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Guelph ultrasound clinic files lawsuit against public health department

Wellington Dufferin Guelph Public Health is facing a $10 million lawsuit after suspending a procedure at Guelph Medical Imaging.
Wellington Dufferin Guelph Public Health is facing a $10 million lawsuit after suspending a procedure at Guelph Medical Imaging. Google maps

A medical clinic in Guelph is taking legal action against Wellington-Dufferin-Guelph (WDG) Public Health after an inspection earlier this year that resulted in the temporary suspension of a certain procedure.

Guelph Medical Imaging is seeking damages of $10 million for what they call a “flawed” and “erroneous” inspection at their facility on Dawson Road in September following a complaint by a member of the public.

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“Guelph Medical Imaging would like to assure the people of Guelph, and any patient of ours, that a number of things in the WDG Public Health press releases and inspection reports regarding our Dawson Road clinic were incorrect and/or misleading,” said CEO and Managing Director of Guelph Medical Imaging, Probhash Mondal in a statement to CJOY News.

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The inspection was conducted on Sept. 13 and the following day, the clinic was told by the health inspector to stop performing transvaginal ultrasounds, according to an Infection Prevention and Control (IPAC) lapse report posted to WDG Public Health’s website.

The IPAC report showed the health inspector found a number of issues during the inspection — all of which were addressed after three follow-up inspections and the clinic was allowed to perform the procedure again starting Oct 10.

However, the clinic claims an “under-qualified inspector” did the inspection.

“At the time of the inspection, the inspector was enrolled in courses with the Medical Device Reprocessing Association of Ontario, but she had not completed the course,” Mondal said.

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Mondal also claims the inspector did not test for the virus or bacteria that was allegedly contracted by the complainant.

“WDG Public Health truly failed Guelph Medical Imaging and the people of Guelph through these various inaccuracies, omissions and misleading statements,” Mondal said. “Guelph Medical Imaging remains committed to patient safety above all else.”

Guelph Medical Imaging will also be formally requesting a complete review of WDG Public Health hiring and training practices. They also want Public Health Ontario to investigate and explain what they call “inconsistencies” between public health boards across Ontario.

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When asked for a response, a WDG Public Health spokesperson declined comment due to the ongoing legal proceedings.