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Wednesday, 30 April, 2025
HomeMedico-LegalHPCSA penalties for verbal abuse, leaving patients to die on roadside

HPCSA penalties for verbal abuse, leaving patients to die on roadside

Using unacceptable language, not communicating a diagnosis with a patient, and withholding treatment from a patient who subsequently died on the roadside were among the recent findings by the disciplinary committees of the Health Professions Council of SA.

December 2024

Dr J C Bosman
(MP 0278726/240203- 0004)
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 2024, you acted in a manner not in accordance with the norms and standards of your profession in that your conduct was improper and disgraceful relating to communication as you failed to act professionally and shouted at the patient and used unacceptable language.

Penalty
The respondent was found guilty as charged and the following sanction was imposed: a. R7 000 fine, payable within 30 days; suspension from practice for six months, which is wholly suspended for 12 months on condition he is not found guilty of a similar offence during the period of suspension.

The respondent is directed to complete a professional development course within a period of 12 months – with MPS – covering the following topics: Professionalism and Ethics and Communication and Interpersonal skills. The practitioner is to send proof of completion to the pro forma complainant before the expiry of the 12-month period

January 2025

Dr AE Burger
(MP 0228761/23028024)
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 the period March 2019, you rendered insufficient care by not communicating the outcome of your diagnosis with the family 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 during the period March 2019, you failed to appropriately refer your patient to a specialist to manage her condition.

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 March 2019, your management of mycardial infarction was not in accordance with the norms and standards of your profession.

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 June 2019 to August 2020, you failed and/or neglected to respond to Council correspondence and failed to attend the consultation with the Committee of Preliminary Inquiry for the Medical and Dental Professions Board.

Penalty
The Professional Conduct Committee found the respondent guilty on count 2 and 3 and imposed a caution and reprimand.

February

Mr Madihlaba & Ms Matsheletja
(BAA 0531316/231222- 003851 / ANA 0155390/2023/ 231222- 003892)
Basic ambulance assistant/Ambulance emergency assistant

Ms Matsheletja:
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 October 2023, you acted in a manner that is not in accordance with the norms and standards of your profession in that you negligently withheld emergency treatment to a 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 October 2023, you acted in a manner that is not in accordance with the norms and standards of your profession in that you exposed your patient to danger and/or harm by failing to examine and transport the patient to hospital and left the patient by the side of the road resulting in the demise of the patient.

Mr Madihlaba
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 October 2023, you acted in a manner that is not in accordance with the norms and standards of your profession, in that you negligently withheld emergency treatment to a 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 October 2023, you acted in a manner that is not in accordance with the norms and standards of your profession in respect of a patient in that you exposed your patient to danger and/or harm by failing to examine and transport the patient to hospital and left the patient by the side of the road, resulting in the demise of the patient.

Penalty
1. Both respondents have been found guilty on counts 1 and 2:
2. Further, both were sanctioned each R20 000 for each count, meaning, the total amount of the fine is R40 000 for each despondent. The payment of the fines has been deferred as follows:

• Ms. Matsheletja to pay R1 500 for her first instalment on or before 28 February 2025 and thereafter on or before 16 March 2025 or the next business day in the event the 16th falls on a weekend.

• Mr Madihaba to to pay R1 500 for his first instalment on or before the 28 February 2025, thereafter on or before the last day of every month

April

Ms Van Nikkelen-Kuyper
(STA 0016268/240227- 007402 & STA 0016268/240215002372)
Speech therapist and audiologist

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 April 2023 to December 2023, in respect of the patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you committed fraud by claiming 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 on or about the period April 2023 to December 2023, in respect of the patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you engaged in undesirable business practices or models, in that you practised while being suspended.

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 the period June to October 2023, in respect of the patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you committed fraud; by claiming for services not rendered.

1. The complaints and all counts were taken together for purposes of sentence. The respondent was found guilty and sanctioned as follows: 12 months’ suspension from the Speech, Language and Hearing Board (SLH) register, with immediate effect.

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