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KPMG Medical Schemes Anti - Fraud Survey |
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PRACTITIONERS FOUND GUILTY
WITH HPCSA |
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Finalised matters: 2007
January
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Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
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Ms C J Joubert
DT0002208/2004/895
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COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that during or about the period August 2004 to September
2004, in respect of (“your patient”) you:-
1.1 failed and/or neglected to communicate the proper
treatment to your patient; and/or
1.2 failed and/or neglected to treat the patient for the
diagnosed problem according to the pathological report;
and/or
1.3 failed and/or neglected to gather the basic
information from the patient to be able to draw up an
individual treatment plan for the patient; and/or
1.4 failed and/or neglected to charge the patient in
terms of the recommended tariffs from the Council of Medical
Schemes; and/or
1.5 failed and/or neglected to inform the patient of the
payment structure and/or what it entails; and/or
1.6 treated your patient in a manner that was
unprofessional and/or unacceptable and/or not in accordance
with accepted norms and standards of the profession.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that you and/or your practice caused articles (copies of
which are attached marked ‘A” and “B”) to be published in
“Glamour Magazine” and on “internet website published
between the period August 2004 and September 2004” and/or
failed at all reasonable steps to prevent the placements or
publications of the aforesaid advertisement and/or
permitted, sanctioned or acquiesced in the publication of
the said articles and thereby:-
2.1 contravened the provisions of Rule 1 of the Ethical
Rules published under Government Notice No. R1379 dated 12
August 1994 as amended (“the Ethical Rules”) (copy annexed
hereto marked “C”);
2.2 canvassed, touted or solicited (directly or
indirectly) for patients, or business or customers in
contravention of the provisions of Rule 2 of the aforesaid
Ethical Rules.
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Accused elected to pay admission of guilt fine of R5000.00
without appearing for the hearing. |
Pretoria |
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Dr H Willemse
PS0029785/2005/350 |
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 03rd January 2005 and 01st
June 2005 in respect of (“your patient”), you:-
i) used misleading letterheads (Annexed hereto marked
“A”) which read “Educational Psychologist and Marriage
Counsellor” whilst you knew and/or ought to have known
that you are not registered as such.
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Accused was found guilty and the penalty imposed was a fine
of
R5000.00. |
Johannesburg |
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Mr NA Mnukwa
OP0021504/2005/771 |
COUNT 1
That you are guilty of
unprofessional conduct which, when regard is had to your
profession, is unprofessional in that during February 2005
and in respect of an undercover probe from Discovery Health,
(“the probe”), you and/or
practice Metro Mall Optometrist-
2.1 supplied to the probe on the 22 February 2005
“Guess” sunglasses in lieu of prescription spectacles;
and/or
2.2 subsequently made a fraudulent electronic claim on
the 24 February 2005 for a sum of R1,585.00 from Discovery
Medical Health Scheme in respect of prescription spectacles
– see copies annexed marked “A1” and ”A2”, and/or
2.3 your claim was drafted is such a manner as to cause
potential prejudice to Discovery Medical Scheme, in that the
medical scheme was requested to out amounts which were not
due; and/or
2.4 your conduct brought or could have brought the
profession into disrepute.
COUNT 2
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during 2005
and in respect of an undercover probe from Discovery Health,
www.khojagroup.net(“the
probe”), you and/or practice,
Metro Mall Optometrist-
1.1 supplied to the probe on the 25 January 2005 ‘Gucci”
sunglasses and thereafter “Diesel” sunglasses on the 2 June
2005 in lieu of prescription spectacles; and/or
1.2 subsequently made a fraudulent electronic claim on
the 2 June 2005 for a sum R1,400.00 from Discovery Medical
Health Scheme in respect of prescription spectacles – see
copies annexed and marked “B1 & “B7”; and/or
1.3 your claim was drafted in such a manner as to cause
potential prejudice to Discovery Health Medical Scheme, in
that the medical scheme was requested to pay out amounts
which were not due; and/or
1.4 your aforesaid conduct brought or could have brought
the profession into disrepute.
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The accused was found guilty on both counts and the penalty
imposed was twelve months suspension conditionally suspended
for five years. |
Pretoria |
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Dr T Ramantsi
MP0610445/2006/399 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during the period July to December 2005 you practiced
beyond the scope of your registration as an intern by doing
locum work at Dr Rensburg’s private practice, whilst knowing
and/or ought to have known that you were not allowed to work
in any form of practice other than at an accredited/approved
facilities (hospitals) for internship training.
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Accused elected to pay admission of guilt fine of R7500.00
without appearing for the hearing. |
Bloemfontein
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February
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Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
Mr RE Key
HI0020265/639/2003 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is improper or
disgraceful in that during /or about the year 2002 [or parts
or portions thereof] whilst at Glencoe Abattoir you failed
and/or neglected your duties as a meat inspector, in that
you:-
1.
allowed untrained workers to conduct
meat inspection cuts; and/or
2.
compromised /or endangered the
health of the consumers; and/or
3.
knowingly allowed Glencoe Abattoir
to submit inaccurate or falsified slaughter returns; and/or
as the result thereof:-
4.
you were found and/or pleaded guilty
to the charges brought against you under the Meat Safety Act
(No.40 of 2000) at the Glencoe Magisterial District Court,
under CAS 137-10-02; and/or
5.
you acted in a manner which did /or
could have brought your reputation and/or standing of the
health profession into disrepute.
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The practitioner was found guilty and the penalty imposed
was an erasure from the register. |
Royal Hotel |
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Ms LE Bekker
PS0054070/529/2004 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional in
that during or about the year 2004 (or any part or portion(s)
thereof your and or your practice:-
1.1 failed and/or neglected to maintain a high standard of
professional competence by designing a questionnaire for
and/or on behalf of an educational company, which did not
comply with national and international best practice; and/or
1.2 compiled a questionnaire which did not demonstrate
sound scientific practice and/or does not conform to current
standard of scientific and/or professional knowledge for
test design, standardization, reduction or elimination of
bias and recommendations for use in the design
procedure of developing the questionnaire; and/or
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The accused was sentenced to pay a fine of R5000.00 and the
Committee further made an order that the accused should
inform the Educational Company called HPM to cease using the
educational questionnaire she compiled for them. |
Cape Town |
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Dr P Persad
MP0315095/1103/2004 |
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 17th November 2004 in the
Durban Regional Court held at Durban under case no:
41/1626/04 you were found guilty in respect of :-
Six (6) counts of
contravention of section 31 (1)(b) of birth and death
registration Act 51 of 1992 ( copy of Court record annexed
hereto marked “A”), and subsequently sentenced to:
(i)
Five (5) years imprisonment which
was wholly suspended for 5 years on condition that you will
not be convicted of fraud and contravention of section 31
(1)(b) Act 51 of 1992, during the period of suspension and
(ii)
You were ordered to pay criminal
recovery fund the amount of R15 000-00 in three(3)
instalments.
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The accused was
convicted and the imposed sentence was six months suspension
and half of which was suspended for three years on condition
she is not convicted of a similar offence, during the period
of suspension.
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Durban |
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Dr PR van Onselen
MP0113654/106/2005 |
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 23
September 2004 in respect of (hereinafter referred to as
“your patient”) you managed her in a manner that was not in
accordance with the norms and standards of your profession
in that:
1.1 the surgery you performed did not meet the
expected standard of care in that the patient’s umbilicus
was left in the wrong place and dog ears had been left at
either end of the incision; and/or
1.2 you utilised facilities that were neither suitable
nor adequate for this surgery; and/or
1.3 you performed an abdominal lipectomy or apronectomy
on an overweight patient without due consideration to the
fact that obese patients are virtually invariably
susceptible to greater incidents of complications.
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 23
September 2004 you practiced beyond the scope of your
practice as a General Medical practitioner by performing
abdominal lipectomy or apronectomy surgery, whilst knowing
and/or ought to have known that you were not a
qualified/trained plastic surgeon.
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Paid admission of guilt fine of R10000.00 without appearing
for inquiry. |
Johannesburg |
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Dr R Pather
MP0191833/208/2005 |
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 2002 you mismanaged (“your
patient”) by failing to timeously diagnose a perforated
colon.
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Found guilty and the penalty imposed was a suspension for
six months wholly suspended for one year on condition that
the accused is not convicted of a similar offence during the
period of suspension.
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Durban |
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Dr JE Abba
MP0135372/332/2005 |
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 01 March 2000 in relation to the
(“deceased”) you inappropriately conducted an incomplete
medico-legal post mortem examination and/or autopsy in
circumstances which clearly required a complete medico-legal
post mortem examination and/or autopsy to be conducted.
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 01 March 2000 in your performance of a
medico-legal post-mortem examination and/or autopsy of the
(“deceased”) you inappropriately recorded specific autopsy
and/or pathology findings pertaining to specific cases,
where clearly there was no reliable verification and/or
sound basis for such statements and/or recorded findings.
