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Victoria urologist awaits inquiry results in alleged privacy breach

The Vancouver Island Health Authority has completed its investigation into allegations by staff that a Victoria urologist photographed an unconscious, obese male patient and sent the picture to others for non-medical reasons.
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The alleged privacy breach occurred July 4, 2014, at Royal Jubilee Hospital. It was reported to VIHA’s information stewardship, access and privacy department the next day.

The Vancouver Island Health Authority has completed its investigation into allegations by staff that a Victoria urologist photographed an unconscious, obese male patient and sent the picture to others for non-medical reasons.

A separate investigation by a third-party lawyer specializing in labour, employment and human rights has also concluded, VIHA said Friday.

However, the health authority will not reveal the results of its investigation into urologist Dr. John Kinahan until the College of Physicians and Surgeons completes its review.

“In the interests of fairness and due process, we will wait for the findings from the College to determine what action we should take in response,” VIHA spokeswoman Valerie Wilson said on Friday.

“A thorough and detailed investigation has been undertaken, and as this is still before the College, we are not able to provide more information.”

The alleged privacy breach occurred July 4 at Royal Jubilee Hospital. It was reported to VIHA’s information stewardship, access and privacy department the next day.

The allegations against Dr. Kinahan have not been proven, and he maintains his hospital privileges.

“This is primarily a professional matter, rather than an issue of competence or patient safety,” Wilson said.

The patient was unconscious and in the intensive-care unit after a procedure when the photo was allegedly taken.

“We have been meeting with the patient and the patient’s family on a regular basis since this incident occurred and we will continue to meet with the patient and family,” Wilson said. “We have apologized to the patient.”

The College of Physicians and Surgeons did not immediately return a call Friday.

If VIHA determines the patient’s privacy rights were violated, the health authority could review the hospital privileges of the doctor — an independent contractor.

The college is the authority that addresses discipline.

A doctor at Cowichan District Hospital was accused of a similar breach earlier this year.

VIHA did not release the findings of its investigation, and said only that “measures were taken commensurate with the severity of the incident.”

charnett@timescolonist.com