Dear Ms Coghlan,

I am shocked and outraged at the College of Nurses of Ontario’s reference to my personal and professional character as published in your "Communique" of September 2001. In the Summarized Discipline Decision regarding Marilyn Munro, page 40, under the heading " College Evidence " is stated,

"She suggested, and later insisted, on a change of physicians to bring in a close personal friend of hers, despite the fact that the child’s father did not want to change physicians ."

This statement, claimed as " College Evidence ", is a lie, and is known by the College of Nurses to be a lie. Further, such behavior on my part would be professional misconduct. Mr. Coleman, your prosecuting lawyer during this hearing, attempted to discredit me by claiming that I was engaging in improper professional and business conduct with Miss Munro as a tactic of Elite Nursing Inc., of which company I was legitimately Medical Advisor. The transcript of that hearing will show that I did not tolerate this nonsense from Mr. Coleman, nor his other lame attempts to demean my personal or professional character.

I testified, and the facts are, that Miss Munro asked me, with the agreement of the Terrick’s, if I would provide medical care to Jesse as their then current family doctor would not visit him in the family home. I asked Mrs. Terrick to see me in my office, which she did, and after our discussion and mutual agreement, I agreed to a transfer of care from that family doctor to me. This decision was based only on my function as a family doctor and had nothing to do with my role with Elite, which was appropriately disclosed to Mrs. Terrick. I advised Mr. Coleman, in sworn testimony, that this matter, following a complaint by Mrs. Terrick, was investigated by the College of Physicians and Surgeons of Ontario and found to be a false accusation. Of this he was fully aware prior to his bafflegab as he had at the hearing a copy of the findings and outcome from my College. Mr. Coleman was corrected by me during testimony regarding this and many other false allegations he made concerning me and concerning Miss Munro. Your panel found me credible as they stated in their summary and as I am.

On page 42 of that article my testimony is introduced by the statement, " The physician that the member recommended to the family, who was a close personal friend of the member’s, testified ...". Clearly this physician would be and was intended to be seen as an unreliable witness. That physician is me.

The article in the "Communique" is preceded by a disclaimer regarding identifying witnesses etc. On Friday, September 7, 2001, a nurse working in a hospital in Sudbury called my office concerned that I might be in trouble after she read your case summary. I am well known in the Sudbury and Manitoulin Districts, throughout Ontario and in other Provinces, and that I was Jesse Terrick’s family doctor has been widely spread through the health care and public communities as Jesse’s health care needs were a frequent public issue. I was identified immediately.

I understand that your article’s claim of evidence (i.e., that these are facts) regarding me stated as "College Evidence" is meaningless (i.e., that these are lies - the College has no evidence to such) but the one hundred and forty thousand or so of your members will not (CNO Web Site). They will, as did the nurse who contacted me, believe that I have done something wrong.

I consider your College’s statements regarding me to be defamatory and malicious. You have evidence that these statements are false. Notwithstanding Mr. Coleman’s foolish and pitiful attempts to degrade me at the Terrick hearing, the evidence that you have (which is in the transcript of that hearing, and is confirmed by your panel) is that I am credible, and a competent and responsible physician. I will accept no degradation, no maliciousness, and no lies about me from the College of Nurses.

I therefore require and demand an immediate written apology from the College of Nurses and a full retraction and apology published to all of your members in the next issue of the "Communique". Failure to provide this apology and retraction will be followed by legal action and understand that I will have no hesitation in contacting your membership myself if I deem it necessary.

Yours sincerely,

Brian J. Lynch M.D., D.P.H.