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Found guilty and suspended for three years on condition that
he is not convicted of a similar offence during the period
of suspension. |
Pretoria |
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Dr PD Whitfield
MP0213810/346/2005 |
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 3 and 4 November 2004 in respect of (“your
patient”) you caused and/or permitted to be rendered on your
behalf an account or statement (copy of which is annexed
hereto marked “A”) wherein you charged or attempted to
recover the amount specified in the account or statement in
respect of services rendered by yourself, whilst you know or
ought to have known that:
i)
your billing of (“your patient”) was
not in line with SAMA Guide to Billing for Medical Services;
and/or
ii)
the said account or statement was
drafted in such a manner as to cause actual prejudice to
(“your patient”) and/or his medical aid.
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Paid admission of guilt fine of R10000.00 without appearing
for inquiry. |
Cape Town |
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Dr N Bokhary
MP0142611/586/2005 |
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 2005, in respect of (“your
patient”), you and/or your practice:-
1.1 rendered one or more account(s) and/or charged or
attempted to recover fees or professional services rendered
for one or more consultations allegedly held and medicine(s)
allegedly dispensed by you and/or your practice to your
patient, whilst in truth you and/or your practice never
rendered such professional services at all; and/or
1.2 you and/or your practice were/was not entitled to
payment of the amount(s) you claimed for; and
1.2.1 as a result of your misrepresentation (“your
patient/s”) suffered actual prejudice and/or potentially
suffered financial loss.
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Accused elected to pay admission of guilt fine of R10000.00
without appearing at the inquiry. |
Johannesburg |
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Dr ST Mrwebi
MP0510572/45/2006 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 30 August 2002, at Steinberg Hospital you:-
1. absconded from the hospital without permission
whilst assigned to be on duty; and/or
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The accused was sentenced to suspension from practice for
twelve months wholly suspended for two years on condition
that the accused is not found guilty of any transgression
during the period of suspension.
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East London |
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Dr TB Buthelezi
MP0312347/49/2006
MP0312347/225/2006
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COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 06 May 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “A”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
1.1 you were not entitled to such fees; and/or
1.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
1.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
1.4 one of such consultation did not take place on the
date as charged and/or at all;
1.5 one or more of professional service(s) was/were 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 or about the period 18 January 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “B”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
2.1 you were not entitled to such fees; and/or
2.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
2.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
2.4 one of such consultation did not take place on the
date as charged and/or at all;
2.5 one or more of professional service(s) was/were not
rendered
COUNT 3
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 30 June 2004, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “C”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
3.1 you were not entitled to such fees; and/or
3.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
3.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Bankmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
3.4 one of such consultation did not take place on the
date as charged and/or at all;
3.5 one or more of professional service(s) was/were 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 or about the period 02 March 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “D”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
4.1 you were not entitled to such fees; and/or
4.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
4.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”)
and/or BP Medical Aid Scheme in that the said person and/or
scheme was requested to pay out amounts which were not due;
and/or
4.4 one of such consultation did not take place on the
date as charged and/or at all;
4.5 one or more of professional service(s) was/were not
rendered
COUNT 5
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 25 April 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “E”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
5.1 you were not entitled to such fees; and/or
5.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
5.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
5.4 one of such consultation did not take place on the
date as charged and/or at all;
5.5 one or more of professional service(s) was/were 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 or about the period 01 June 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “F”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
6.1 you were not entitled to such fees; and/or
6.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
6.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Open Plan Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
6.4 one of such consultation did not take place on the
date as charged and/or at all;
6.5 one or more of professional service(s) was/were 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 or about the period 06 July 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “G”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
7.1 you were not entitled to such fees; and/or
7.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
7.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Metropolitan Medical Aid Scheme in
that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
7.4 one of such consultation did not take place on the
date as charged and/or at all;
7.5 one or more of professional service(s) was/were 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 or about the period 27 July 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “H”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice
certain amounts
specified is such statement of account in respect of the
consultation held and/or professional services rendered,
whilst:-
8.1 you were not entitled to such fees; and/or
8.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
8.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
8.4 one of such consultation did not take place on the
date as charged and/or at all;
8.5 one or more of professional service(s) was/were 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 or about the period 04 February 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “I”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
9.1 you were not entitled to such fees; and/or
9.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
9.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Transmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
9.4 one of such consultation did not take place on the
date as charged and/or at all;
9.5 one or more of professional service(s) was/were 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 or about the period 06 July 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “J”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
10.1 you were not entitled to such fees; and/or
10.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
10.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
10.4 one of such consultation did not take place on the
date as charged and/or at all;
10.5 one or more of professional service(s) was/were not
rendered
COUNT 11
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 20 July 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “K”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
11.1 you were not entitled to such fees; and/or
11.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
11.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
11.4 one of such consultation did not take place on the
date as charged and/or at all;
11.5 one or more of professional service(s) was/were not
rendered
COUNT 12
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 08 June 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “L”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
12.1 you were not entitled to such fees; and/or
12.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
12.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
12.4 one of such consultation did not take place on the
date as charged and/or at all;
12.5 one or more of professional service(s) was/were not
rendered
COUNT 13
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 07 December 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “M”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
13.1 you were not entitled to such fees; and/or
13.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
13.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
13.4 one of such consultation did not take place on the
date as charged and/or at all;
13.5 one or more of professional service(s) was/were not
rendered
COUNT 14
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 14 December 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “N”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
14.1 you were not entitled to such fees; and/or
14.2 the contents of such statement of account was/were
false and/or not accurate, true or correct in one or more
respect(s); and/or
14.3 the said statement of account was drafted in such a
manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Polmed Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
14.4 one of such consultation did not take place on the
date as charged and/or at all;
14.5 one or more of professional service(s) was/were not
rendered
COUNT 15
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 08 June 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “O”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
15.1 you were not entitled to such fees; and/or
15.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
15.3 the said statement of account was drafted in
such a manner as to cause potential and/or financial
prejudice to (“your patient”) and/or PB Medical Aid Scheme
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
15.4 one of such consultation did not take place on
the date as charged and/or at all;
15.5 one or more of professional service(s) was/were
not rendered
COUNT 16
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 11 August 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “P”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
16.1 you were not entitled to such fees; and/or
16.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
16.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Wooltru Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
16.4 one of such consultation did not take place on
the date as charged and/or at all;
16.5 one or more of professional service(s) was/were
not rendered
COUNT 17
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 12 August 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “Q”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
17.1 you were not entitled to such fees; and/or
17.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
17.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Wooltru Medical Aid Scheme in that
the said person and/or scheme was requested to pay out
amounts which were not due; and/or
17.4 one of such consultation did not take place on
the date as charged and/or at all;
17.5 one or more of professional service(s) was/were
not rendered
COUNT 18
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 13 to 15 August 2005,
you and/or your practice rendered or caused or permitted to
be rendered or failed to take all such steps as were
necessary to prevent from being rendered the statement of
account (as per annexure “R”) and/or your or your
practice charged or attempted to recover or caused or
permitted to be charged on your behalf or on behalf of your
practice certain amounts specified is such statement of
account in respect of the consultation held and/or
professional services rendered, whilst:-
18.1 you were not entitled to such fees; and/or
18.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
18.3 the said statement of account was drafted in
such a manner as to cause potential and/or financial
prejudice to (“your patient”) and/or Wooltru Medical
Aid Scheme in that the said person and/or scheme was
requested to pay out amounts which were not due; and/or
18.4 one of such consultation did not take place on
the date as charged and/or at all;
18.5 one or more of professional service(s) was/were
not rendered
COUNT 19
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 08 June 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “S”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
19.1 you were not entitled to such fees; and/or
19.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
19.3 the said statement of account was drafted in
such a manner as to cause potential and/or financial
prejudice to (“your patient”) and/or Qualsa Risk Management
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
19.4 one of such consultation did not take place on
the date as charged and/or at all;
19.5 one or more of professional service(s) was/were
not rendered
COUNT 20
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 10 November 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “T”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
20.1 you were not entitled to such fees; and/or
