Several cases of medical aid fraud, inappropriate sexual examination, misrepresentation of qualifications, and unregistered ambulance services…. MedicalBrief reports on the latest disciplinaries from the Health Professions Council of South Africa.
August 2022
De A A Firfiray (MP 0295590 / 23922042)
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 August 2020 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. Inappropriate examination of sexual nature of a patient 2. Examining a patient without gloves 3. Failure to offer patient a chaperone when undergoing an examination.
Penalty
The respondent pleaded guilty to the charges at the inquiry and was found guilty of unprofessional conduct. The sentence: a fine of R20 000 payable within 30 days; further suspended for one calendar year, which is wholly suspended for three years on condition he is not found guilty of a similar offence.
Mr D Nemutandani (ANA 0150797/24832580)
Ambulance emergency assistant
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in 2021 in respect of members of the public and/or patients, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that, you: 1. engaged in undesirable business practice by running an unregistered ambulance service that led to the demise of a pedestrian. 2. exposed patients to danger by transporting patients with an unregistered ambulance.
Penalty
The respondent was charged with one count of unprofessional conduct, and he pleaded guilty and was found guilty as charged. The following sanction was imposed: R20 000 fine imposed, wholly suspended for a period of two years on condition that the respondent is not found guilty of committing a similar offence during that period. Suspended from practice for 12 months, wholly suspended for a period of two years on condition the respondent is not found guilty of committing a similar offence during that period.
Dr SJ Mokgosi (MP 0556076/23190248)
Medical Practitioner
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 April 2019, in respect of your patient, you and/or your practice acted in a manner that is not in accordance with the standard of your profession in that, you: 1. communicated the patient’s confidential information to a third party who was not directly involved in caring for the patient. 2. failed to provide the patient with a letter of motivation for funding of life saving medication.
Penalty
The respondent was found guilty on count two of the charge. The following sanction was imposed: A fine of R10 000 payable within 30 days from 25 August 2022.
Ms SN Mtshweni (CH000481 / 24418210)
Podiatrist
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in from December 2020 until September 2021 in respect of your three patients on behalf of a Medical Aid Scheme you acted in a manner that is not in accordance with the norms and standards of your profession in that; 1.1 you acted fraudulently against the Medical Aid Scheme, submitting invoices claiming for services that you did not render.
Penalty
The respondent was found guilty and sentenced to a fine of R40 000 payable before 31 December 2022. Ordered to attend and obtain CPD Points on Ethics and Practice management and to submit proof of her attendance on or before 31 January 2023.
September 2022
Ms J Thabede (BAA 0433098/1434358)
Basic ambulance assistant
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession in that on or about May 2013 in respect of your patient you acted in manner not in accordance with the norms and standards of your profession in that you exposed your patient to danger by causing a deliberate delay in the transportation of a patient to hospital.
Penalty
The respondent was found guilty. Sanction: Removal of Ms J Thabede’s name from the register of Emergency Care Personnel Professions Board.
Dr DG Otto (MP 0767220/24379314)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that in January 2021 in respect of your patient you acted in a manner not in accordance with the norms and standards of your profession in that; 1.2 you issued an undated medical certificate to your patient in contravention of Ethical Rule 16 (1) (h); and/or 1.3 contempt of Council in that you failed to submit an explanation to Council despite numerous reminders being sent to you.
Penalty
Sentence: fined R20 000, R10 000 of which must be paid within four months.
Dr AJ Dybala (MP 0241393/23915034)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that from April 2018 to May 2020 or parts thereof, in respect of your patient, you acted unethically, in a manner not in accordance with the norms and standard of your profession in that, you over-serviced him by performing an unnecessary procedure.
Penalty
The Professional Conduct Committee found the practitioner guilty of unprofessional conduct and the following sanction was imposed: A fine of R30 000 be imposed in terms of section 42(1)(d) of the Health Professions Act, 56 of 1974. Fifty percent of the total fine be wholly suspended for two years on condition the respondent is not found guilty of a similar offence during period of suspension.
