college.

Dr. Barbara Heartwell became the subject of several investigations after it was revealed she mistakenly removed the healthy breasts of two women at Htel-Dieu Grace Hospital.

The College of Physicians and Surgeons of Ontario launched investigations into Heartwell and pathologist Dr. Olive Williams, and the college's spokeswoman said the Heartwell investigation has been completed.

Kathryn Clarke said the outcome of the investigation can't be publicly disclosed, but the college did not refer the matter to its discipline committee.

In general, investigation outcomes that can't be made public include deciding no further action is necessary, cautioning the physician about some aspect of their conduct, care or treatment, or requiring the physician to participate in an educational program.

Clarke said the law restricts publicizing such outcomes under the Regulated Health Professions Act.

A provincial report into pathology errors appeared to clear Heartwell, but uncovered "significant concerns" with Williams' work.

Htel-Dieu Grace Hospital has restored full privileges to Heartwell, but not Williams. Williams remains the subject of an investigation by the CPSO.

Complainant 'profoundly disappointed'

In November 2009, Laurie Johnston of Leamington, Ont., had a mastectomy performed by Heartwell, who admitted she misread the results of a needle biopsy that found Johnston did not have cancer.

Johnston, issued a statement through her lawyer late on Wednesday:

"The wrongful removal of Lauries breast by Dr. Heartwell has had serious, permanent consequences and has caused a significant degree of emotional distress to Laurie.She is profoundly disappointed by the CPSO decision not to send this matter for a discipline hearing and has asked for a review by the Health Professionals Appeal and Review Board."

Barbara McFarlane, Johnston's lawyer said a civil lawsuit against Heartwell was continuing, and reported that Johnston has not yet returned to work due to emotional stress and physical complications from the surgery.

Calls to Heartwell and her lawyer were not returned on Wednesday.

Laporte blames government

Janice Laporte, whose breast was removed by Heartwell in September 2001, was told a week after her surgery that she didn't have cancer.

Laporte had hoped that the CPSO would be more punitive than the provincial investigation decision to allow Heartwell to return to practice. She told CBC News that she was counting on the Ministry of Health to see justice done, and it didn't happen.

"Laurie and I are victims, we will always be victims, and god only knows who else this is going to happen to, and I just think people have to make sure you look out for yourself because our government's not going to look after us obviously," Laporte said in tears.

Hospital backs Heartwell

Steve Erwin, a spokesperson for the Windsor hospital, stood behind Heartwell and the College's decision.

"Dr. Heartwell continues to perform procedures at Htel-Dieu Grace Hospital, as she should. She's an excellent surgeon with decades of experience in her field," said Erwin. "The decision today is consistent with our decision on Dr. Heartwell and the [provincial] investigator's report last year."

'I think that if anything positive came from this outcome, you know, it's that there's lessons to be learned from these kinds of situations.' Steve Erwin, Htel-Dieu Grace Hospital

Erwin admitted there wasn't much the hospital could say to the families affected by the mistakes.

"There's nothing I or anyone else at the organization could say that would provide enough condolence. I think that if anything positive came from this outcome, you know, it's that there's lessons to be learned from these kinds of situations," he said.

The province hired a facilitator to take over running the hospital and implement changes based on recommendations in the provincial report. Erwin said the majority of those changes had already been implemented.

"I can say that people are pretty confident that things are moving in the right direction," Erwin said on Wednesday.

(with files from the Canadian Press)