20.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
20.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Discovery Health Medical Aid Scheme
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
20.4 one of such consultation did not take place on
the date as charged and/or at all;
20.5 one or more of professional service(s) was/were
not rendered
COUNT 21
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 29 August 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “T”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
21.1 you were not entitled to such fees; and/or
21.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
21.3 the said statement of account was drafted in
such a manner as to cause potential and/or financial
prejudice to (“your patient”) and/or Discovery Health
Medical Aid Scheme in that the said person and/or scheme was
requested to pay out amounts which were not due; and/or
21.4 one of such consultation did not take place on
the date as charged and/or at all;
21.5 one or more of professional service(s) was/were
not rendered
COUNT 22
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 29 November 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “T”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
22.1 you were not entitled to such fees; and/or
22.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
22.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Discovery Health Medical Aid Scheme
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
22.4 one of such consultation did not take place on
the date as charged and/or at all;
22.5 one or more of professional service(s) was/were
not rendered
COUNT 23
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 01 September 2005,
you and/or your practice rendered or caused or permitted to
be rendered or failed to take all such steps as were
necessary to prevent from being rendered the statement of
account (as per annexure “T”) and/or your or your
practice charged or attempted to recover or caused or
permitted to be charged on your behalf or on behalf of your
practice certain amounts specified is such statement of
account in respect of the consultation held and/or
professional services rendered, whilst:-
23.1 you were not entitled to such fees; and/or
23.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
23.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Discovery Health Medical Aid Scheme
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
23.4 one of such consultation did not take place on
the date as charged and/or at all;
23.5 one or more of professional service(s) was/were
not rendered
COUNT 24
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 26 August 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “T”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
24.1 you were not entitled to such fees; and/or
24.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
24.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Discovery Health Medical Aid Scheme
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
24.4 one of such consultation did not take place on
the date as charged and/or at all;
24.5 one or more of professional service(s) was/were
not rendered
COUNT 25
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 14 September 2005,
you and/or your practice rendered or caused or permitted to
be rendered or failed to take all such steps as were
necessary to prevent from being rendered the statement of
account (as per annexure “T”) and/or your or your
practice charged or attempted to recover or caused or
permitted to be charged on your behalf or on behalf of your
practice certain amounts specified is such statement of
account in respect of the consultation held and/or
professional services rendered, whilst:-
25.1 you were not entitled to such fees; and/or
25.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
25.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Discovery Health Medical Aid Scheme
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
25.4 one of such consultation did not take place on
the date as charged and/or at all;
25.5 one or more of professional service(s) was/were
not rendered
COUNT 26
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about the period 04 November 2005, you
and/or your practice rendered or caused or permitted to be
rendered or failed to take all such steps as were necessary
to prevent from being rendered the statement of account (as
per annexure “T”) and/or your or your practice
charged or attempted to recover or caused or permitted to be
charged on your behalf or on behalf of your practice certain
amounts specified is such statement of account in respect of
the consultation held and/or professional services rendered,
whilst:-
26.1 you were not entitled to such fees; and/or
26.2 the contents of such statement of account
was/were false and/or not accurate, true or correct in one
or more respect(s); and/or
26.3 the said statement of account was drafted in such
a manner as to cause potential and/or financial prejudice to
(“your patient”) and/or Discovery Health Medical Aid Scheme
in that the said person and/or scheme was requested to pay
out amounts which were not due; and/or
26.4 one of such consultation did not take place on
the date as charged and/or at all;
26.5 one or more of professional service(s) was/were
not rendered
|
Found guilty of unprofessional conduct and was suspended
from practice for ten years, eight of which is suspended for
a period of ten years on condition that he is not convicted
of unprofessional conduct during the period of suspension. |
Cape Town |
|
L Dindar
OP0035343/638/2006 |
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 2 February 2006 in respect of (“your
patient”), you acted in a manner that was not in accordance
with the norms and standards of your profession in that
you:-
1.1
fraudulently claimed for sunglasses in lieu of
prescription spectacles, whilst knowing and/or ought to have
known that you were not allowed to claim for sunglasses in
lieu of prescription spectacles.
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 2 February 2006 you rendered, or caused or
permitted to be rendered on your behalf an account or
statement (a copy which is annexed hereto marked “A”)
in respect of (“your patient”) wherein you charged or
attempted to recover the amount specified in the said
account or statement in respect of professional services
alleged to have been rendered by yourself, whilst knowing
and/or ought to have known that:-
2.1
one
or more of the professional services was or were not
rendered by yourself; and/or
2.2
you were not entitled to payment of one or more of
the amounts specified in the said account or statement;
and/or
2.3
the said account or statement was drafted in such a
manner as to cause actual and/or potential prejudice to
medical aid concerned.
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 2 February 2006 in respect of (“your
patient”) you acted in a manner that was not in accordance
with the norms and standards of your profession in that
you:-
3.1 Fraudulently claimed for sunglasses in
lieu of prescription spectacles, whilst knowing and/or ought
to have known that you were not allowed to claim for
sunglasses in lieu of prescription spectacles.
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 2 February 2006 you rendered, or caused or
permitted to be rendered on your behalf an account or
statement (a copy which is annexed hereto marked “B”)
in respect of (“your patient”) wherein you charged or
attempted to recover the amount specified in the said
account or statement in respect of professional services
alleged to have been rendered by yourself, whilst knowing
and/or ought to have known that:-
4.1
One or more of the professional services was or were not
rendered by yourself; and/or
4.2 you were not entitled to payment of one or more
of the amounts specified in the said account or statement;
and/or
4.3 the said account or statement was drafted in
such a manner as to cause actual and/or potential prejudice
to medical aid concerned.
|
Accused was convicted and sentenced to pay a fine of
R10000.00.
|
Johannesburg |
|
Dr T Songo
MP0490377/796/2006 |
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional, in
that on /or about 4 February 2006 [and/or portions or parts
thereof] at Witbank Hospital you were found in unlawful
position of stolen property belonging to the Witbank
Hospital and/or as the result thereof you:-
i) paid an admission of guilt fine at Witbank
Magistrates Court under Court case number 375/2006; and/or
ii) acted in a manner which undermine and/or brought the
standing of your profession into disrepute.
|
The practitioner was found guilty and ordered to pay the
costs of the inquiry. |
Arcadia
PRETORIA |
|
| |
|
March
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr JCW Van Der Lingen
MP0088617/135/2004 |
COUNT 1
THAT you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that on the 4 October 2002 and in respect
of (“your patient”), you administered a general anaesthetic
in a manner that was incompetent and/or negligent and/or not
in accordance with generally accepted norms and standards of
medical practice in that -
1.1 you used a hypotensive technique to cause the blood
pressure of your patient to drop to unacceptably low levels;
and/or
1.2 the
use of a long acting beta blocker [Inderal] singly and/or in
combination with other drugs was inappropriate and/or
unacceptable; and/or
1.3 you
failed to adequately monitor and/or act on your patient’s
levels of pulse rate and/or oxygen saturation and/or tidal
carbon dioxide and/or blood pressure; and/or
1.4 your aforesaid
negligent actions resulted in cardiac and respiratory arrest
in your patient; and/or
1.5 you
failed to make or keep adequate and/or proper anaesthetic
records in respect 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 on the 9 February 2004 and in respect
of (“the deceased”) you administered a general anaesthetic
in a manner that was incompetent and/or negligent and/or not
in accordance with generally accepted norms and standards of
medical practice in that -
2.1
you used a hypotensive technique to cause the blood pressure
of the deceased to drop to unacceptably low levels; and/or
2.2 the
use of a beta blocker [Sectral] singly and/or in combination
with other drugs was inappropriate and/or unacceptable;
and/or
2.3 you
failed to adequately monitor and/or act on the deceased’s
levels of pulse rate and/or oxygen saturation and/or tidal
carbon dioxide and/or blood pressure; and/or
2.4 when
the deceased’s condition deteriorated you failed to initiate
resuscitation procedures timeously or at all; and/or
2.5
your aforesaid negligent actions resulted in complications
for the deceased; and/or
2.6
after surgery the condition of the deceased did not warrant
her immediate transfer to the recovery room; and/or
2.7 you
failed to make or keep adequate and/or proper anaesthetic
records in respect of your patient.
COUNT 3
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on the 1 July
1998 and in respect of (“the deceased”) you administered a
general anaesthetic in a manner that was incompetent and/or
negligent and/or not in accordance with generally accepted
norms and standards of medical practice in that -
3.1
pre-operatively you failed to carry out an adequate or
proper assessment of the deceased to exclude possible
anaesthetic complications; and/or
3.2 when the deceased developed anaesthetic
complications intra-operatively you failed to treat such
complications properly or adequately; and/or
3.3 the use of a
second dose of succinylcholine to overcome the masseter
spasm was unacceptable and/or contra-indicated;
3.4 the use of
calcium gluconate and/or serum cholinesterase was
inappropriate and/or contra-indicated; and/or
3.5 you failed to
adequately monitor and/or act on your patient’s levels of
pulse rate and/or oxygen saturation and/or tidal carbon
dioxide and/or blood pressure; and/or
3.6 your aforesaid
negligent actions resulted in cardiac and respiratory arrest
in your patient; and/or
3.7 you failed to
make or keep adequate and/or proper anaesthetic records in
respect of your patient.
|
Committee ordered that the accused name should be removed
from the register of medical practitioners. |
PRETORIA |
|
Dr D Sridaran
MP0342947/797/2004 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on the 9 June 2003 at Union Hospital you performed a
laparoscopic cholecystectomy and fundoplication on the
deceased”) whilst:-
1.1
The performance of both procedures
simultaneously was not necessary and/or indicated, regard
being had to the nature of the procedures and/or condition
of your patient; and/or
1.2
The hiatus hernia repair was done prematurely without
proper assessment and/or initial conservative treatment;
and/or
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 25 June 2003 – 11 July 2003 and in
respect of (“the deceased”) who had been re-admitted to
Union Hospital with further complications-
3.3.1
you failed to order indicated tests
and/or examinations of your patient; and/or
3.3.2
you failed to refer or to involve
another specialist surgeon in the management of your
patient; and/or
3.3.3
you performed a reconstruction of
the bile on your patient at an inappropriate time; and/or
3.3.4
you failed to consider performing a
laparotomy with thorough peritoneal lavage and the placement
of drains at the site of the injury; and/or
|
The sentence imposed was six months suspension which was
wholly suspended for three years on condition that Dr
Sridaran was not found guilty of any unprofessional conduct
during the period of suspension. |
JOHANNESBURG |
|
Dr CB Huisamen
MP0427721/376/2006 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your conduct, is unprofessional in
that during the period January – March 2006 (or portions
thereof) and in respect of (“your patient”) you –
1. failed and/or neglected to discuss with your
patient details of your proposed new fee structure before
embarking on a course of treatment; and/or
2. levied fees that were excessive and/or based
on incorrect tariff codes; and/or
3. charged or attempted to recover fees to which
you were not entitled.
