MedicalBrief lists the medley of guilty judgments handed down by the Health Professions Council of SA between mid-July and September, from unauthorised removal of a deceased's body parts to inappropriate and incorrect prescriptions and procedures.
July
Dr S S Ntsoko (MP0555878 /24456210)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, that on about December 2021, in respect of your patient, you acted in a manner not in accordance with the norms and standards of your profession in that you:
1. provided care to a drug-addicted patient by using medication that is intended and should only used in a carefully monitored environment. That such outpatient care was administered without appropriate monitoring of particular concern in the use of midazolam (Dormicum) with a dose that may not be within recognised safety margins; and/or
2. produced a fabricated sick note; and/or
3. failed to manage a patient with a drug addiction according to the standards, protocol and guidelines.
Penalty
Fine of R100 000 plus six months’ suspension from practice of which R50 000 and six months’ suspension is wholly suspended for two years on condition that he is not found guilty of a similar offence during the suspension, and remaining R50 000 is payable to HPCSA within 24 months.
Dr J B Mwesigwa (MP 0442348/13301372)
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 October 2013, 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 harvested and removed the deceased body organs during post-mortem without a consent.
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 2013, in respect of the deceased patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that your conduct of illegally harvesting and removing the deceased body parts without consent, substantially lowered the dignity and/or damages the reputation of the profession.
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 July 2019, in respect of the deceased patient, you substantially lowered the dignity and/or damages the reputation of the profession in that you were found guilty by the Kempton Park Regional Court and sentenced to 10 years' imprisonment.
Penalty
1. The inquiry was held, and an appeal was lodged against the penalty that was imposed by the Committee a quo on 7 December 2023 and same finalised on 20 July 2023.
2. The ad hoc appeal committee dismissed the appeal and confirmed the penalty that was imposed in respect of counts 1 and 2 and adjusted the penalty by adding that, in addition to the fine, the respondent is suspended from the register for three years, wholly suspended for five years on condition he is not found guilty of a similar offence during suspension.
3. However, in respect of count 3, the penalty was set aside and replaced with the following sanction: 12 months’ suspension wholly suspended for five years on condition he is found not guilty of a similar offence during suspension.
4. The respondent was fined R25 000 per count: and must pay a fine of R50 000, payable within six months. Therefore, this fine must paid in full on or before 20 January 2024.
Mr S S Mdletshe (AU 0009490/24882006)
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 of May 2021 to September 2021, you acted in a manner not in accordance with the norms and standards of your profession in that you committed fraud by claiming for services not rendered.
Penalty
The respondent was found guilty as charged and sanctioned as follows: R70 000 fine, payable by the end of August 2023. In addition; he is suspended from practice for three years, which is wholly suspended for five years, on condition he is not found guilty of a similar offence during that period.
August 2023
Ms R Mbuli (OS 0011274/24849600)
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 March 2020 to November 2020, you and/or your practice claimed for orthotic items rendered to your patients from a medical aid scheme, wherein you used the tariff codes with the higher value and as result, the medical aid suffered prejudice of R40 000.
Count 2
That you are guilty of unprofessional conduct or conduct which is unprofessional in that from March 2020 to November 2020, you failed to obtain proper informed consent from your patients before rendering professional services.
Penalty
1. The respondent, was charged with two counts of unprofessional conduct.
2. The respondent entered a guilty plea, which was accepted by the pro forma complainant, and the professional conduct committee returned a guilty verdict on the strength of her plea of guilty.
3. She was fined R50 000 wholly suspended for three years on condition she is not found guilty of a similar offence during the period of suspension.
She was issued with a caution on Count 2.
Mr M Buthelezi (PS 0109371/22263486)
Psychologist
Complaint
Count 1-7
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 during the period mentioned, you and/or your practice intentionally and/or negligently and/or wrongfully and/or unlawfully rendered and/or allowed a statements of accounts while:
1.1. none of the professional services was rendered by you; and/or
1.2. you knew you were not entitled to payment of any of the amounts specified in the said account/statement; and/or
1.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or
1.4. 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 Professional Conduct of Inquiry was held on 25 August 2023 against the respondent.
Same was proceeded with, in his absence, and he was tried and convicted in absentia.
