Former Gqeberha endocrinologist Dr Gregory Hough, disbarred by the Health Professions Council of South Africa (HPCSA) after being found guilty of sexual misconduct involving former patients, is fighting to be readmitted to the medical profession, reports IOL.
Hough was charged with seven counts of unprofessional conduct, all tied to incidents that occurred in 2013 and 2014, is now challenging both his convictions and the sanction.
The complaints were laid in 2020 and related to allegations of various forms of sexual assault against three female patients. He was found guilty in June this year on two of the charges and acquitted on the others due to technical reasons.
He has been unable to practise medicine since July after the HPCSA removed his name from the register, and has meanwhile instituted an appeal and a review application relating to the findings against him. The legal proceedings are still ongoing.
Now he is asking the High Court to suspend his name from being removed from the register, pending the outcome of the ongoing litigation, saying he will suffer irreparable harm if he can no longer practise as a specialist and earn an income.
He said that he has good prospects of succeeding with his pending review and appeal.
The court said it was not its role to make a finding on his prospects of success in the pending appeal or review. The review application is based on the alleged bias of the members of the Professional Conduct Committee, while the pending appeal concerns the handling of evidence, specifically how it was accepted, interpreted, and applied by the committee.
The court noted that the applicant was legally represented during his previous hearings, and he was able to cross-examine witnesses and make submissions before his conviction and the imposition of the sanction.
“The applicant was charged and found guilty of sexual misconduct, not of some intrinsic aspect of medical negligence,” the court said.
It added that the charges relate to sexual misconduct towards female patients and are not based on medical negligence.
“South Africa is plagued by the sexual exploitation of women and children; as such, the courts almost daily express themselves on this aspect,” the court noted in turning down the application.
IOL article – Legal battle: Doctor seeks reinstatement after sexual misconduct ruling (Open access)
See more from MedicalBrief archives:
HPCSA opposes sexual misconduct doctor’s ban appeal
Nelson Mandela Bay endocrinologist suspended for sexual assaults