|
Advice to pay admission of guilt fine. Payment in full of
the sum of R 5000 made on 27/2/2007. Matter finalised |
CAPE TOWN |
|
Dr A Natsis
MP0350095/754/2006 |
COUNT 1
THAT you are guilty of unprofessional conduct in that on the
28 June 2006 and with regard to (“your patient”) you
furnished or issued a medical certificate (copy of which is
enclosed marked “A1”) whilst – The said sick certificate
does not comply with the Health Professions Council of South
Africa guidelines for the issuing of sick certificates (copy
of which is enclosed and marked “B”) in that it lacks
particularity with regard to:
(a)
the address of the patient; and/or
(b)
time of examination; and/or
(c)
whether the certificate is issued as a result of the
personal observations during cross examination, or as a
result of information received from the patient, and which
is based on acceptable medical grounds; and/or
(d)
whether the patient is totally indisposed for duty or
whether the patient is able to perform less strenuous duties
in the work situation; and/or
1.1.
You were not entitled, in the absence of acceptable medical
grounds, to state that the patient’s illness was caused by
his direct supervisor.
COUNT 2
THAT you are guilty of unprofessional conduct in that on the
30 June 2006 and with regard to (“your patient”) you
furnished or issued a medical certificate (copy of which is
enclosed marked “A2”) whilst –
2.1
The said sick certificate does not comply with the Health
Professions Council of South Africa guildelines for the
issuing of sick certificates (copy of which is enclosed and
marked “B”) in that it lacks particularity with regard to:
(a)
the address of the patient; and/or
(b)
time of examination; and/or
(c)
whether the certificate is issued as a result of the
personal observations during examination, or as a result of
information received from the patient, and which is based on
acceptable medical grounds; and/or
(d)
whether the patient is totally indisposed for duty or
whether the patient is able to perform less strenuous duties
in the work situation; and/or
2.2
You were not entitled, in the absence of acceptable medical
grounds, to state that the patient’s illness was caused by
his direct supervisor; and/or
2.3
You issued more than one sick certificate to your patient in
respect of the same diagnosis and the same sick leave;
and/or cate as
2.4
You were not entitled to issue another sick certifi your
patient had already been referred to a psychologist for
further treatment.
|
Paid admission of guilt fine of R2000.00. Matter finalised |
JOHANNESBURG |
|
Dr CMC Fernandes
MP0125636/802/2006 |
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional, in
that during the period May 2005 till September 2005 ( or
portions thereof) you or your practice, rendered or caused
or permitted to be rendered or failed to take steps to
prevent from being rendered, the Statement of Accounts
annexed hereto marked “A1” – “A6” in which you were claiming
amounts under Code 0009 on behalf of Mrs CL Fernandes whilst
she is not medically qualified as a doctor and may not claim
under this Code.
|
Penalty was a caution. |
DURBAN |
|
Dr BH Pienaar
MP0160008/812/2005 |
COUNT 2
THAT you are guilty of
unprofessional conduct or conduct which when regard is had
to your profession is unprofessional in that during May 2005
and in respect of Mrs. G Momo (“your patient”) you charged
your patient for an intestinal obstruction (code 1637)
whilst there was no evidence of intestinal obstruction prior
to or during the operation.
|
Penalty was a caution and reprimand. |
PRETORIA |
|
Dr U Adam
MP0242861/881/2006 |
THAT you are guilty of issuing medical certificate without
seeing patients and issuing patient with a black medical
certificate.
|
Paid admission of guilt fine of
R10 000. Matter finalised |
PRETORIA |
|
Dr LG Wildernboer
MP0364487/2003/533 |
THAT you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that on or about 29 May 2003 at the
Clinton Clinic and in respect of (“your patient”) during an
appendectomy procedure, your airway management of the
patient was substandard and/or not in accordance with the
norms and standards of your profession and/or not in the
best interest of your patient.
|
Penalty was a caution and reprimand. |
JOHANNNESBURG |
|
Mr AD Daki
OECO0004154/942/2003 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 13
September 2003 you refused to attend to an emergency patient
(unknown).
|
Penalty was a caution and reprimand. |
PORT
ELIZABETH |
|
Ms DR Sandler
PS0025925/593/2005 |
COUNT 1
THAT you are guilty of
unprofessional conduct or conduct, which when regard is had
to your profession is unprofessional in that upon or about
April 2003 and in respect of
(“your patient”),
you acted in a manner that was not in accordance with norms
and standards of your profession, in that you compiled a
report (copy attached hereto marked “A”) making
recommendations in respect of access to a minor child whilst
you had not seen nor assessed the child and/or her
mother.
COUNT 2
THAT you are guilty of
unprofessional conduct or conduct, which when regard is had
to your profession is unprofessional in that upon or about
or during the period 2003 to 2005, you acted in a manner
that was not in accordance with norms, standards and values
of your profession, in that you acted as a mediator in a
dispute over access to a minor child involving both parents
and at a later stage assumed another role of an expert for
the father.
|
Paid admission of guilt fine of R3000.00 without appearing
for inquiry. |
CAPE TOWN |
|
Mr ME Mahasha
BAA0440531/423/2005
|
THAT you are guilty of unprofessional conduct or conduct
which when regard is had to your profession is
unprofessional, in that during or about the year 2005
[and/or portions or parts thereof] at or near Johannesburg
in respect of persons mentioned in Schedule 1 (copy which is
attached, marked Annexure “D.6”, you provided training on
basic ambulance assistance under the name and style of
Tshedimosetso Trauma Training Ambulance Academy (hereinafter
“Tshedimosetso”) and as the result thereof:-
i) misrepresented to the persons in Schedule 1
that you were entitled and/or qualified
/or entitled to provide training on basic ambulance
assistance; and/or
ii) Acted in manner which undermine and/or brought
the standing of your profession into disrepute.
|
Penalty was a caution and reprimand. |
JOHANNESBURG |
|
Dr TE Kealetsa
MP0331941/614/2005 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession is unprofessional in that during the
period 2004 – 2005, you acted in a manner that was not in
accordance with the norms, standards and/or values of your
profession in that you failed and/or neglected to attend to
your duties as a Medical Officer at the Lehurutshe – Zeerust
Hospital complex and as such neglected to attend to your
patients.
|
Penalty – 1 year suspension from the register. Penalty
wholly suspended for 3 years on condition he is not
convicted of unprofessional conduct during the period of
suspension. |
PRETORIA |
|
Dr MA Wadiwala
MP00400742/615/2005 |
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
periods 2 January 2004, 4 January 2005, 26 February 2005, 19
February 2005 and 22 January 2005 in respect of Ms A
Anderson (herein after referred to as “your patient”) you:-
i) Fraudulently claimed for services rendered as
per annexure “A” whilst in truth and in fact you and/or your
practice never rendered some and/or all of the services
mentioned in annexure “A” to your patient and, as a result
of your misrepresentation the Medical Aid concerned
(Discovery Health) suffered actual and/or potential
financial loss.
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 19 May 2004 and 22
July
2004 in respect of
(herein after referred to as “your patient”) you:-
i)
Fraudulently claimed for services rendered as per Annexure
“B” whilst in truth and in fact you and/or your practice
never rendered some and/or all of the services rendered in
annexure “B” to your patient and as a result of your
misrepresentation the Medical Aid concerned (Discovery
Health) suffered actual and/or potential financial loss.