October 2022
Mr T Tsoahae (PS 0070289/21277726)
Psychologist
Complaint
Counts 1 – 6
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of the members mentioned in an account/statement wherein you charged and/or attempted to recover one or more or all of the amounts specified in the said accounts/statements in respect of professional services allegedly rendered by yourself and/or your practice on or about or during the period between January 2007 to December 2009 or portions thereof while: 1. in truth and in fact none of the professional services were rendered by you; and/or 2. you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 4. the said account was drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme.
Penalty
The Professional Conduct Committee found the respondent guilty. Sentence: • The respondent be erased from the Register. • The erasure has been suspended for a period of three years on condition that he is not found guilty of a similar offence committed during the period of suspension. • In addition, he must attend ethic courses for six months and submit reports on a monthly basis.
MR T Tsoahae (PS 0070289/21277726)
Psychologist
Complaint
Count 1
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of the members mentioned in an account/statement wherein you charged and/or attempted to recover one or more or all of the amounts specified in the said accounts/statements in respect of professional services allegedly rendered by yourself and/or your practice on or about or during the period between February 2018 to November 2021 or portions thereof while: 1. in truth and in fact none of the professional services were rendered by you; and or 2. you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 4. the said account was drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme.
Penalty
The Professional Conduct Committee found the respondent guilty as charged. Sentence: • The respondent be erased from the Register. The erasure has been suspended for three years on condition that he is not found guilty of a similar offence committed during the period of suspension. • In addition, he must attend ethic courses for six months and submit reports on a monthly basis.
Dr Gordon Cohen (MP 0288306/23078332)
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 from May 2018-July 2018, in respect of your patient, you and/or your practice failed to obtain informed consent.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in from May 2018-July 2018, in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of your profession by mismanaging the septic complications.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in from May 2018-July 2018, in respect of your patient, you acted in a manner not in accordance with the norms and standards of your profession by displaying lack of experience and or inability to perform the procedures done.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct on count two and not guilty on counts one and three. • Penalty count one • R50 000 payable within five months from date of inquiry.
Dr DG Otto (MP 0767220/24379314)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that in January 2021 in respect of your patient, you acted in a manner not in accordance with the norms and standards of your profession in that; 1.4 you issued an undated medical certificate to your patient in contravention of Ethical Rule 16 (1) (h); and/or 1.5 contempt of Council in that you failed to submit an explanation to Council despite numerous reminders being sent to you.
Penalty
Sentence: R20 000 fine, R10 000 of which must be paid within four months.
Mr D Maltman (OD 0003069/24453164)
Dispensing optician
Complaint
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that during September 2021 to December 2021, you and/or your practice, practised beyond your scope of practice by employing an optometrist, whilst you are registered as a Dispensing Optician.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed a R15 000 fine payable immediately.
Dr H Burger (MP 0272493/24405994)
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 the period from January 2020 to February 2021, or part/s thereof, 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 failed and/or neglected to refer him timeously to the relevant specialist.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that from January 2020 to February 2021, or part/s thereof, in respect of your patient, you acted in a manner not in accordance with the norms and standards of your profession in that you provided substandard and/or inadequate treatment to him.
Penalty
The Professional Conduct Committee found the Respondent guilty of unprofessional conduct and imposed the following sanction: caution and reprimand.
November 2022
Ms K Thenga (PS 0143944/24366108)
Psychologist
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 2020-2021 in respect of your patients and/or members of the public, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that, you: i. misled members of the public by fraudulently misrepresenting yourself online as clinical psychologist while registered with the HPCSA as a research psychologist. ii. iii. practised beyond the scope of your qualification.
Penalty
The respondent was charged with unprofessional conduct and found guilty: the following penalty was imposed: Fine of R50 000 payable on or before 31 December 2022; suspended from practice for six months and same is suspended for 12 months on condition that the respondent is not found guilty for committing a similar offence during that period.
Mr AL Nkuna (STA 0032484/23957746)
Speech therapist and audiologist
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that from 1 January 2019-31 May 2020 in respect of Medscheme beneficiaries, you and/or practice acted in a manner not in accordance with the norms and standards of your profession in that, you: i. fraudulently billed Medscheme beneficiaries; ii. over-serviced your patients; iii. falsified your invoices; iv. failed to submit adequate clinical notes upon request and; brought the profession into disrepute.
