Sex-abused
patients left twisting in the wind
Ousted shrink's legal fund won't redress harm to these victims
Joey Thompson, The Province
Published: Friday, December 29, 2006
Whenever someone seeks redress from a medical wrongdoer,
the odds are heavily weighted in a doctor's favour.
Indeed, the patients currently suing ousted psychiatrist
Richard Golden likely stand a better chance winning a
lottery than collecting compensation from the sex predator
should a civil court find him liable.
Like most medical practitioners in Canada, Golden --
banished by the profession last year after he was found
to have sexually abused several emotionally broken patients
-- has access to all the free industrial-strength legal
representation he needs, be it in criminal proceedings
or civil court, through government-funded membership in
a national plan.
Now, it stands to reason that medical-protection coverage
of a doctor's legal defences would extend to payment of
any damages awarded those victims whom the court found
were harmed by his actions.
And the Canadian Medical Protection Association does
-- if the harm to the patient was caused by a doctor's
medical negligence. But not when the damage to a patient
was caused by his sexual abuse.
Those patients are left twisting in the wind.
Called a "dry judgment" in legal circles, it
means an injured plaintiff awarded damages against Golden
has to chase him down on her own -- a costly and arduous
battle, made more difficult since the west-side condo
owner is pleading poverty as well as mental incompetence
following the aptly-timed diagnoses of several mental
dysfunctions.
Creditors -- among them the College of Physicians and
Surgeons, which is suing Golden for $120,000 for the cost
of the investigation that led to his dismissal -- concede
the poverty card is hard to swallow, given that Golden
and psychiatrist wife Susan billed the B.C. Ministry of
Health about $5.3 million in gross revenue over the past
decade, an average of $530,000 a year. And that doesn't
include services paid for by private insurers, the Insurance
Corp. of B.C. and WorkSafe.
According to financial statements posted by the Medical
Services Commission, the disgraced physician laid claim
to at least 75 per cent of the couple's annual gross billings
for services provided at their Vancouver clinic.
Until summer of 2005 when, facing charges of gross misconduct
for sexual antics with three psychiatric patients who
complained to the college, the 48-year-old agreed to stop
practising and step down.
Susan's gross billings to Victoria, previously in the
$125,000-a-year range, more than tripled after that, to
$430,188 in fiscal 2005-2006.
In the meantime, I've learned that more women have come
forward alleging sexual abuse while under his care for
eating disorders and depression, raising the number to
five from the three initially found by a college investigatory
panel to have been exploited, sexually abused and harmed
by Golden.
Our criminal laws state a person who abuses his position
of trust or authority by inciting a complainant to engage
in sexual relations may be guilty of a criminal act.
However, none of the women has given statements to Vancouver's
sexual offence squad, and college officials insist privacy
regulations mean they won't be paying a visit to the cop
shop anytime soon.
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