Two judges of the Ontario Court of Appeal disputed yesterday a lawyer's allegation that letting medical investigators to observe three doctors carry out cosmetic surgical operations might threaten the confidentiality of the relationship between a doctor and a patient. Yesterday, the court heard that the College of Physicians and Surgeons of Ontario has apprehensions that the operations, from liposuction to breast rejuvenation, that are regularly carried out by the surgeons may not be safe knowing that the doctors have no formal credentials in performing surgical procedures.

Dr. Judah, Dr. Stanley Gore (who refers to himself as the "Lipidoctor"), and Dr. Padma Jain are pleading a Divisional Court ruling from last year, which stated that the college has the power to send out investigators to observe their surgical operations.

Andrew Matheson, a lawyer who represents Dr. Gore and Dr. Jain, said to the court that by allowing these investigators to watch a surgical procedure, it would lead to medical regulators attending to everything - from psychiatric sessions to gynecological tests.

Although no corrective action has been called for against any of the three doctors, in June 2007, the college registrar resolved that there were rational and credible grounds for concluding that Dr. Judah had performed an act of professional misconduct or was unskilled.

Dr. Jain and Dr. Gore, on the other hand, came under examination in a different way. After the death of one patient who underwent a liposuction procedure at a private cosmetic surgery facility, the college sent out questionnaires to about 600 surgeons who were conducting or were alleged to be conducting such surgical procedures. Dr. Gore and Dr. Jain accounted that between 61% and 80% of their time was used in performing cosmetic surgical procedures. The college was worried that these doctors were working beyond the range of their assigned practice. The college mentions that none of them has a formal education in anesthesia, even though the website of Dr. Gore states that he has a U of T "certificate".

Schabas said to the court that,

We're dealing with three doctors with no ... formal training in surgery performing operations, which involve very large open wounds, in their office." and added, "In that context, it's not surprising the college would say, `Let's see how you do these things.'

The panel held in reserve their decision.