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 19 May 2004 and 22
July 2004 in respect of (hereinafter referred to as your
patient”) you:-
i) fraudulently claimed for services allegedly
rendered to “your patient” using Membership Number:
12857900, which membership number belongs your patient,
(Discovery Health Medical Aid) whilst you knew and/or ought
to have known that your patient was neither a member nor
dependant of the said Medical Aid and, as a result of your
misrepresentation the Medical Aid concerned (Discovery
Health) suffered actual and/or potential loss.
|
Penalty was a caution and reprimand. |
JOHANNESBURG |
|
Dr LS Govender
MP0373737/647/2005 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during the
period May 2004 to June 2005, you acted in a manner that
was not in accordance with the norms and standards of your
profession in that : -
i) You failed and/or neglected to keep your medical
certificate book in a safe place.
|
Paid admission of guilt fine of R10000.00 without appearing
for inquiry. |
DURBAN |
|
Mr EL Peme
BAA0123706/786/2005 |
THAT you are guilty of
unprofessional conduct or conduct which when regard is had
to your profession is unprofessional, in that you submitted
to the Gauteng Provincial Government: Emergency Medical
Services Department fraudulent certificate (copy which is
attached, marked “Annexure D.3”), whereas you knew that:-
1.1 you never completed an ambulance emergency
assistant course at the Emergency
Management Services Training Academy of the
City of Johannesburg; and/or
1.2 the said certificate was issued to you unlawfully
and/or fraudulently in the name and style of Emergency
Management Services Training Academy of the City of
Johannesburg, and/or
AS THE RESULT thereof
you:-
1.3
unlawfully and/or undeservedly gained employment at Gauteng
Provincial Government: Emergency Medical Services
Department; and/or
1.4
Were unlawfully and/or wrongfully registered with the Health
Professions Council of South Africa.
|
Found guilty and penalty imposed was twelve months
suspension conditionally suspended for five years and
further that he must obtain a minimum of 5 CPU within the
next six months. |
JOHANNESBURG |
|
Dr TW Ravhuhali
MP0404209/878/2005 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to
your profession, is
unprofessional in that on or about 1 September 2005 and in
respect of
(“your patient”), whilst
draining an abscess on your patient’s forehead, -
i.
your choice of incision was inappropriate and/or not in
accordance with the standards and norms of your professions;
and/or
ii.
the size of the incision was inappropriate and/or not in
accordance with the standards and norms of your profession.
|
Paid admission of guilt fine of R1000.00 without appearing
for inquiry. |
PRETORIA |
|
Dr K Maharaj
MP0565601/40/2006 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 08
December 2005 in respect of the hospital records of
(hereinafter referred to as “your patient”) you acted in a
manner that was not in accordance with the norms and
standards of your profession in that : -
i) you brought the profession in disrepute by
making a drawing which depicts an insulting and derogatory
gesture on your patient’s hospital record, which is a public
document, whilst knowing and/or ought to have known that you
are not allowed to make such drawings.
|
Paid admission of guilt fine of R2000.00 without appearing
for inquiry. |
DURBAN |
|
Dr E Mayet
MP0182362/163/2006 |
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 to March 2006 in respect of
(“your patient”),
you and/or your practice rendered and/or caused to be
rendered and/or failed to take all such steps as were
necessary to prevent from being rendered claims:
1.1 the contents of the claims were false, in accurate
and/or misleading; and/or
1.2 you and/or your practice did not render one and/or
more and/or all of the professional services claimed for in
the said statement; and/or
1.3 the said claims were compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
medical aid scheme concerned, to wit Discovery Health in
respect of fees to which you were not entitled.
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 01
February 2006 you and/or your practice completed and/or
signed a false, misleading and/or incorrect medical
certificate (copy of which is attached hereto, marked “B”)
in respect of (hereinafter referred to as your “patient”) in
that:-
4.1 you reflected in the aforesaid certificate that
your patient was unfit for work from the periods 30 January
2006 to 02 February 2006, due to illness, after an
examination of your patient on the date mentioned in the
aforesaid certificate, whilst in truth and
reality:-
4.1.1 you did not medically
examine your patient on the aforesaid date; and/or
4.1.2 your patient was not unfit
on acceptable medical grounds; and/or
4.1.3 your patient should not
have been granted sick leave for the period mentioned in the
aforesaid certificates.
|
The penalty imposed was three months suspension from
practice wholly suspended for three years on condition that
the accused is not convicted of a similar offence during the
period of suspension for count one and a further R10000.00
fine for count two. |
JOHANNESBURG |
|
Dr SA Shamase
MP0413208/357/2006 |
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 13
March 2006 in respect of your patient, you and/or your
practice rendered and/or caused to be rendered and/or failed
to take steps as were necessary to prevent from being
rendered claims:
2.1 the contents of the claims were false, inaccurate
and/or misleading; and/or
2.2 you and/or your practice did not render one and/or
more and/or all of the professional services claimed for in
the said statement; and/or
2.3 the said claims were complied in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned, to wit Discovery Health in
respect of fees to which you were not entitled. |
The penalty imposed was a fine in the amount of R10000.00. |
JOHANNESBURG |
|
Dr MS Boto
MP0583979/531/2006 |
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 9
May 2006, in respect of a probe and/or (“your patient”), you
and/or your practice submitted a claim for professional
services allegedly rendered, to Discovery Health (a copy
whereof is attached marked annexure “A”) whereby you and or
your practice:-
1.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice rendered services and/or dispensed
medicines that were different and less in value than the
services and/or value of the medicines you claimed for;
and/or
1.2 you and/or your practice was/were not entitled to
the full payment of the amount you claimed for; and/or as a
result of your misrepresentation,
(“your patient”)
and/or Discovery Health suffered actual prejudice and/or
potentially suffered financial loss.
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 9
May 2006, in respect of a probe and/or (“your patient”), you
and/or your practice submitted a claim for
professional services
allegedly rendered, to Discovery Health (a copy whereof is
attached marked annexure “B”) whereby you and or your
practice:-
2.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice rendered services and/or dispensed
medicines that were different and less in
value than the services and/or value of the
medicines you claimed for; and/or
2.2 you and/or your practice was/were not entitled to
the full payment of the amount you claimed for;
and/or as a result of your misrepresentation,
(“your patient”)
and/or Discovery Health suffered actual prejudice and/or
potentially suffered financial loss.
|
Penalty imposed was three months suspension from practice
which is wholly suspended for a period of twelve months on
condition that he is not found guilty of a similar offence
during the period of suspension. |
PORT
ELIZABETH |
|
Dr PJJ Hancke
MP0189820/685/2006 |
THAT
you are guilty of unprofessional conduct in that on or about
the 1 April 2006 and in respect of (“your patient”) you
failed or neglected to give a tetanus injection to your
patient.
|
Paid admission of guilt fine of R2500.00 without appearing
for inquiry. |
PRETORIA |
|
Ms GE Mokone
BAA0160792/798/2006
Mr JT Molebatsi
ANA0092096/798/2006
|
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 19
July 2006 you mismanaged your patient by:
1.1 failing and/or neglecting to adequately assess and
manage his medical condition;
1.2 failing and/or neglecting to adequately complete
the patient assessment form;
1.3 failing and/or neglecting to transport the patient
to an appropriate medical facility.
|
Both found guilty of unprofessional conduct, the penalty
imposed was as follows:
Ms Mokone be suspended from practice for two years wholly
suspended for three years on condition that she is not
convicted of a similar offence during the period of
suspension and a further condition was that she attend a
theory course in Basic Ambulance Assistance and forward a
certificates of attendance to the HPCSA Legal Department
within twelve months of the inquiry.
Mr Molebatsi be suspended from practice for three years
suspended on condition that he is not convicted of a similar
offence during the period of suspension and a further
condition was that he attend a theory course in Ambulance
Emergency Assistance and forward a certificate of attendance
to the HPCSA Legal Department within twelve months of the
inquiry.
|
PRETORIA |
|
Mr PB Mokoena
ANA0060798/423/2005 |
THAT you are guilty of
unprofessional conduct or conduct which when regard is had
to your profession is unprofessional, in that during or
about the year 2005 [and/or portions or parts thereof] at or
near Johannesburg, you unlawfully, falsely and/or
fraudulently issued to persons mentioned in Schedule 1 (copy
which is attached, marked Annexure “D.3.”) certificates
under the name and style of Tshedimosetso Trauma Training
Ambulance Academy (hereinafter “Tshedimosetso”), whereas in
truth and in fact you knew that you were not:-
i) the lawful owner and/or employee of Tshedimosetso;
and/or
ii) entitled and/or authorized to provide training on
basic ambulance assistance; and/or
iii) entitled and/or authorized to issue certificates to
the persons mentioned in Schedule 1; and/or
AS THE RESULT thereof you:-
iv) pleaded guilty in the Johannesburg Magistrates Court
under Case Number: 5/1746/2005; and/or
v) were found guilty and sentenced by the Johannesburg
Magistrates Court on 13 counts of fraud under Case Number:
5/1746/2005; and/or
vi) acted in a manner which undermine and/or brought the
standing of your profession into disrepute.
|
Found guilty and Suspended for 12 months from practicing his
profession.
|
JOHANNESBURG |
|
| |
|
APRIL
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr. Georgiev GD
MP 0372773 1997/662 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to
your profession, is
unprofessional in that on or about 11 July 2006 at the
Milnerton Medi-Clinic, Cape Town, and in respect of
(“your patient”)
who had been admitted to the ward after a lymph r (“your
patient”) at the Swartland Hospital, Malmesbury, you :-
i.
failed and/or neglected to properly or adequately examine
/assess your patient; and/or
ii.
failed and/or neglected to make a correct clinical diagnoses
in respect of your patient; and/or
iii.
failed and/or neglected to manage your patient’s condition
properly or adequately; and/or
iv.
failed and/or neglected to transfer your patient to another
suitable equipped hospital; and/or
v.
treated and/or managed your patient in a manner that was
unacceptable, negligent or not in accordance with generally
accepted standards and norms of medical practice.
|
Found guilty – suspended for 3 months but that the
operations thereof be suspended for 3 years |
CAPE TOWN |
|
DR Reid J
MP 0278289/815/2001 |
which were superfluous and/or not indicated or in the best
interest of your patient.
|
Admission of guilt fine R10 000. Amount paid on the 26
April 2006. |
CAPE TOWN |
|
Dr Ndlovu JG
MP 0521167 2005/88 |
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 29th September 2004 in respect of
(hereinafter referred to as “the deceased”) you acted in a
manner that is not in accordance with the norms and
standards of your profession in that:
i) You sought and obtained consent for operation from
the deceased, whilst knowing and/or ought to have known
that the consent for operation was invalid as she was below
18 years.
