Fredericton psychiatrist risks losing licence after not contesting misconduct allegations
Dr. Manoj Bhargava's actions 'disgraceful, dishonorable and unprofessional,' says court document
A Fredericton psychiatrist could permanently lose his medical licence after choosing not to contest allegations of sexual misconduct at a disciplinary hearing on Tuesday morning.
Dr. Manoj Bhargava was presented with sanctions by the College of Physicians and Surgeons of New Brunswick for several long-standing complaints.
Bhargava worked at the University of New Brunswick student health centre, and was suspended by the College of Physicians and Surgeons of New Brunswick in November 2020 after several complaints of inappropriate touching were filed.
At his disciplinary hearing, the college's lawyer, Joël Michaud, described the allegations against Bhargava.
They were based on complaints made by 20 individuals, whose identities are protected by a publication ban.
The statement said Bhargava committed unprofessional misconduct taking heart rate and blood pressure measurements that were "inconsistent with the standards of the profession" outlined by the College of Physicians and Surgeons.
It said Bhargava also made comments, asked questions and made requests that were not consistent with the standards of the profession.
According to the statement, Bhargava "treated all complainants in a manner that could reasonably be perceived by members as being disgraceful, dishonorable and unprofessional."
None of the allegations have been proven in court.
The lawyers for the college and Bhargava jointly recommended sanctions to revoke his licence and remove his name from the register.
It said Bhargava should never seek another licence in New Brunswick, and that he pay $5,000 to cover legal fees.
Bhargava joined the meeting with his lawyer Sacha Morisset, who said he had no questions to add to the uncontested evidence or the sanctions. Bhargava did not speak at the hearing.
The board of inquiry, composed of three doctors, will go through the submission and will make a written decision in the "very near future."
Four civil lawsuits filed against Bhargava
Meanwhile, Barghava's legal issues continue to play out in the court with the filing of new lawsuits.
Monday afternoon, lawyer Basia Sowinski from the firm Valent Legal, filed four individual lawsuits, listing the University of New Brunswick and Bhargava as defendants in all four cases.
She said the timing was coincidental with the disciplinary hearing.
In April 2023, lawyers from the same firm discontinued a class-action lawsuit. It alleged that UNB didn't take appropriate steps to ensure the plaintiffs were not subjected to such acts, and that UNB was vicariously liable for the sexual assaults allegedly perpetrated by Bhargava.
At the time, the firm said it would file a mass-tort lawsuit, which would allow plaintiffs to include those varying claims about where Bhargava allegedly assaulted them.
The firm has now decided to pivot to individual lawsuits. Sowinski said the mass-tort lawsuit wasn't ideal for plaintiffs.
"It's not really necessary to litigate it as a mass tort, but rather we just filed a separate lawsuit for them," she said.
CBC is not naming the plaintiffs in the lawsuits because their cases involve allegations of sexual assault.
In a draft of the one of the lawsuits provided by Sowinski, the allegations against Bhargava include medical negligence and sexual assault.
"The Plaintiff alleges the Defendant Bhargava requested she wear loose clothing, or remove articles of clothing, so that her heart rate and/or blood pressure could be obtained."
The lawsuit is also against UNB and alleges negligence and vicarious liability.
Sowinski said the legal process has been "a pretty long road" for the plaintiffs.
"I'm happy to help represent them and support them on the civil side of things to get a sense of justice for them."
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With files from Pascal Raiche-Nogue