HPCSA disciplinary findings — March 2021

Organisation: Position: Deadline Date: Location:

A doctor guilty of failing to take a patient's pre-operative history, as well as neglecting to monitor blood pressure and respond to cardiac arrest, is among the March findings of the Health Professions Council of SA's disciplinary committees, reports MedicalBrief.

The three other cases involved allied health professionals who fraudulently claimed from medical schemes. All were fined and suspended from practice – suspensions that, in turn, were wholly suspended.

Mr N Mathye (STA 0033928/23239072) (Pretoria)
Complaint:
COUNT 1
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about August 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid..
COUNT 2
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about September 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 3
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about September 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 4
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about September 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 5
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about August 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 6
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about June 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 7
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about March 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 8
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about June 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 9
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about July 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 10
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about June 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 11
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about July 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 12
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about April 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 13
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about August 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 14
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about July 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 15
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about August 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 16
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about March 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
COUNT 17
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about August 2019, you and/or your practice in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of the profession in that, you and/or your practice claimed for services not rendered from the Medical Aid.
Penalty:
The respondent was charged with one (1) count for fraud, he entered a guilty plea in respect of same.
The respondent was found guilty by the Professional Conduct Committee and the following penalty was imposed:
A fine of R50 000.00 is imposed,
R35 000.00 of which is suspended for a period of 3 years on condition that he is not found guilty of a similar offence during the period of suspension, R15 000.00 payable immediately;
suspended from practice for a period of 3 years, this suspension is wholly suspended for a period of 5 years on the following conditions;
• that he is not found guilty of a similar offence during the period of suspension;
• attends a course on practise management that deals specifically, with fraud management
• and submit proof of completion to Council within a period of 3 years.

Mr M Buthelezi (PS 0109371/19228378) (Pretoria)
Complaint:
COUNT 1
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about June 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants; and/or
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 2
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about June 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient/or his dependants; and/or
c) you were not entitled to payment of one or more or all the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 3
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about June 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 4
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about July 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 5
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about July 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 6
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about June 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants;
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 7
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about June 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants;
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 8
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about July 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants;
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
COUNT 9
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about July 2014, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of Anna your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, whilst:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or his dependants;
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme concerned.
Penalty:
The Respondent was found guilty as charged for fraud on Count 1 -9. The Sentence:
• Fine R100 000 which is payable to the HPCSA, within 12 months from 31 May 2021.
• Respondent is suspended from practice for a period of 3 years of which the suspension is wholly suspended for period of 5 years.
• The respondents must undergo a course on ethics which is recommended by the HPCSA within twelve months from the date of this sanction.

Dr D Kotze (MP 0199850/2444590) (Pretoria)
Complaint:
THAT you are guilty of unprofessional conduct or conduct which when regard is had to your profession, is unprofessional in that on or about May 2012, in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that:
1. you failed and/or neglected to properly assess the history of the patient pre-operatively (specifically the history of asthma)
2. you failed and/or neglected to monitor the patients blood pressure during the surgery
3. you failed and/or neglected to remain with the patient until the monitors were connected
4. you failed and/or neglected to appreciate and/or respond to the cardiac arrest in that the intubation took 20 minutes to achieve after the arrest has occurred.
The Respondent pleaded guilty to the Charges against him.
Penalty:
• fine of R70 000.00
• half of the R70 000 is suspended for a period of 12 months (1 year) on condition that he is not found guilty of a similar offence
• he has to pay an amount of R35 000.00 in 10 monthly instalments of R3500.00 per month first payment being on 31 March 2021.

Mr WB Mkhacwa (PT 0122971/23139024) (Pretoria)
Complaint:
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during or about May 2019, in respect of your patient, the complainant, you and/or your practice fraudulently claimed from the medical scheme for services not rendered.
The Respondent was charged with one (1) count of fraud.
Penalty:
The respondent was found guilty, and the Committee imposed a sanction as follows:
• A fine of R30 000.00 imposed,
R15 000, 00 suspended for a period of 3 years on condition that he is not found guilty of a similar offence during the period of suspension, R15 000.00 payable on or before 30 June 2021.
• To attend an Ethics Course with an institution that is recognised or accredited by the Health Professions Council of South Africa and to furnish proof of attendance to HPCSA on or before 14 September 2021.

 

HPCSA judgments

 

See also from MedicalBrief archives:

 

HPCSA disciplinary findings — January and February 2021


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