Guilty verdicts for unauthorised procedures under anaesthetic and broken instruments during root canal, among others, were handed down by the Health Professions Council of SA between January and March, writes MedicalBrief.
January 2024
Dr FS Khumalo (0335223/ 2023/230111- 000887)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct and that on or about October 2022, and in respect of a deceased person, you acted in a manner not in accordance with the norms and standards of your profession, in that you completed the Notice of Death Form B1 1663A as a medical practitioner registered to practise your profession, pretended to the Department of Home Affairs and certified that you had examined the deceased person whereas in truth and in fact, you knew you did not examine the deceased person, to the actual or potential prejudice of FNB.
Count 2
That you are guilty of unprofessional conduct or conduct which is unprofessional in that on or about October 2022, and in respect of a deceased person, you acted in a manner not in accordance with the norms and standards of your profession when completing the Notice of Death Form B1 1663A as a medical practitioner registered with the HPCSA to practise your profession, and you negligently failed to confirm the identity of the deceased person.
Count 3
That you are guilty of unprofessional conduct or conduct which is unprofessional in that on or about October 2022, and in respect of a deceased person, you acted in a manner not in accordance with the norms and standards of your profession, in that you completed the Notice of Death Form B1 1663A as a medical practitioner registered to practise your profession, pretended to the Department of Home Affairs and certified that you have examined the deceased person whereas in truth and in fact, you knew you did not examine the deceased person to the actual or potential prejudice of FNB.
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 October 2022, and in respect of deceased person, you acted in a manner that is not in accordance with the norms and standards of your profession when completing the Notice of Death Form B1 1663A as a medical practitioner registered with the HPCSA to practise your profession and you negligently failed to confirm the identity of the deceased person.
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 October 2022, and in respect of deceased person, you acted in a manner not in accordance with the norms and standards of your profession, in that you completed the Notice of Death Form B1 1663A as a medical practitioner registered to practice your profession, pretended to the Department of Home Affairs and certified that you have examined the deceased person whereas in truth and in fact, you knew that you did not examine the deceased person to the actual or potential prejudice of FNB.
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 October 2022, and in respect of the deceased person, you acted in a manner not in accordance with the norms and standards of your profession when completing the Notice of Death Form B1 1663A as a medical practitioner registered with the HPCSA to practice your profession, and you negligently failed to confirm the identity of the deceased person.
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 October 2022, and in respect of a deceased person, you acted in a manner not in accordance with the norms and standards of your profession, in that you completed the Notice of Death Form B1 1663A as a medical practitioner registered to practice your profession, pretended to the Department of Home Affairs and certified that you have examined the deceased person whereas in truth and in fact, you knew that you did not examine the deceased person to the actual or potential prejudice of FNB.
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 October 2022, and in respect of a deceased person, you acted in a manner not in accordance with the norms and standards of your profession when completing the Notice of Death Form B1 1663A as a medical practitioner registered with the HPCSA to practise your profession and you negligently failed to confirm the identity of the deceased person.
Penalty
The Professional Conduct Committee found the practitioner guilty of counts 2, 4, 6 and 8 and sentence was as follows: a fine of R50 000, with R25 000 payable in three monthly instalments, and the other R25 000 wholly suspended for three years on condition he is not found guilty of a similar offence committed during the suspension.
February
Dr PW Du Toit (0062014/220927- 002676, 0062014/220928- 003975 )
Dentist
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 July 2022 in respect of your patient, you acted in a manner not in accordance with the norms and standards of your profession in that you failed to obtain consent for performing treatment under general anaesthetic.
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 2021 in respect of your patient, you acted in a manner not in accordance with the norms and standards of your profession in that you failed to inform your patient that you broke an instrument in the canal while performing a root canal treatment.
Penalty
The respondent was found guilty on count 2 and is to refund to the complainant the monies paid for the procedure done; R20 000 fine payable by the end of February 2024. In addition; he is suspended for one year, wholly suspended for two years on condition he is not found guilty of a similar offence during the suspension.
Dr S Majozi (0001198/ 230127- 004364)
Clinical associate
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 January 2018 and February 2018, and in respect of the patient, you acted in a manner not in accordance with the norms and standards of your profession in that you engaged in undesirable business practice and model with the patient, a health practitioner, when you entered into a contract with him and failed to honour same.
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 January 2018 and February 2018, and in respect of the patient, you acted in a manner not in accordance with the norms and standards of your profession in that you failed to pay the patient (“a health practitioner”) according to the contract.
