A Pretoria doctor who appealed against the HPCSA’s finding of negligence after he had refused to admit a private patient to Netcare Unitas Hospital in Centurion – after which the patient was taken to a public hospital where he died the next day – has successfully cleared his name.
The Star reports that the High Court, on appeal, accepted that as a private practitioner, Dr Norbert Welkovics had the right to refuse to accept a patient, provided such refusal was exercised ethically.
Welkovics had previously been suspended and fined by the Health Professions Council of South Africa (HPCSA) conduct committee.
The Gauteng High Court was told that the now-deceased Johannes Phillips arrived by ambulance at Netcare Unitas Hospital on 19 May 2020 after collapsing at home, suffering from shortness of breath, general body weakness, and fatigue.
These symptoms had persisted for two days. He had chronic obstructive pulmonary disease, was on home oxygen therapy, and suffered from hypertension and diabetes.
A casualty doctor, employed by a private practice operating the hospital’s casualty department, treated Phillips and diagnosed him with heart and kidney failure, recommending admission to high care or ICU for further investigations and treatment.
The doctor phoned Welkovics to ask him whether he would admit the patient, but Welkovics declined to accept the deceased as a patient after enquiring whether his medical condition constituted an emergency, and being told it was not.
Philiips was subsequently transferred to Steve Biko Academic Hospital, where he died the next day.
His daughter had lodged a complaint with the HPCSA against Welkovics’ refusal to admit her father, and he was given a R100 000 fine and a 12-month suspension from practice, which was suspended.
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