The respondent was found guilty as charged and sanctioned as follows: Removed (erased) from the register of Psychology Board.
September
Dr O Beilu (MP 0509817/23928208)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which is unprofessional in that during or about November 2020 or portions thereof, you acted in a manner not in accordance with the norms and standards of your profession in that you: employed unregistered tenens at your practice, and/or failed to respond to the request on multiple occasions by Council to furnish a written explanation relating to a complaint received.
Penalty
Guilty on count 1 only and not guilty on contempt of Council.
Sanction: Fine of R50 000 payable to the HPCSA within 12 months. Three years’ suspension from practice, which is wholly suspended for five years on condition he is not again found guilty of a similar offence.
Dr V Mamatu (STA 0030880/24852280)
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 March 2020, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, while:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of the patient and/or his dependants;
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the medical aid scheme.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, in that or about February 2018, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, while:
a) one or more or all of the aforesaid professional services was/were not rendered by you; and/or
b) you did not in truth and in fact render any professional services in respect of your patient and/or her dependants; and/or
c) you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
d) the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
e) the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the medical aid scheme.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about September 2020, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, while:
one or more or all of the aforesaid professional services was/were not rendered by you; and/or did not in truth and in fact render any professional services in respect of your patient and/or her dependants; and/or were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to GEMS Medical Aid Scheme.
Count 4
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about November 2018, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, while;
1. one or more or all of the aforesaid professional services was/were not rendered by you; and/or
2. you did not in truth and in fact render any professional services in respect of your patient and/or his dependants; and/or
3. you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
4. the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
5. the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to the Medical Aid Scheme.
Count 5
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, on or about February 2018, you and/or your practice rendered or caused or permitted to be rendered on your behalf and in respect of your patient, accounts/statements wherein you charged and/or attempted to recover one or more or all of the amounts specified therein for professional services rendered by you and/or your practice, while:
1. one or more or all of the aforesaid professional services was/were not rendered by you; and/or
2. you did not in truth and in fact render any professional services in respect of your patient and/or her dependants
3. you were not entitled to payment of one or more or all of the amounts specified in the said accounts/statements; and/or
4. the said accounts/statements were drafted in a manner that was inaccurate or incorrect; and/or
5. the said accounts/statements were drafted in such a manner as to cause financial or potential prejudice to GEMS Medical Aid Scheme.
Penalty
The Respondent pleaded guilty on five counts. The following was imposed: fine of R40 000 payable to the HPCSA within 24 months; two years’ suspension from practice, wholly suspended for five years on condition he is not again found guilty of a similar offence again.
Dr F Snyman (MP 0431370/21516342)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that on or about May 2017, in respect of your patient, you acted in a manner not in accordance with the norms and standard of your profession, in that you provided insufficient care by not being available to your patient when she had initial complications.
Count 2
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that on or about May 2017, in respect of your patient, you acted in a manner not in accordance with the norms and standard of your profession, and were incompetent in the primary management of your patient in that you fixed the K-wire in the finger as if it were a toe.
Penalty
The Professional Conduct Committee found the Respondent guilty on Count 1 and not guilty on Count 2 and imposed the following penalty: R10 000 fine, payable immediately.
Dr SP Rajcoomar (MP 0525499/9241206)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that on or about or April 2013, in respect of your patient, you acted in a manner not in accordance with the norms and standard of your profession in that, you allowed significant delay in managing your patient’s on-going haemorrhage after a motorbike crash by using surgical means while the patient was unstable.
Count 2
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that on or about April 2013, in respect of your patient, you acted in a manner not in accordance with the norms and standard of your profession in that, you allowed unrelated logistical requirements to delay a late lifesaving operation.
Count 3
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that on or about April 2013, you acted in a manner not in accordance with the norms and standard of your profession in that you strayed from well-established trauma protocols in the management of a critically ill patient.
Penalty
The Professional Conduct Committee found the Respondent not guilty on Count 1 and Count 2 and discharged.
Guilty on Charge 3 and sentenced to: fine of R150 000, half of which is suspended on conditions; and R75 000 is payable on or before 31 December 2023.
Further, he is suspended for two years from practicing his profession, which is wholly suspended for five years on conditions. The sentences are to run concurrently.