- No verdict received from HPCSA
M Ledwaba (0010120/24402610)
Orthotist and prosthetist
Complaint
Count 1
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that on or about January 2020 until June 2020, you and/or your practice; a) irregularly claimed from GEMS medical scheme using code 10313 and 10433; and you b) failed to keep proper clinical files of your patient.
Count 2
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that on or about January 2020, you and/or your practice claimed from medical aid member, for services not rendered.
Penalty
The Professional Conduct Committee issued a R70 000 fine suspended for three years on condition she does not commit similar offences during the suspension.
March 2024
Dr X Ntshangase (0593316/230111-000887)
Medical Practitioner
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 December 2022 you failed to personally examine the deceased before you signed off the BI 1663 form.
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 July 2023, you failed to personally examine the deceased before you signed off the BI 1663 form.
Penalty
The respondent was charged with two counts of unprofessional conduct and found guilty: the following penalty was imposed: R100 000 fine, half of which is suspended for three years on condition he is found not guilty of a similar offence during the suspension. The balance of R50 000 is payable within six months from the date hereof.
Dr D Van Zijl (0430048/2487438)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during June 2011, 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 you did not discuss and/or disclose your fees to the patient (failure to obtain informed consent).
Penalty
The respondent was fined R30 000, R15 000 of which is suspended for two years on condition that the respondent is not found guilty of a similar offence during the period of suspension. The R15 000 is payable within seven days of receipt of the sanction.
NB: Van Zijl has lodged an internal appeal against the findings and penalty imposed by the HPCSA.
Dr Z Mlangeni (0731846/230303-002435)
Medical Practitioner
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 between October 2020 and July 2022, and in respect of members belonging to Medical Aid Schemes, you acted in a manner not in accordance with the norms and standards of your profession in that you and/or your practice: 1. claimed for professional services not rendered; and/or 2. your accounts/statements were drafted in a manner that was inaccurate and/or incorrect; and/or 3. were not entitled to one or some of any payment of the amounts specified in your and/or your practice accounts/statements submitted to one and/or more than one medical aid scheme(s), to the financial prejudice of one or more of the Medical Aid Schemes.
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 or during October 2020 to July 2022, and in respect of members belonging to Medical Aid Schemes, you acted in a manner not in accordance with the norms and standards of your profession in that you and/or your practice over-serviced and over-charged your patients.
Penalty
The Professional Conduct Committee found the respondent guilty as per his plea explanation and not guilty count 2. Penalty: R30 000 fine payable in three monthly instalments (end March 2024, end April 2024 and end May 2024). POP must be submitted to PFC once payment is made. Further two years suspended for three years on condition that he is not found guilty of a similar offence committed during the period of suspension.
Dr B Maboso (0926159/231128-00279)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during September 2021 to September 2022, you were practicing in the private sector whereas you are registered under public category.
Penalty
The respondent was fined R10 000, payable before 20 April 2024.
Dr E Moloi (0394599/24845638 and 0394599/24436878)
Medical Practitioner
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 May 2021, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession in respect of your patient, in that you and/or your practice conducted yourself in an improper and/or disgraceful manner in relation to fees and commission which your patient was required to pay.
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 May 2021, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession in respect of your patient, in that you and/or your practice overcharged your patient for services rendered for the procedure performed.
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 May 2021, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession in respect of your patient, in that you and/or your practice exposed your patient to danger and/or harm.
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 May 2021, you and/or your practice acted in a manner not in accordance with the norms and standards of your profession and that you provided insufficient care to your patient.
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 May 2021, you and/or your practice acted in a manner not in accordance with the norms and standards of your profession in respect of your patient, in that you provided treatment without obtaining her informed consent.
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 May 2021, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession in respect of your patient, in that you and/or your practice engaged in undesirable business practices or models.
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 February 2022 to May 2020, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession, in that you did not obtain an adequate informed consent from your patient and thereafter performed a procedure not understood by your patient.
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 or between February 2020 and May 2020, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession in that before performing a procedure, you did not obtain an adequate informed consent from your patient by failing to explain the consequences of the procedure you were going to perform on her, which were material to her decision making.
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 or between February 2022 and May 2020, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession in respect of your patient in that there were discrepancies between codes submitted by you and/or your practice to the medical aid and the procedure that you explained to the patient which you eventually performed.
Penalty
The Professional Conduct Committee gave the following penalty: The respondent was found not guilty on Counts 1 and 2; found guilty of Counts 3 – 9; and 2. Penalised as in the following: one year immediate suspension from practicing his profession followed by two years immediate suspension wholly suspended for five years on condition he is not found guilty of having committed similar offences during the period of suspension.
In addition, he is fined R70 000, payable immediately and must attend a course on Ethics related to communication.