Numerous counts of medical aid fraud, an unnecessary procedure carried out on a patient, failure to attend to an ectopic pregnancy and using social media to disgrace the industry… MedicalBrief reports on the latest disciplinaries from the Health Professions Council of South Africa (mid-July to August).
Dr M Tupy (MP 0357960/9657536)
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 during or about September 2010 or portions 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 performed a procedure on your patient which was unnecessary and/or not indicated.
Penalty
1. The respondent was charged with one count of unprofessional conduct, and he pleaded guilty to the charges 2. The Respondent was found guilty, and the following was imposed: suspension from practice wholly suspended for a period of three years on condition that he is not found guilty for committing a similar offence during the three-year period.
Dr A Rembuluwani (MP 0398772/24427808)
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 the January 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 you performed an inadequate circumcision.
Penalty
The Respondent appeared before the Professional Conduct Committee for unprofessional conduct. 2. The Respondent was found guilty as charged and was sanctioned as follows: suspended from practice for one year, which is wholly suspended for three years on condition that he is not found guilty of a similar offence during the period of suspension.
Dr NK Raoleka (MP 0612464/23062624)
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 March 2019 to May 2019, in respect of your two 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 provided insufficient care and/or substandard care to 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 during the period March 2019 to May 2019, in respect of your 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 engaged in an undesirable business practice model of health care in the management of your patient.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following penalty: a fine of R5 000 for Count 1; R10 000 for Count 2. The penalty is suspended for a period of three years on condition that she is not found guilty of similar offence during period of suspension.
Dr E Assan (MP 0611794/22849848 C)
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 February 2019, you and/or your practice were negligent in that you were on call yet failed and/or never attended to your patient, with an ectopic pregnancy condition.
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 the year 2019, you and/or your practice were engaged in undesirable business practice in that you employed a Locum Tenens to manage your practice when you were employed in a government institution for more than six months.
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 February 2019, you and/or your practice exposed your patient to danger.
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 2019, you and/or your practice exposed your patient to danger in that you and/or your practice did not manage your patient’s appendicitis in accordance with the norms and standards of your profession.
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 2019, you and/or your practice performed an operation without proper examination and/or doing CT scans of your patient.
Penalty
The Professional Conduct Committee found the Respondent guilty of unprofessional conduct and imposed the following penalty: a fine of R10 000; R5 000 is payable immediately; and R5 000 is payable in three months.
August 2022
Dr OM Ichoku (MP 0740853/22349566)
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 10 June 2017 in respect of Ms Fatima Mahlobo (“your patient”), you acted in a manner that is not in accordance with the norms and standards of your profession in that, you were negligent in terms of your management of a patient with a ruptured ectopic pregnancy.
Penalty
The respondent was charged with one count of unprofessional conduct for negligently handling a patient with a ruptured ectopic pregnancy and found guilty, and the following sanction was imposed: Effective suspension from practice for a period of 12 months. The respondent is to attend a short course on emergency treatment and submit a report to Council/HPCSA within a period of 12 months from (28 July 2022).
Dr P Manaka (MP 0692050/23101934)
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 the January 2015 and February 2016, you and/or your practice rendered or caused or permitted to be rendered; and/or failed to take reasonable steps to prevent from being rendered certain statements of account for professional services allegedly rendered in respect of your patients for the above period: 1.4 one or more or all of the accounts were incorrect, alternatively false; and/or 1.5 you did not render one or more or all of the professional services in respect of your patients for the above period; 1.6 you charged fees to which you were not entitled, and/or 1.7 one or more or all of the said statements of account was/were drafted in such a manner so as to cause financial prejudice or potential prejudice to the Medical Aid Scheme and/or your patients, in the amount of R4 024 387.99. 1.3 you charged fees to which you were not entitled; and 1.7 one or more or all of the said statements of account was/were drafted in such a manner so as to cause financial prejudice or potential prejudice to the Medical Aid Scheme and/or your patients, in the of R4 024 387.99. 1.3 you charged fees to which you were not entitled.
Penalty
The Respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty as charged and sanctioned as follows: R50 000 fine; payable by the end of September 2022; in addition; the respondent is suspended from practice for one year, which is wholly suspended for three years, on condition he is not found guilty of a similar offence during the period of suspension.
Dr N GODI MP (0308838/23923640)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended is unprofessional in that on or about March 2019 and/or portions thereof in relation to your patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you: 1. exposed the patient to danger as you were not present to provide care and treatment to the patient (Performing RWOPS); 2. provided insufficient care to the patient by not exercising proper supervision to the junior staff in managing care of a high–risk patient.