Penalty
The respondent was charged for unprofessional conduct and found guilty and sanctioned as follows: suspended from practising for 12 months and same is wholly suspended for three years on condition he is not found guilty for committing a similar offence within the three-year period. A fine of R20 000 payable on or before 30 April 2023.
Dr MC Mulaudzi (DP 0090077/23095850)
Dentist
Complaints
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 September 2017-December 2017, you and/or your practice fraudulently claimed from a Medical Scheme for services not rendered in respect of your patient.
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 2017 to December 2017, you and/or your practice fraudulently claimed from a Medical Scheme for services not rendered in respect of your patient.
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 2017 to December 2017, you and/or your practice fraudulently claimed from a Medical Scheme for services not rendered in respect of your patient.
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 2017 to December 2017, you and/or your practice fraudulently claimed from a Medical Scheme for services not rendered in respect of 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 September 2017 to December 2017, you and/or your practice fraudulently claimed from a Medical Scheme for services not rendered in respect of your patient.
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 September 2017 to December 2017, you and/or your practice fraudulently claimed from a Medical Scheme for services not rendered in respect of your patient.
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 September 2017-December 2017, you and/or your practice fraudulently claimed from a Medical Scheme for services not rendered in respect of 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 during the period August 2022-June 2021, you and or your practice contravened Ethical Rule 20 of the Rules of Conduct for Practitioners registered in terms of Health Professions Act 56 of 1974 as Amended, by failing to provide explanation to the HPCSA.
Count 9
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period August 2022- June 2021, you and or your practice contravened Ethical Rule 20 of the Rules of Conduct for Practitioners registered in terms of Health Professions Act 56 of 1974 as Amended, by failing to attend consultation with Committee of Preliminary Inquiry for Medical and Dental Professions Board.
Dr L Moodley (MP 0673589/22164302)
Medical Practitioner
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 September 2013 in respect of your patient, you acted in a manner that is not in accordance with the and standards of your profession in that you: 1.1. inappropriately managed a patient with tuberculosis; and/or 1.2. mismanaged a patient with tuberculosis; and/or 1.3. you treated a patient with tuberculosis in a private practice which is a notable condition to be treated in the public sector; and/or 1.4. medical aid fraud as it relates to a medical aid patient.
Penalty
Guilty on count 1 only and sentenced to a fine of R10 000.
Dr S.A. Shongwe and Dr M Fabiane (MP 0580775/24426278) (IN 05777766/24426280)
Medical Practitioner
Complaint – Dr Shongwe
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during May 2021 in respect of an Intern you acted in a manner that is not in accordance with the norms and standards of your profession in that; 1.1 you employed a practitioner registered as an intern as a locum; and/or 1.2 you exposed your patients to danger or harm by leaving the patients in the care of an intern; and/or 1.3 contempt of Council, failing to provide a response to Council (Section 42 (1) (d)
Dr M Fabiane
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period May 2021 you acted in a manner that is not in accordance with the norms and standards of your profession in that; 1.1 you practised beyond the scope of your practice; and/or 1.2 contempt of Council, failing to provide an explanation to Council (Section 42 (1) (d).
Penalty
Both were found guilty.
Dr Shongwe was suspended from practice with immediate effect for 12 months until 10 November 2023 and fined R20 000 payable before 28 February 2023.
Dr Fabiane was suspended from practice with immediate effect for 12 months until 10 November 2023 and fined R15 000 payable before 28 February 2023. Both practitioners are advised that they have 21 days within which to appeal the ruling from the date of inquiry.
Dr D C Kabongo (MP0407445/23047566)
Medical Practitioner
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 June 2018, you provided your patient with insufficient care in that you negligently mismanaged your patient who presented with acute myocardial infarction.
Penalty
The respondent was found guilty on count 2 and fined R70 000 of which R50 000 is wholly suspended for one year, R20 000 is payable to HPCSA within 30 days plus one year suspension from practice, which is wholly suspended for one year on condition that he not again found guilty on similar offence.