Another suspension for oft-suspended general practitioner, a paramedic holds an employee against her will, and a R50 000 fine for sexual impropriety in a further case – MedicalBrief's round-up of the HPCSA guilty judgments between May and the beginning of July this year.
May
Dr DL Inderman (MP 0241636/23928002)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct in that during August 2020, or portions thereof and in respect of your patient’s five-month-old baby, you acted in a manner not accordance with the norms and standards of your profession, in that you:
a) Grossly negligently failed to assess and act properly on a sick child; and/or
b) Endangered your patient’ lives as you could not assess sick patient.
Penalty
The respondent is, in terms of Section 42 (1) (b) of the Health Professions Act, is hereby: suspended from practice for five years, two years of which are suspended for five years on condition he is not found guilty of unprofessional conduct within the said period.
Dr A Mukhari (MP 0480711/2388548)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct in that on or about August 2020, you issued a false medical certificate. You first consulted with the patient in August 2020, in direct contradiction of the issued medical certificate, which states that treatment was from July 2020 till August 2020.
Count 2
That you are guilty of unprofessional conduct or conduct in that on or about October 2020 to May 2021, you obstructed Council from performing its duties, as you failed to provide clinical notes upon request.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following penalty:
Count 1: R30 000 fine for fraud.
Count 2: R10 000 fine for obstructing Council in the performance of its duties. The fine of R40 000 must be paid within 90 days from date of inquiry.
H Heidema (OP 0012343/4248108)
Optometrist
Complaint
That you are guilty of unprofessional conduct or conduct in that during July 2011, 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 operated a mobile practice without the necessary authorisation/permission from Council.
Penalty
The respondent was fined R10 000, payable to the HPCSA by 31 May 2023.
AP Kruger (ECP 0005797/24370712)
Emergency Care Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct in that you and/or your practice, on or about the March 2021, in respect of your employee, acted in a manner that is not in accordance with the norms and standard of your profession by holding your employee against her will.
Count 2
That you are guilty of unprofessional conduct in that you and/or your practice, on or about the March 2021, in respect of your employee, acted in a manner that is not in accordance with the norms and standard of your profession by imposing treatment on your employee who was not your patient.
Count 3
That you are guilty of unprofessional conduct in that you and/or your practice, on or about the March 2021, in respect of your employee, acted in a manner that is not in accordance with the norms and standard of your profession by violating your employee’s human rights by compelling your sick employee to come to work and also forced her to take treatment in public when she was not your patient.
Penalty
The Professional Conduct Committee found the respondent guilty of two counts and sentenced suspension from practice for six months wholly suspended for two years on condition he is not found guilty of having committed similar offences during the period of suspension.
June 2023
Dr A Bhyat (MP 0321966/7918172)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct in that during April 2013, is respect of your patient, you acted in manner not in accordance with the norms and standard of your profession in that you were negligent during a procedure which resulted in an injury to the aorta and death of your patient.
Count 2
That you are guilty of unprofessional conduct in that between March 2013 and April 2013, you acted in a manner not in accordance with the norms and standards of your profession in that you failed and/or neglected to inform your patient of the risks involved in performing a laparoscopic Nissen Fundoplication procedure.
Penalty
1. The respondent was charged with one count of unprofessional conduct for negligence in that he failed to prevent an injury to the aorta during a laparoscopic Nissen fundoplication.
2. The respondent was convicted on the strength of his guilty plea and given the following sanction: a fine of R20 000 payable on or before 30 June 2023
Dr G Ramdhin (MP 0326879/23929184/ MP 0326879/23214890)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct in that on August 2020, in respect of the deceased patient, you acted in a manner not in accordance with the norms and standards of your profession in that you:
i. Performed the procedure without adequate pre-operative work up;
ii. ii. Performed the laparotomy without exhausting all other non-surgical methods of determining the extent of the cancer on the deceased;
iii. iii. Allowed the deceased’s daughter into a theatre to watch and/or observe an open abdomen of the deceased; and
iv. iv. Failed to refer the deceased to a gynaecological oncologist.
Count 2
That you are guilty of unprofessional conduct in that in May 2020, in respect of your patient, you acted in a manner not in accordance with the norms and standards of your profession in that you:
i. Performed the procedure without adequate pre-operative work up;
ii. ii. Performed this procedure at a medical centre and not a hospital;
iii. iii Provided your patient with inadequate post-operative care.
Penalty
1.The respondent was charged with one count of unprofessional conduct, in respect of the deceased patient, that relates to:
• failure to perform pre-operative work up and performing futile surgery on a patient who had an advanced stage four disease
• failure to provide the patient with adequate post-operative care.
2. The respondent pleaded guilty and was suspended from the register of practitioners for three years, two years of which are suspended for three years on condition he is not found guilty of a similar offence during that time.
Furthermore, he must get a supervisor of his choice, approved by the HPCSA, to mentor him.
3. The sanction in both matters to run run concurrently.
July
Dr MM Tebelele (MP 0491985/23193516)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct which, when regard is had to your profession, you acted in a manner not in accordance with the norms and standards of your profession in that you exhibited sexually impropriety towards your patient.
Penalty
1. The respondent was charged with one count of unprofessional conduct and found guilty of sexual impropriety by the Committee of Preliminary Inquiry.
2. The respondent entered a plea of not guilty.
3. The Professional Conduct Committee returned a verdict of guilty.
4. The following sanction was imposed: a R50 000 fine payable as follows:
a. The first instalment payable on or before 7 July 2023 and the final instalment to be paid on or before 7 December 2023.
b. Furthermore, 12 months’ suspension from the register, wholly suspended for three years on condition he is not found guilty of a similar offence during that period.
See more from MedicalBrief archives:
Fresh criticism of ‘dysfunctional’ HPCSA after Ramdhin debacle
HPCSA disciplinaries: sexual abuse, and failure to diagnose chronic disease
HPCSA disciplinaries from August to November 2022
Gynae’s malpractice hearing stalls after plea change
New charges for thrice-suspended Cape doctor