Kohli had been seeing the doctor for several years: 1998 to 2003 or 2004, during which time Kohli claims that the doctor had made verbal as well as physical advances on her. After their professional relationship was terminated, Kohli did continue to see O'Connor, as well as stay in touch using email. In late 2005, Kohli insists Doctor O'Connor "tried...
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Kohli had been seeing the doctor for several years: 1998 to 2003 or 2004, during which time Kohli claims that the doctor had made verbal as well as physical advances on her. After their professional relationship was terminated, Kohli did continue to see O'Connor, as well as stay in touch using email. In late 2005, Kohli insists Doctor O'Connor "tried to pin her down in her home and kiss her," but that was not the first time he had made such advances. Doctor O'Connor does not deny that these incidents took place, but insists that they did so after the patient-doctor relationship had been terminated. Kohli did actually file a report with the Toronto Police but charges were never laid. Now, O'Connor is claiming to have a "serious medical condition" that precludes him from appearing before a disciplinary hearing. Kohli simply wants the doctor's license to be revoked, pointing out that his resignation still leaves open the possibility that he might practice again in spite of his claim that he is ill and will not.
Although a number of theoretical viewpoints can be used to frame this case, including structural-functionalism and symbolic interactionism, gender and medical paternalism are at the forefront of the issues. Therefore, a feminist perspective allows for a fruitful investigation of the event. The feminist perspective shows how the structural inequities built into a paternalistic medical system work against a female petitioner like Kohli. A feminist perspective provides the underlying framework for understanding the phenomena of sexual harassment of abuse, of abuse of power in the doctor-patient relationship, and of the dismissal of the allegations -- as not being taken seriously is a core complaint of Kohli's. The bureaucracy's ability to pass the buck and avoid taking responsibility for a member of the medical profession also reflects the entrenchment of patriarchal institutions. This is nothing to do with the gender of the people on the Committee or in the College; it has to do with the role and function of these Committees and Colleges: they are specifically designed to uphold the paternalistic organizational culture of healthcare. That organizational culture is predicated on protecting the status quo, as can be seen by the fact that Kohli's initial complaints against Doctor O'Connor were never actually sent. A feminist perspective also explains why Kohli waited so long to use the media in her favor. As the journalist points out, Kohli "wanted to remain anonymous. She felt ashamed and isolated." The shame and isolation Kholi felt can also be addressed using a feminist sociological theory.
Feminist theory can be used to show how a system that imbues doctors with a position of power and authority can lead to blurred boundaries between appropriate and inappropriate professional behavior in spite of codes of ethics that might inform and constrain such behavior. In a research study focusing on physical therapists, similar results were shown to be the case. Almost 1000 therapists were surveyed, and it was found that "sexuality is part of the physical therapy practice environment and physical therapists' understanding of sexual boundaries is ambiguous," (Roush, Cox, et al., 2014, p. 327). Feminist theory shows how a patriarchal institution frames women's bodies in particular as being objects. The doctor remains in control of the body fully -- having access to the gamut of medical terminology that is used to possess power over the body, having access to tools and techniques for physical testing that can be sexually invasive. The doctor has power when he is performing tests and literally touching and feeling the female subject.
However, feminist theory shows that sexual harassment and abuse is not just about sexuality or boundary ambiguity. Feminist theory points to the structural issues at stake, which in this case are related to medical paternalism. Medical paternalism refers to the patriarchal system in which doctors possess a father-like power over patients, and use that power to coerce them into tests and treatments they might not want or need; or alternatively, might hold back information about patient health, retaining control over the medical discourse and disempowering the patient (Conly, 2013). Finally, feminist theory does not focus on the subordinate status of women only within a paternalistic medical system. Feminist theory offers the ability to reveal the power differentials across various points of intersection between race, class, and gender: a concept known as intersectionality (Pilgrim, 2016). Kohli is a woman of color. Moreover, she works as an addictions counselor, and as a trainer and facilitator with assaulted women, immigrants and refugees: people in the society who are systematically disempowered and even in some cases legally disempowered. Feminist theory shows how systems like healthcare assert patriarchal authority over subordinates, especially women of color.
Not having Kohli's initial complaint validated, then waiting more than ten years and being told that too much time has gone by for the complaint to be valid, and then going out of their way to protect the doctor by shielding him further from the allegations shows that the Ontario College symbolizes the perpetuation of patriarchal norms in healthcare. The bureaucratic structure of the healthcare institution prevents subordinates -- patients -- from possessing the power they need to effect change. In this case, Kohli launched a complaint that was systematically and repeatedly ignored. A person in a position of power would not have been silenced in such a way; their voices would have been heard. Also, feminist theory shows how and why Kohli silenced herself. Her shame and isolation are direct products of a patriarchal society. The complaints of a woman against a man who she perceived as an aggressor are deemed worthless and meaningless; only O'Connor's perspective mattered at every point of the deliberation process. It did not matter to the College or the Committee that Kohli perceived his kisses and advances as being overbearing or threatening -- a sign and symbol of his power over her. What mattered to the institutional authorities was O'Connor's flat out denial. He might not have perceived his actions as being threatening, just as the physical therapists in the Roush et al. (2014) article did not; their boundaries are skewed because they have been socialized to believe in their power and their privilege, and to look upon women's bodies, women's attitudes, and women's perceptions as being irrelevant. The male gaze is the dominant gaze, situating the doctor in a position where her body is fully exposed, but his remains cloaked safely behind a white coat. The male opinion is the dominant opinion, whether that opinion is related to medical decisions or to whether an act is a sexual advance or not.
Feminist theory is ideally integrated with symbolic interactionism to show how advances are perceived differently by different people. However, even on its own, feminist theory shows why the institution of medicine is structured against women of color. Kohli's "anguish," and her subsequent mental health issues have also revealed the ways women internalize patriarchal norms. Her shame and isolation become personal, psychological reactions to the external norms that tell her that it is not safe to speak out, that other people will stigmatize. Blaming the victim is in fact a pattern that perpetuates patriarchy; it prevents people bereft of power and authority from ever altering the balance of power in the society.
Conly, S. (2013). Against autonomy: justifying coercive paternalism. Journal of Medical Ethics, doi:10.1136/medethics-2013-101444
Pilgrim, D. (2016). Psychiatric coercion: some sociological perspectives. In Coersion in Community Mental Health Care. Oxford University Press.
Roush, S.E., Cox, K., et al. (2014). Physical therapists' perceptions of sexual boundaries in clinical practice in the United States. Physiotherapy Theory and Practice 31(5): 327-336.
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