Patients and supporters of Dr. Alan Rich gathered on Thompson Drive outside the Burntwood Regional Health Authority building on June 1 to protest its treatment of the family physician, who was the subject of a May 31 meeting of the BRHA medical advisory committee, which was considering complaints filed against Rich by Dr. Hisham Tassi and Dr. Hussam Azzam after earlier attempts at informal resolution failed.
"When they attacked Dr. Rich, it became personal," said Ann Kaciulis, who spearheaded the public protest. "They need to let him retire on his own with his own dignity."
The complaint by Azzam stems from a Jan. 13, 2011 meeting between Azzam, acting in his capacity as the vice-president of medical services, regional chief of staff and chair of the BRHA medical advisory committee (MAC), and Rich during which, Azzam alleges, Rich shouted and pointed his finger at Azzam.
"I strongly feel that Dr. Rich's behavior and comments were inappropriate, abusive, slanderous and defamatory," Azzam wrote in a letter of complaint to BRHA chief executive officer Gloria King.
Tassi's complaint concerns an Aug. 24, 2010 meeting between Tassi and Rich. During that meeting, Tassi alleges, Rich informed Tassi that he would be acting as a witness for a patient who filed a complaint with the College of Physicians and Surgeons of Manitoba (CPSM) in relation to an incident involving Tassi.
A CPSM spokesperson told the Thompson Citizen that the college does not provide information about complaints it receives unless disciplinary action is taken.
BRHA chief executive officer Gloria King declined to comment on the complaints against Rich and the resolution process.
"Dr. Rich has a long and respected history with the Burntwood Regional Health Authority and the residents of this region," said King in a statement to the Citizen. "While the region isn't able to comment on specific matters between an individual and the organization, we always work toward a positive resolution wherever possible on all concerns presented to us."
Rich apologized for his behaviour towards Azzam in a Jan. 26, 2011 letter to King, writing the, "The meeting of January 13, 2011, was stressful and somewhat emotional for me. Unfortunately, the stress and emotion of the situation resulted in appropriate (sic) and unprofessional comments being made by me to Dr. Azzam," Rich wrote. "I offer my apology to Dr. Azzam and Ms. Williams (who was also present) as well as the BRHA for the comments made to Dr. Azzam. I pledge this conduct will not occur again."
King sent Rich a response on Feb. 23 requesting that the apology be made in person.
"It is my view that the comments made to Dr. H. Azzam require an in person apology as the comments were made in person to Dr. H Azzam," King wrote. "I propose that we have a meeting in my office with yourself, Dr. H. Azzam, the CEO and a recorder. This would provide an opportunity for you to apologize to Dr. Azzam in person. Dr. Azzam would be agreeable to this as a final resolution to this complaint."
When Rich refused, attempts to resolve the complaints informally were abandoned and Rich retained a lawyer - William G. Haight of the Winnipeg law firm Duboff, Edwards, Haight and Schachter - through Doctors Manitoba, the professional organization that represents doctors in this province. Haight was informed on Feb. 4 that the BRHA was willing to resolve the complaints against Rich provided he met the following conditions: permanently retire from the practice of medicine May 31, 2011; assume associate status under an assigned supervisor until the retirement date; "cease and desist any and all disparaging comments concerning any employee/manager of BRHA, colleagues within BRHA, patients of BRHA and the BRHA;" and that conditions be incorporated into Minutes of Settlement describing the agreement between the parties.
"The intent is to facilitate respectful transition into retirement," read a letter from Jeff Baigrie of Pitblado Barristers and Solicitors. "Please advise if these conditions are acceptable to Dr. Rich."
When Rich indicated that the conditions weren't acceptable, the meeting of the medical advisory committee's complaint resolution sub-committee - which consists of chair Dr. Christoffel Vermaak, Dr. Gabriel Anid, Dr. Eman Yousif, Dr. Ginette Poulin and Dr. Wali Kassem - was scheduled.
"The Complaint Resolution Sub-Committee will meet with Dr. Hisham Tassi, Dr. Hussam Azzam and yourself independently of one another to hear submissions and ask questions," read a letter from Vermaak informing Rich of the meeting. "The Complaint Resolution Sub-Committee will firstly determine if there has been a breach of the Medical Staff by-laws. If a breach is found they will also provide a recommendation to the Board of Directors of Burntwood Regional Health Authority. Dr. Rich, you will be notified and will be provided with an opportunity to appear before MAC to make representations respecting the disposition to be recommended by MAC. The College of Physicians and Surgeons of Manitoba shall be advised on any decision that would affect your Medical Staff privileges in Burntwood Regional Health Authority or that the Board considers unbecoming of a professional."
Thompson lawyer Robert Mayer, acting on Rich's behalf, informed the BRHA, via Tracy Epp of Pitblado, that he had advised Rich not to attend the May 31 meeting.
"I have now confirmed with the R.C.M.P. that there is a criminal investigation presently under way, in which Dr. Rich is perceived to be a material witness," wrote Mayer. "Suffice to say that the investigation concerns an alleged inappropriate action of another doctor in dealing with a patient. In light of the fact that it is my belief that the scheduled meeting will in fact deal with the subject matter of that R.C.M.P. investigation, I have instructed Dr. Rich not to attend the meeting and I have so informed the R.C.M.P. of that."
Epp replied in a May 20 letter that read, "While you may have confirmed with the RCMP that there is a criminal investigation presently underway, Dr. Tassi has not been so informed. Furthermore, that Dr. Rich may be a material witness thereto is irrelevant and does not by any means relieve Dr. Rich from attending before MAC to respond to complaints against him. Moreover, there are two complaints against Dr. Rich which have been referred to MAC - one by Dr. Tassi and one by Dr. Azzam. The complaint filed by Dr. Azzam in no way relates to the one filed by Dr. Tassi and accordingly, you have provided absolutely no basis upon which Dr. Rich can request an adjournment. Accordingly, the hearing scheduled for May 31, 2011 shall go forward with or without Dr. Rich's attendance."
Epp also noted that Haight had advised Pitblado that Rich had executed the Minutes of Settlement regarding the agreement to retire by May 31.
"However, we have not received a copy of same," wrote Epp. "Please arrange for the Memorandum of Settlement to be delivered to our office immediately. However, and to be clear, it is our client's position that an agreement was reached by the Parties and that both Parties are bound by those terms."
Mayor Tim Johnston posted on the Facebook group "Save Dr Rich from the Burntwood Regional Health Authority (BRHA)" June 5: "Although in Halifax the last few days attending the FCM Conference, I have tried to stay connected to this site. I firmly believe it is important for people to have an opportunity to express their opinion and demonstrate in a respectful manner. As such, I have tried to maintain contact without interfering. However, both yesterday and today, I have become increasingly concerned with some of the negativity relating to comments posted. Further, I am extremely concerned with unacceptable actions taken by some residents in our community. I can advise that I have communicated with Dr. Rich and Gloria King on a number of occasions last week and again over the weekend as well as the RCMP today, and all parties have concerns with the negative impact on our community. As such, Dr. Rich, Gloria King and I agreed to meet next week upon my return. Until that time, I encourage people to continue to express their opinion but I ask that they please do so in a respectful manner. If people truly wish to see a positive resolve to this matter, I can assure you that further negativity will not help."
