A Western Cape obstetrician and gynaecologist, suspended last year after two patients died, was given short shrift by the court this week after he appealed for reinstatement of his privileges at a private hospital.
In May 2023, Dr Ganes Anil Ramdhin pleaded guilty to “unprofessional conduct” before the Health Professions Council of South Africa (HPCSA) after a much publicised case involving two cancer patients, Zoleka Helesi and Beauty Mama, who subsequently died from botched gynaecological surgery.
He was suspended from the register of practitioners for an effective one year, meaning he could not lawfully continue to practise during this period.
But, reports News24, when his suspension was lifted, Ramdhin wanted to return to the Rondebosch Medical Centre where he had previously been based.
He was told he had to apply to renew his admission privileges in line with a newly introduced policy, which he subsequently did.
Ramdhin was later advised, though, that his admission privileges had in fact been terminated when he was suspended, and so he turned to the court with an urgent application for an interdict halting the implementation of that decision while he tried to challenge it.
When he was initially granted admission privileges in 2019, the agreement was, as the court explained in its judgment on Monday, “not recorded in writing, and its duration and the circumstances under which it would terminate was left to what (Ramdhin) referred to as an unarticulated understanding between the parties”.
In court, Ramdhin argued his privileges had, in fact, never been lawfully terminated, and he had a contractual right thereto.
But the hospital said the agreement contained “a term implied by law to the effect that (Ramdhin’s) admission privileges would terminate should he no longer be able to practice his profession”.
On Monday, the court found there was “nothing unjust, unreasonable or unfair” about this.
“On the contrary, there is every justification for such a term to be imported into the contract,” Acting Judge Brendan Manca said.
'Incorrect'
Ramdhin’s attorney Gavin Stansfield said they were still in the process of consulting about a potential appeal bid.
“Respectfully, we think the judgment is incorrect,” he added.
Ramdhin was previously struck from the UK register in 2006 for “persistent dishonesty over more than a decade”, “flagrant disregard for his responsibilities to patients” and “excuses” for his conduct, and has been suspended three times in South Africa.
See more from MedicalBrief archives:
Fresh criticism of ‘dysfunctional’ HPCSA after Ramdhin debacle
HPCSA misconduct hearing for doctor with previous charges, suspensions
New charges for thrice-suspended Cape doctor