Incompetent hip surgery, an ambulance assistant who drove over a colleague, and two psychologists struck from the register. MedicalBrief’s roundup of recent findings by the disciplinary committees of the Health Professions Council of SA.
January-April 2023
January
Dr TA Shoniwa
(MP 0362166/23239616 )
Medical practitioner
Complaint
That you are guilty of unprofessional conduct or conduct in that on or about February 2018-June 2018 in respect of your patient, you and/or your practice acted in a manner not in accordance with the standard of your profession in that; you:
1. Managed your patient in a sub-standard manner;
2. Failed multiple times in performing a hip replacement surgery within a short period of time;
3. Were incompetent in performing a hip replacement surgery.
Penalty
The Respondent was charged and found guilty of unprofessional conduct relating to managing a patient in a sub-standard manner and being incompetent in performing a hip replacement.
He was fined R50 000 on both counts; suspended from practice for 12 months, and same was wholly suspended for two years on condition he is not found guilty of committing a similar offence within the period of suspension.
February
Mr MA Mofokeng (ANA 0120421/23065450)
Ambulance emergency assistant
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 August 2018 at the premises of Emergency Medical Services in Rustenburg you: while on duty, negligently knocked your colleague down with a vehicle, intentionally causing him bodily harm; and/or, you failed to check the emergency vehicle before use as per the vehicle checklist.
Penalty
Mr Mofokeng has been found guilty of unprofessional conduct and sentenced as follows:
Suspended from practice for one year effective immediately; nine months of the suspension is suspended for two years on condition the respondent is not found guilty of a similar offence; R10 000 fine payable as follows: R5 000 payable on 31 May 2023; R5 000 payable on 30 June 2023.
March
Dr I Patel
(MP 0513105/3927930)
Medical practitioner
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during March and April 2013, and/or portions thereof, and with regards to your patient, you engaged in inappropriate communication of a sexual nature.
Penalty
The Appeal Committee resolved that: the original fine of R60 000 was reduced to R30 000 payable in full at the end of April 2023; the suspension was rescinded; the remedial sentence was upheld.
Dr JH Maluleke (MP 0535478/23971326)
Medical practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which is unprofessional in that during July 2020, or part/s thereof, in respect of your patient (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you ordered an investigation but failed and/or neglected to make a follow-up and/or act on it.
Count 2
That you are guilty of unprofessional conduct or conduct which is unprofessional in that during July 2020, or part/s thereof, in respect of your patient (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you mismanaged her acute appendicitis that led to endangering both the life of the parent and/or her unborn baby.
Penalty
The Professional Conduct Committee found the Respondent guilty of unprofessional conduct and imposed the following: five years’ suspension, which is wholly suspended for five years; plus a fine of R100 000, half of which is suspended for another five years, payable within 12 months.
Dr L Makhafola & Dr BM Seakamela
(MP 0746479/23089066 & MP 0719846/22270746)
Medical practitioners
Count 1 – Dr Mahkafola
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 period of June 2018 you acted in a manner that is not in accordance with the norms and standards of your profession in that you:
1. failed to recognise and you inappropriately managed a deteriorating critically ill child;
2. failed to keep adequate records.
Count 1 – Dr BM Seakemala
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about 18 June 2018 to 21 June 2018 you acted in a manner not in accordance with the norms and standards of your profession in that you:
2.1. failed to recognise and inappropriately managed a deteriorating critically ill child;
2.2. failed to keep adequate records.
Penalty
The Respondents both appeared before the Professional Conduct Committee for unprofessional conduct and were found guilty on different counts:
Dr Makhafola was acquitted of count 2 and was found guilty of the second part of count one (1). He was sanctioned thus: R45 000 fine, payable in nine instalments of R5 000 per instalment, payment to start from the end of March 2023.
Dr Seakamela was found guilty of both counts and sanctioned as follows: R70 000 fine, payable in seven instalments of R10 000; payment to start from end of March 2023. Further, he 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 S Baloyi (MP0629146/24837804)
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 the period January 2022 until February 2022, you acted in a manner not in accordance with the norms and standards of your profession in that;
1.1 you acted negligently by providing inadequate management of a severe anaemia post-operatively;
1.2 you acted negligently by providing inadequate management of thromboprophylaxis in a high risk patient;
1.3 you acted negligently by providing inadequate and or inappropriate pre-operative assessment;
1.4 you acted negligently by missing early signs of pulmonary embolic disease.
Penalty
Dr Baloyi pleaded and was found guilty and sentenced as follows: payment of a fine of R70 000; suspended from practice for three years. Such suspension was also suspended for three years on condition he is not found guilty of a similar offence.
He was reminded of his right to appeal.
Mr K Van Reenen (ANA 039750/24394836)
Ambulance emergency assistant
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period on or about July 2021 in respect of your patient and minor patient, you acted in a manner not in accordance with the norms and standards of your profession in that;
1.1 you posted pictures of a patient on social media platforms in violation of Council’s social media policy guidelines and or;
1.2 engaged in undesirable business practice or models.
Penalty
Mr K Van Reenen pleaded guilty to the charge of posting pictures of a patient on social media against the council’s guidelines and was found guilty. He was fined R5 000, half of which was suspended for three years on condition he is not found guilty of a similar offence. The balance of R2 500 is payable on or before 30 April 2023. Mr Van Reenen is urged to familiarise himself with the rules and regulations of the HPCSA as it applies to his operation.
April
Dr C Van Der Westhuizen (IN 0686506/24912376)
Medical intern
Complaint
Count 1
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 2022 and/or portions thereof, you acted in a manner not in accordance with the norms and standard of your profession in that:
1.1 you practiced outside the scope of your current registration;
1.2 even after you indicated that you had stopped the clinical activities, you continued to be registered as an owner of a company that would provide such services.
Penalty
The Respondent was charged with one count which contained two paragraphs: the respondent pleaded guilty to paragraph 1.1. and was sanctioned as follows:
• R10 000 fine.
• The evidence we have could not sustain count 1.2. and therefore, we need not pursue it.
Mrs A Wunyala- Bukari
(PRC 0023060/24834394)
Registered counsellor (psychology)
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 period of January 2015 to August 2018 you acted in a manner not in accordance with the norms and standards of your profession in that you:
1.1. are in contempt of Council;
1.2. committed fraud by claiming for services not rendered.
Penalty
The Professional Conduct Inquiry proceeded in the absence of the Respondent.
The respondent was found guilty as charged and was sanctioned as follows:
• Removal (erasure) from the register of Psychology Board.
Mr M Hart
(PRC 0012300/24896626)
Registered counsellor (psychology)
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 period of July 2017 you acted in a manner not in accordance with the norms and standards of your profession in that you sexually abused a minor.
Penalty
The respondent was found guilty as charged and sanctioned as follows: Removal (erasure) from the register of Psychology Board.
Mr M Madlala
(TT 0005800/24406742)
Dental therapist
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 period of 18 February 2021 to 19 March 2021 you acted in a manner that is not in accordance with the norms and standards of your profession in that you:
1.1. provided insufficient care to a patient in that you left the complainant without a way forward for their treatment and stopped communicating with her;
1.2. were incompetent by putting in a restoration that kept falling out, repeatedly failing within a short space of time.
Penalty
The Respondent was found guilty as charged and was sanctioned as follows: R20 000 fine, of which R10 000 is payable over 12 months. The other R10 000 is suspended for a period of two years on condition he is not found guilty of a similar offence during the period of suspension.