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HomeMedico-LegalHPCSA disciplinaries: Incompetent and unauthorised post-mortems and numerous counts of fraudulent medical...

HPCSA disciplinaries: Incompetent and unauthorised post-mortems and numerous counts of fraudulent medical aid claims

A GP who botched a postmortem, a graduate clinical technologist who illegally prescribed medication, and an orthotist who issues numerous fraudulent claims to a medical aid…MedicalBrief’s roundup of recent findings by the disciplinary committees of the Health Professions Council of SA.

April
Dr K Ramsunder (KTG 0001937/24424992)
Graduate clinical technologist

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 during June 2019 – October 2020, you and/or your practice prescribed medication on the prescription note of your patient, in contravention of Ethical Rule 21 of the Rules of Conduct for Practitioners registered in terms of the Health Professions Act 56 of 1974 as amended.
COUNT 2
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that during June 2019 – October 2020, you and/or your practice prescribed medication when you are not sufficiently trained to do so.
COUNT 3
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that during June 2019 – October 2020, you and/or your practice contravened Ethical Rule 27A.1, by failing to act in the best interest of your patients.

Penalty
The Professional Conduct Committee found the respondent guilty on all counts and imposed the following sentence:
One year suspension, suspended for three years on condition that he does not commit a similar offence during the period of suspension; and a R9,000 fine payable within 30 days from date of inquiry; and must attend training on ethics within six months from date of inquiry.

Andy Mayimele (OT 0059854/23967276)
Occupational therapist

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 2019, you and/or your practice claimed for services not rendered from Medical Aid member.
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 2019, you and/or your practice claimed for services not rendered from a Medical Scheme.
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 January 2017 to December 2020, you and/or your practice rendered inappropriate billing by using tariff codes, 427, 415, 423, 431, 425 and 417.
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 January 2017 to December 2020, you and/or your practice performed remunerative work outside public services without permission to do so.
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 January 2017 to December 2020, you and/or your practice overbilled patients by using tariff codes 2017, 209 and 211.

Penalty
The Professional Conduct Committee found the respondent guilty on all counts and imposed the following penalty: two years’ suspension, suspended for three years, on condition that he does not commit a similar offence during the period of suspension; and a R30 000 fine, suspended for three years on condition that he does not commit similar offences during the period of suspension.

MAY 2022

Dr Monyakane P Sekobolo MP (0704164/23949002)
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 September 2020 in respect of your patient, you acted in a manner that is not accordance with the norms and standards of your profession, in that: you negligently and incompetently performed a postmortem which was below the expected standard, further, that there were several errors made and the post-mortem does not conform to the requirements of the forensic pathology services.

Penalty
The Professional Conduct Committee found the respondent guilty of
unprofessional conduct and imposed the following penalty: a R50,000 fine, wholly suspended for a period of two years on condition that he does not commit a similar offence during the period of
suspension; and: he must obtain his Diploma in Forensic Pathology within two years and submit such certificate to the HPCSA.

L Bosman OS (0008010/23098390)
Medical orthotist and prosthetist


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 the period between 2016 and 2018, or part/s thereof, in respect of your patient, 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 fraudulently claimed from a medical scheme for services not rendered;
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 between 2015 and 2018, or part/s thereof, in respect of your patient, 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 gave her some perverse incentive/s;
COUNT 3
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2016 and 2018, or part/s thereof, in respect of your patient”), 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 fraudulently claimed from a medical scheme for services not rendered;
COUNT 4
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2015 and 2018, or part/s thereof, in respect of your patient, 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 gave her some perverse incentive/s;
COUNT 5
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2016 and 2018, or part/s thereof, in respect of your patient, 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 fraudulently claimed from a medical scheme for services not rendered;
COUNT 6
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2016 and 2018, or part/s thereof, in respect of your patient, 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 fraudulently claimed from a medical scheme for services not rendered;
COUNT 7
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2016 and 2018, or part/s thereof, in respect of your patient, 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 fraudulently claimed from a medical scheme for services not rendered;
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 between 2016 and 2018, or part/s thereof, in respect of your patient, 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 fraudulently claimed from a medical scheme for services not rendered;
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 between 2016 and 2018, or part/s thereof, in respect of your patient, 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 fraudulently claimed from a medical scheme for services not rendered;
COUNT 10
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2016 and 2018, or part/s thereof, in respect of your patient, 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 fraudulently claimed from a medical scheme for services not rendered.

Penalty
The Appeal Committee set aside the sanction of 30 September 2021 and replaced it with the following finding and sanction: – Mr Le Roux Bosman is found guilty of charges 1, 3, 5 and 10; – He is found not guilty on charges 2, 4, 6, 7, 8 & 9; – Mr Le Roux Bosman is suspended from practice for a period of one year, which suspension is wholly suspended for a period of two years, effective from 30 September 2021; on condition that he does not commit the same or similar offences within the period of the suspension; a fine of R40,000 be imposed to be payable before or by 31 August 2022; he is to attend a course on ethic at an institution that is recognised by the HPCSA and to provide proof of such attendance before or by 30 April 2023.

 

 

 

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