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 29th September 2004 in respect of
(hereinafter referred to as “the deceased”) you failed to
keep proper clinical notes in that you :
i) failed and/or neglected to record a pre-anaesthetic
notes of the deceased’s general examination and/or
ii) failed and/or neglected to record airway management
and ventilation of the deceased, and/oriii)
recorded that 2 litres if halothane was given to the
deceased, whilst knowing and/or ought to have known that
halothane are expressed in percentages and not in litres.
|
Sentenced to twelve (12) months suspension, suspended for
three (3) years on condition that he is not convicted of
similar offence during the period of suspension. |
PRETORIA |
|
Dr Whittle-Long
MP 2006/16 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 11
July 2005 at the Rosebank Clinic and in respect of (“your
patient”) whilst deflating a beanbag following an
arthroscopic acromiaplasty, you failed and/or neglected to
secure the safe positioning of your patient resulting in
your patient falling off the operating table. |
Paid admission of guilt fine in the amount of R2500 |
JOHANNESBURG |
|
DR. Duplessis AJ
MP 0.86103 2006/709 |
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional, in
that on the 14 February 2006 and at N1 City Hospital and in
respect of
(“your patient”),
you, during the performance of an elective caesarean section
inadequately assessed the placenta in the uterine fundus. |
Paid admission of guilt fine in the amount of R2000 |
CAPE TOWN |
|
Dr. Nyarko JK.
MP 0375781 2006/917
|
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 6 june 2006 in respect
(hereinafter referred to as “your patient”) you and/or your
practice rendered or caused or permitted to be rendered or
failed to take all such steps as were necessary to prevent
from being rendered one or more statement(s) of account
(copies of which are annexed hereto marked “a” and “b”)
and/or you or your practice charged or attempted to recover
or you caused or permitted to be charged on your behalf or
on behalf of your practice certain amounts specified in the
said statement(s) in respect of professional services
allegedly rendered whilst:-
I) you and/or your practice charged or attempted to
recover professional fees to which you were not entitled, to
wit claiming for assistance fee whilst knowing and/or ought
to have known that you cannot claim for assistance fee, if
you were assisted by a nurse; and/or
Ii) you and/or your practice charged or attempted to
recover fees, whilst knowing and/or ought to have known that
you were not entitled to claim for same.
|
Paid Admission of guilt fine of
R10 000 . |
PORT ELIZABETH |
|
Dr. Golding C
Mp 0412104 2006/967 |
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 11 September 2006 and at your rooms you
and/or your practice:-
1. failed or neglected to ensure that used syringes were
disposed of in a proper manner; and/or
2. your aforesaid action resulted in
(“your patient”),
a cleaner, sustaining a pin prick injury.
|
Paid Admission of guilt fine in the sum of R2 500. |
JOHANNESBURG |
|
|
|
| |
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr R.J. Jonas
MP 0172855 2003/905 |
THAT you are guilty of unprofessional conduct or conduct
which when regard is had to your profession is
unprofessional, in that in or about 12 October 2002 [and/or
portions or parts thereof] you and/or your practice employed
as locum Dr. MO. Bello whilst you and/or your practise knew
/or ought to have known that Dr. MO Bello was confined to
public service practice and/or prohibited to work in an
independent or private practice.
|
Paid Admission of guilt fine of
R10 000 |
Cape Town |
|
Khumalo-Ka-Sibeko GJ
DP 0075175 2005/959 |
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 7th April 2005 you rendered, or caused or
permitted to be rendered on your behalf an account or
statement ( a copy of which is annexed hereto marked “A”) in
respect of your patient, wherein you charged or attempted to
recover the amount specified in the said account or
statement in respect of professional services alleged to
have been rendered by yourself, whilst you knew or ought to
have known that:
i)
one or more of the professional services was or were not
rendered by yourself, and/or
ii)
you were not entitled to payment of one or more of the
amounts specified in the said account or statement and/or ,
iii)
the said account or statement was drafted in such a manner
as to cause actual and/or potential financial prejudice to
the medical aid concerned.
|
Sentenced to 6 months suspension, 4 months thereof suspended
for three (3) years on conditions that the accused is not
found guilty of similar offence during the duration of the
sentence. |
Johannesburg |
|
Coetzee C
PS 0056146 2006/258 |
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 9th January 2006 in respect of (hereinafter
referred to as “your patient”) you acted in a manner that
was not in accordance with the norms and standards of your
profession in that:
i) You disclosed and/or furnished confidential
information to a third party without the consent of your
patient.
|
Paid Admission of guilt fine of
R3000. |
Pretoria |
|
Dr Hillock AJ
MP 0019401 2006/265 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your conduct, is unprofessional in that on the 23 January
2006, after performing an operation on the diseased (“your
patient”) for the removal of the sigmoid colon, you in the
post-operative phase responded inadequately when your
patient presented with signs and symptoms indicative of
possible internal bleeding and as a result delayed to
perform a repeat operation on your patient timorously.
|
Found guilty and was cautioned. |
Port Elizabeth |
|
Ganesh S
OP 0018228 2006/415 |
COUNT 1
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on the 16
February 2006 and in respect of an undercover probe from
Discovery Health, you and/or practice –
1.1 supplied to the probe “BAD-BOY” sunglasses in lieu
of prescription spectacles; and/or
1.2 subsequently submitted a false claim to Discovery
Medical Health Scheme for prescription spectacles – see
annexed copy marked “A1”; and/or
1.3 submitted a claim that was drafted is such a
manner as to cause potential prejudice to Discovery Medical
Scheme, in that the medical scheme was requested to pay out
amounts which were not due.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on the 16 February 2006 and in respect of an undercover
probe from Discovery Health, you and/or practice –
2.1 supplied to the probe “BAD-BOY” sunglasses in lieu
of prescription spectacles; and/or
2.2 subsequently submitted a false claim to Discovery
Medical Health Scheme for prescription spectacles; and/or
2.3 falsely claimed under the name of the wife of your
patient – see annexed copy marked “A1”; and/or
2.4 submitted a claim that was drafted in such a
manner as to cause potential prejudice to Discovery Health
Medical Scheme, in that the medical scheme was requested to
pay out amounts which were not due.
|
Fined R10 000 and given 24 months suspended sentence in
respect to count 2 |
Durban |
|
Dr Mahomed Y
MP 0326224 2006/872D
|
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 2006 in respect
of your clients (dependent), you and/or your practice
rendered and/or caused to be rendered and/or failed to take
all such steps as were necessary to prevent from being
rendered claims:-
1.1 the contents of which were false, inaccurate
and/or misleading; and/or
1.2 you and/or your practice did not render one and/or
more and/or all of the professional services claimed for in
the said statement; and/or
1.3 the said claims were compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Medcor in respect of
fees to which you were not entitled.
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 January 2006 in respect of your
patient, you and/or your practice rendered and/or caused to
be rendered and/or failed to take all such steps as were
necessary to prevent from being rendered claims:-
the contents of which were false, inaccurate and/or
misleading; and/or
2.2 you and/or your practice did not render one and/or
more and/or all of the professional services claimed for in
the said statement; and/or
2.3 the said claims were compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
medical aid scheme concerned to with Medcor in respect of
fees to which you were not entitled.
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 January 2006 in respect of your
patient, you and/or your practice rendered and/or caused to
be rendered and/or failed to take all such steps as were
necessary to prevent from being rendered claims:-
3.1 the contents of which were false, inaccurate
and/or misleading; and/or
3.2 you and/or your practice did not render one and/or
more and/or all of the professional services claimed for in
the said statement; and/or
3.3 the said claims were compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Medcor in respect of
fees to which you were not entitled.
|
Suspended for 6 months wholly suspended for 5 years on
condition that he is not convicted of a similar offence
during the period and a further condition was that he pay
the costs of the inquiry of the 25&26 June 2007 |
Durban |
|
Dr Suliman A
MP 0269050 2006/872C
|
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 25 October 2002 to
02 January 2006 (or portions thereof) in respect of your
patient, you and/or your practice rendered and/or caused to
be rendered and/or failed to take all such steps as were
necessary to prevent from being rendered claims:-
1.1 the contents of which were false inaccurate and/or
misleading; and/or
1.2 you and/or your practice did not render one and/or
more and/or all of the 1professional services claimed for in
the said statement; and/or
1.3 the said claims were compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Medcor in respect of
fees to which you were not entitled.