Penalty
The Respondent appeared before the Professional Conduct Committee for unprofessional conduct and found guilty for performing RWOPS (Count 1.1.) and sanctioned as follows: i. R5 000 fine, of which it is wholly suspended for one year; ii. On condition that he is not found guilty of a similar offence during the period of suspension.
Mr MD Mabalane (ANT 0014966/24406714)
Paramedic
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended is unprofessional in that on or about 2019 to 2020 and/or portions thereof in relation to your late colleague, acted in a manner that is not in accordance with the norms and standard of your profession in that: you used improper and ineffective communication about other practitioners on social media: as a result you put the profession into disrepute; 2. as a result of your conduct above, you damaged the reputation of your colleagues and contravened the HPCSA Ethical Guideline booklet 16 on social media.
Penalty
The Respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty as charged and sanctioned as follows: Caution and reprimand; Further, he must do a course in professional ethics within 12 months.
Ms N Shongwe (PRC 0027057/24362534)
Registered counsellor
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about November 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to a Medical Aid in respect of your patients 1. none of the professional services were rendered by you; and/or 2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/o 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 your patient and/or the Medical Aid Scheme concerned.
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about October 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to a Medical Aid Scheme in respect of your patients 2.1. none of the professional services were rendered by you; and/or 2.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 2.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 2.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to A Medical Scheme in respect of your patients 3.1. none of the professional services were rendered by you; and/or 3.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 3.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 3.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the
Medical Aid Scheme concerned.
COUNT 4
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to A Medical Scheme in respect of your patients 4.1 none of the professional services were rendered by you; and/or 4.2 you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 4.3 the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 4.4 the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 5
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 to 2018 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to a Medical Aid Scheme in respect of your patients 5.1-none of the professional services were rendered by you; and/or 5.2 you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 5.3 the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 5.4 The said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned
COUNT 6
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 to 2018 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to a Medical Aid Scheme in respect of your patients 6.1 none of the professional services were rendered by you; and/or 6.1. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 6.3 the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 6.4 the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 7
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to a Medical Aid Scheme in respect of your patients 7.1 none of the professional services were rendered by you; and/or 7.2 you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 7.3 the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 7.4 the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned
COUNT 8
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 to 2018 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 8.1. none of the professional services were rendered by you; and/or 8.2 you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 8.3 the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 8.4 the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 9
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 to 2018 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients 9.1. none of the professional services were rendered by you; and/or 9.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 9.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 9.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 10
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the medical Aid in respect of your patients: 10.1. none of the professional services were rendered by you; and/or 10.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 10.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 10.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 11
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 11.1. none of the professional services were rendered by you; and/or 11.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 11.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 11.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 12
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 08 December 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients 12.1. none of the professional services were rendered by you; and/or 12.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/o 12.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 12.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 13
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about November 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 13.1. none of the professional services were rendered by you; and/or 13.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 13.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 13.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 14
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 14.1. none of the professional services were rendered by you; and/or 14.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 14.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 14.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 15
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about November 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 15.1. none of the professional services were rendered by you; and/or 15.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 15.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 15.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 16
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 04 October 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients 16.1. none of the professional services were rendered by you; and/or 16.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 16.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 16.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 17
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about November 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 17.1. none of the professional services were rendered by you; and/or 17.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 17.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 17.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 18
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about October 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 18.1. none of the professional services were rendered by you; and/or 18.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 18.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 18.4. the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 19
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about 27 October 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 19.1.none of the professional services were rendered by you; and/or 19.2.you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 19.3.the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 19.4.the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
COUNT 20
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with the provisions of section 1 of the Health Professions Act 56 of 1974 is unprofessional in that on or about November 2017 and/or portions thereof you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statement of account to the Medical Aid in respect of your patients: 20.1.none of the professional services were rendered by you; and/or 20.2.you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or 20.3.the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or 20.4.the said account was drafted in such a manner as to cause financial or potential prejudice to your patient and/or the Medical Aid Scheme concerned.
Penalty
The Respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty as charged and sanctioned as follows; one-year suspension, of which it is wholly suspended for two years on condition that she is not found guilty of a similar offence during the period of suspension.
Dr M Schuhardt (MP 0276111/24359528)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended is unprofessional in that on or about 08 June 2019 and/or portions thereof in relation to your patient, you acted in a manner that is not in accordance with the norms and standard of your profession in that you: 1.1. failed to maintain the highest and expected standard of personal conduct and integrity. 1.2. failed to avoid improper relationships with the patient. 1.3. failed to respect the privacy and dignity of the patient. 1.4. failed to maintain mutual trust between yourself and the patient.
Penalty
The Respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty on subparagraph 1.3. (failed to respect the privacy and dignity of the patient) and was sanctioned with a R5 000 fine.