The controversial psychiatrist Pierre “Doc” Mailloux failed in his $ 10 million lawsuit against the College of Physicians, which he brought last June for damage to his reputation and loss of income.
This lawsuit, which had to demonstrate the College’s bad faith, was “doomed to failure”, wrote Judge Robert Dufresne of the Superior Court in Trois-Rivières in a judgment dated February 9.
He therefore ruled in favor of the College, which asked for the rejection of Pierre Mailloux’s lawsuit. The latter essentially claimed reimbursement of the fines and costs he had to pay in the context of the three disciplinary complaints for which he had already been found guilty. To achieve this, he absolutely had to demonstrate the bad faith of the Office of the Syndic of the College of Physicians responsible for conducting disciplinary files.
“No evidence is new. Everything was said. To repeat this debate based on the same pieces of evidence can only lead to the same conclusion: there is no bad faith, ”Judge Dufresne said, however.
He was scathing towards Doc Mailloux.
“The plaintiff is guilty of almost all of the charges brought against him in the three cases. Moreover, the applicant falsely claims to have recovered his right to practice “as before”. No more today than before, he does not have the right to prescribe medication in an untimely way or to stop it in the same way. He is not authorized more than anyone else to prescribe without a care plan, without prior diagnosis, without ensuring the metabolic follow-up of patients, all of the reproaches listed to the heads of complaints, ”he mentioned.
Judge Dufresne underlined the numerous legal steps taken over the years by Doc Mailloux to contest the disciplinary measures taken against him.
“The plaintiff has exhausted all of his remedies in disciplinary complaints, including applications for leave to appeal denied by the Supreme Court of Canada. All instances have rejected the allegations of bad faith, abuse of process, frivolous, unfounded, defamatory and other complaints, ”he wrote.
The judgment emphasizes that the damage to Pierre Mailloux’s reputation is linked to the acts for which he was found guilty.
During his 40 years of practice, Doc Mailloux was struck off seven times by the College of Physicians, totaling 21 months of practice.
The College of Physicians is responsible in particular for monitoring and evaluating medical practice in Quebec, and its syndic has filed four disciplinary complaints against Dr. Mailloux since 1999, concerning comments made on radio and television, but also about prescribing high doses of antipsychotics to young people.
The psychiatrist does not yet know if he will appeal.