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 from 08 February
2003 to 01 April 2004 (or portions thereof) in respect of
your patience, you and/or your practice rendered and/or
caused to be rendered and/or failed to take all such steps
as were necessary to prevent from being rendered claims:-
2.1 the contents of which were false, inaccurate
and/or misleading; and/or
2.2 you and/or your practice did not render one and/or
more and/or all of the professional services claimed for in
the said statement; and/or
2.3 the said claims were compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Medcor in respect of
fees to which you were not entitled.
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 December 2002
January 2006 (or portions thereof) in respect of your
patient in September, you and/or your practice rendered
and/or caused to be rendered and/or failed to take all such
steps as were necessary to prevent from being rendered
claims:-
3.1 the contents of which were false inaccurate and/or
misleading; and/or
3.2 you and/or your practice did not render one and/or
more and/or all of the 1professional services claimed for in
the said statement; and/or
3.3 the said claims were compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Medcor in respect of
fees to which you were not entitled.
|
Suspended from practice for 6 months wholly suspended for 3
years on condition that the accused is not convicted of a
similar offence during the period of suspension. |
Durban |
|
WolfaardT & Bodenstedt KD
GAK 0001619 GAK 0001457
2006/1137 |
THAT you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that during August 2006 and/or September
2006 you and your practice caused and/or permitted on
advertisement and/or flyer (copy of which is attached hereto
marked “A” to be distributed in post boxes and in so doing
you:-
i)
advertised yourself and/or your practice with a view to
your direct or indirect professional gains; and/or
ii)
touted, canvassed and solicited patients and/or business.
|
Paid admission of guilt fine of R5000 each |
|
|
Dr Maponda
MP 0567744/515/2005 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 11 March 2005 at Kopanong Hospital in
respect your deceased patient”), you:-
1. treated and/or managed your patient in a manner
that was incompetent and/or negligent and/or unacceptable
and/or not in accordance with accepted standards and norms
of medical practice in that you:-
1.1 failed and/or neglected to exercise the duty of
care during and after the operation of tonsillectomy and
adenoidectomy by not securing (re) placement of the tube on
the deceased.
2 permitted and/or allowed a friend to be present
in the theatre during the performance of the tonsillectomy
and adenoidectomy procedure on the patient without the
consent and/or knowledge of the patient’s next of kin.
3 failed and/or neglected to keep the
contemporaneous anaesthetic record card during anaesthetic.
4. Transferred the deceased to Sebokeng Hospital
without full medical
report and/or accompanying referral
notes.
|
Sentenced to 12 months suspension from practice which is
wholly suspended fro a period of three (3) years on
condition that she is not found guilty of similar charges
during the period of suspension and further that she obtain
a diploma in anaesthesia from the College of Medicine of
South Africa within 18 months and provide the HPCSA with a
copy of the diploma |
JOHANNESBURG |
|
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
McMahon RP
PS 0017191 2004/856 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 1985 to 1988 in your professional and/or
personal interactions with (“your patient and/or former
patient”) you displayed exploitative behaviour by:-
1. having a sexual relationship with your client and/or
former client and/or failing to take into account the
possible negative long term effects of such a relationship.
2. maintaining a dual relationship with her (the
patient).
3. failing to take the well being of the patient into
consideration.
|
Penalty impose was that his name be erased from the register
of professional psychology 09/07/2007. |
Durban |
|
Naidoo PR
PT 0077771 2005/2 |
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 from December 2003 to May 2004 (or
portions thereof) in respect of your patient and/or
(dependant of your patient) you and/or your practice
rendered and/or attempted to render claims for professional
services allegedly rendered to Metropolitan Health Group
(copies of which are attached hereto marked “A1” and “A2”)
and by so doing, you:-
1.1 fraudulently and/or falsely claimed and/or attempted
to claim for services allegedly rendered to your patient
and/or (dependant of your patient) whilst the true facts are
that you and/or your practice never rendered such
professional services at all; and/or
1.2 you and/or your practice were/was not entitled to
payment of the amount(s) you claimed for; and/or
1.3 as a result of your misrepresentation your patient
and/or Metropolitan Health Group suffered actual prejudice
and/or potentially suffered financial loss.
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 from February 2004 to March 2004 (or
portions thereof) in respect of your patient and (dependant
of your patient) you and/or your practice rendered and/or
attempted to render claims for professional services
allegedly rendered to Metropolitan Health Group (copy of
which is attached hereto marked “B”) and by so doing, you:-
2.1 fraudulently and/or falsely claimed and/or attempted
to claim for services allegedly rendered to your patient
and/or (dependant of your patient) whilst the true facts are
that you and/or your practice never rendered such
professional services at all; and/or
2.2 you and/or your practice were/was not entitled to
payment of the amount(s) you claimed for; and/or
2.3 as a result of your misrepresentation your patient
and/or Metropolitan Health Group suffered
actual prejudice and/or potentially suffered financial loss.
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 from March 2004 to April 2004 (or
portions thereof) in respect of your patient (main member),
and/or (dependants of your patient), you and/or your
practice rendered and/or attempted to render claims for
professional services allegedly rendered to Metropolitan
Health Group (copies of which are attached hereto marked
“C1”, “C2” and “C3”) and by so doing, you:-
3.1 fraudulently and/or falsely claimed and/or attempted
to claim for services allegedly rendered to (dependants of
your patient) whilst the true facts are that you and/or your
practice never rendered such professional services at all;
and/or
3.2 you and/or your practice were/was not entitled to
payment of the amount(s) you claimed for; and/or
3.3 as a result of your misrepresentation your patient
and/or Metropolitan Health Group suffered actual prejudice
and/or potentially suffered financial loss.
|
Fined to pay admission of guilt fine of R 3000 and a further
3 years suspension wholly suspended for 3 years on condition
that she is not found on similar offence during the period
of suspension. |
Durban |
|
Padayachee K
PT 0076783 2003/23 |
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 from December 2003 to May 2004 (or
portions thereof) in respect of Mr Nicholas Bongani Msomi
and/or Thabiso Msomi (dependent) you and/or your practice
furnished or rendered or permitted to be furnished or
rendered an account (a copy of which is attached hereto
marked “A”) or failed to take such steps as were necessary
to prevent such account to be rendered whilst:-
1.1 the contents thereof were not accurate, true or
correct in all respect; and/or
1.2 you and/or your practice charged or attempted to
recover one or more amounts in respect of services
allegedly rendered to Mr Msomi and/or Thabiso (dependent)
whilst in truth and reality you and/or your practice never
rendered such professional services at all; and/or
1.3 such statement or quotation was drafted in such a
manner as to create the incorrect impression that you and/or
your practice had in fact rendered professional services to
Mr Msomi and/or Thabang (dependant), thereby causing
actual or potential prejudice to Mr Msomi and/or
Metropolitan Health Group.
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 from June 2004 (or portions thereof)
in respect of your patient and/or (dependent of your
patient) you and/or your practice furnished or rendered or
permitted to be furnished or rendered an account (a copy of
which is attached hereto marked “C”) or failed to take such
steps as were necessary to prevent such account to be
rendered whilst:-
3.1 the contents thereof were not accurate, true or
correct in all respect; and/or
3.2 you and/or your practice charged or attempted to
recover one or more amounts in respect of services allegedly
rendered to your patient and/or (dependent your patient)
whilst in truth and reality you and/or your practice never
rendered such professional services at all; and/or
3.3 such statement or quotation was drafted in such a
manner as to create the incorrect impression that you and/or
your practice had in fact rendered professional services to
your patient and/or (dependant your patient), thereby
causing actual or potential prejudice to your patient and/or
Metropolitan Health Group.
|
Found guilty on count 1 & 3, count 2 was withdrawn and was
fined to pay R2000 and a further 3 years suspension wholly
suspended for 3 years on condition that she is not found on
similar offence during the period of suspension |
Durban |
|
Hartley R
OPS 0031925 2005/711B |
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during the
period from January 2004 to December 2004, you submitted
falsified results of your case studies pertaining to
patient(s) records of both theory and practical examinations
in respect of the following patients [see attached copies of
patients names marked “A1” to “A9”] to the University of
Durban Westville and/or persons responsible for such theory
and/or practical(s) examination(s) whilst:-
1.1 the content(s) thereof were not accurate, true
or correct and/or misleading in one or all respect(s);
and/or
1.2 submitted and/or presented the said case study
results to the said University and/or person(s) responsible
for such theory and/or practical(s) examination(s) whilst:-
1.2.1 you knew or should have known that the contents
thereof were incorrect, false and/or misleading; and/or
1.2.2 completed and/or filled in the said patient(s)
record form(s) and/or the said case study results in such a
manner as to create the incorrect impression that your
supervisor completed and/or filled in the said form(s)
and/or you have passed your examination(s) and by so doing
caused actual prejudice and/or potential prejudice to the
University of Westville and/or person(s) responsible for
such theory and/or practical(s) examination(s).
|
Sentenced as follows: Removal of her name from the register. |
Cape Town |
|
Van der Westhuizen PT
ANA 0010502 2005/916 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that upon or about 31 May 2005 and in respect of your client
(“the deceased”), you acted in a manner that was not in
accordance with the standards of your profession in that you
allowed or permitted an unregistered and/or unqualified
person to attend to the deceased whilst you were
transporting him from Standerton to Johannesburg General
Hospital.
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 2004 – 2006, you kept in your
possession, medicines which fall out
COUNT 5
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that upon or about 31 May 2005, you acted in a manner that
was not in accordance with the standards of your profession
in that you failed to observe Regulations pertaining to the
transportation of people who have died of unnatural causes
in that you:
5.1
failed to report the unnatural death to the police; and/or
5.2
failed to obtain permission to transport the deceased
person; and/or
5.3
Tampered with the deceased body by removing evidence that
was necessary for the purposes of the post-mortem
examination.
|
Guilty on count 1,4 & 5. Counts 2 & 3withdrawn duplication.
Sentenced to 12 months suspension wholly suspended for 5
years on condition that (a) he is not convicted of
unprofessional conduct committed during the period of
suspension, (b) he attend a refresher course in ECP at
Lebone College of Emergency and submit proof thereof within
a period of six months. |
Pretoria |
|
Dr. Dasoo YM
MP 0330817 2006/325 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 2004 you mismanaged (“your patient”) by:-
1.1 failing to
obtain adequate history;
|
Penalty was a caution |
Johannesburg |
|
Jankelowitz D.M.
DP 0014125 2006/366 |
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 from November 2004 to September
2005 or part(s) or portion(s) thereof in respect of (“your
patient”) you:-
1. were unable to provide a satisfactory dental
prosthesis for the patient; and/or
2. referred the patient to the dental technician
for treatment whilst you knew or ought to have reasonably
known that dental technicians are not permitted to perform
clinical procedures on the patients; and/or
3. failed and/or neglected to diagnose the post
operative complications experienced by your patient; and/or
4. failed and/or neglected to refer your patient
timeously for specialist assessment of his complications,
and/or
5. failed and/or neglected to inform the Health
Professions Council of South Africa of change of address.
|
Paid admission of guilt R10 000 |
Johannesburg |
|
Methi MA
TT 0006068 2006/451 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 30
December 2004 and respect of your patient, you furnished or
rendered or permitted to be furnished or rendered on your
behalf or on behalf of your practice a statement/account (a
copy of which is annexed hereto, marked “A”), whilst :-
1. you charged or attempted to recover professional
fees to which you were not entitled; and/or
2. the contents thereof were not accurate, true or
correct in all respects; and/or
3. you charged or attempted to recover one or more
amounts in respect of professional services allegedly
rendered by you whilst one or more of the aforesaid
professional services was/were not rendered by you; and/or
4. the statement/account was drafted in such a manner
as to cause financial prejudice or potential financial
prejudice to patient (the principal member) and/or the
medical aid scheme to which he belonged; and/or
5. by issuing the said statement/account you acted in
such a manner that brought or could have brought yourself
and/or your profession in disrepute.
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 15
September 2005 and respect of your client, you furnished or
rendered or permitted to be furnished or rendered on your
behalf or on behalf of your practice a statement/account (a
copy of which is annexed hereto, marked “B”), whilst :-
1. you charged or attempted to recover professional fees
to which you were not entitled; and/or
2. the contents thereof were not accurate, true or
correct in all respects; and/or
3. you charged or attempted to recover one or more
amounts in respect of professional services allegedly
rendered by you whilst –
(a) none of the aforesaid professional services were
rendered by you; and/or
(b) you did not consult with your client on the date as
charged by you; and/or
4. the statement/account was drafted in such a manner as
to cause financial prejudice or potential financial
prejudice to your patient and/or the medical aid scheme to
which he belonged; and/or
5. by issuing the said statement/account you acted in
such a manner that brought or could have brought yourself
and/or your profession in disrepute.
COUNT 3
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during or
about April 2004 until July 2004 and respect of your
patients, and minor (dependent) , you furnished or rendered
or permitted to be furnished or rendered on your behalf or
on behalf of your practice one or more statements/accounts
(a copy of which is annexed hereto, marked “C”), whilst :-
1. you charged or attempted to recover professional fees
to which you were not entitled; and/or
2. the contents thereof were not accurate, true or
correct in all respects; and/or
3. you charged or attempted to recover one or more
amounts in respect of professional services allegedly
rendered by you whilst –
(a) one or more aforesaid professional services
was/were not rendered by you; and/or
(b) you did not consult with your patients on one
or more of the dates as charged
by you; and/or
4. the statement(s) /account(s) was/were drafted in such
a manner as to cause financial prejudice or potential
financial prejudice to your patient and/or the medical aid
scheme to which she belonged; and/or
5. by issuing the said statement(s) /account(s) you
acted in such a manner that brought or could have brought
yourself and/or your profession in disrepute.
|
Fined R10 000 |
Bloemfontein |
|
Dr. Leone LJ
MP 0399027 2006/713 |
THAT
you are guilty of unprofessional conduct or conduct which
when due regard is had to your profession is improper or
disgraceful, in that during the year 2006, you and/or your
practice rendered an account to the Bankmed Medical Aid Fund
concerning services rendered to (“your patient”) whilst you
failed and/or neglected to explain to your patient that you
are charging fees excessive /or more than the medical aid
rates.
|
Paid admission of guilt fine of
R10 000. |
Johannesburg |
|
Van Heerden ST
GAK 00001570 2006/875 |
THAT you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that on or about 03
February 2006 and 12 May 2006 you and/or your practice
caused and/or permitted an advertisement (copes of which are
attached hereto, marked “A”) to be published in the “Moot
Rekord and East View Kryzee” newspapers and in so doing you;
and/or your practice:
i)
touted, canvassed or solicited for patients and/or business;
ii)
advertised a hearing aid for a specified fee in
contravention of the Ethical Rules and/or;
iii)
advertised a photo of a body part in contravention of the
Ethical Rules; and/or
iv)
used a name other than the name(s) of the practitioner(s) in
contravention of the Ethical Rules.
|
To pay admission of guilt fine of
R10 000 in installments of R500 from the 1St of
July 2007. |
Pretoria |
|
Dr. Van Heerden JL
MP 0519618 2006/914A |
That you are
guilty of unprofessional conduct or conduct which, when
regard is had to your profession, is unprofessional in that
on the 29 September 2005 at Eugene Marais Hospital and in
the treatment of the diseased (“your patient”) you -
2.
failed or neglected to appreciate the significance of the
hypotension in your patient.
|
Pleaded guilty to paragraph 2 of the charge sheet. Penalty:
3 months suspension, the operation of which was further
suspended for 3 years on condition that he is not found
guilty of unprofessional conduct during the period of
suspension.
|
Pretoria |
|
Dr. Schreuder JH
MP 0171514 2006/1262 |
THAT
you are guilty of unprofessional conduct or conduct which,
when due regard is had to your profession is disgraceful or
improper, in that during /or about the year 2006 you and/or
your practice allowed medical prescriptions [copies which
are annexed hereto, marked “E.1. - E.4”] to be
written or issued to pharmacies for medication, whereas in
truth and fact you did not:-
1.
examine or ascertained the diagnosis of the persons
mentioned therein; and/or
2.
sign next to or write the contents of the prescription;
and/or as the result thereof you:-
3.
failed to keep or maintain proper safety of your profession
stationery (viz. medical prescription); and/or
4.
you acted in a manner which did or could have brought your
reputation and the standing of the medical profession into
disrepute.
|
Paid Admission of guilt fine in the amount of R5000.00 |
Pretoria |
|
| |
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr S Mokoana
MP 0419907/2003/579 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that upon or about July 2003 and in respect of (“your
patient”) you attended to the delivery of your
patient’s child in a manner that was incompetent or
negligent or that was not in accordance with the generally
accepted norms and standards of your profession in that
you:-
1. failed or neglected to attend to your patient’s
complaints or to ensure that your patient’s complaints were
attended to adequately by properly trained staff; and/or
2. failed or neglected to ensure that your patient was
referred to a specialist with proper neonatal facilities for
premature babies; and/or
6. showed a lack of empathy to your patient and her
family and/or failed to give counselling to your patient and
her family following the death of your patient’s baby.
|
The penalty imposed was that his name be removed from the
register, however the penalty was wholly suspended for two
years on condition that he is not convicted of
unprofessional conduct during the period of suspension. A
further condition was that he be barred from practicing as
obstetrics. |
Pretoria |
|
Mr JW Stone
OS 0005681/2004/134 |
THAT
you are guilty of unprofessional conduct or conduct which,
when due regard is had to your profession is improper or
disgraceful, in that during the year 2003 and in respect of
your patient you and/or your practice submitted an account
(copy of which is attached herein, marked “E.1”) to the
Discovery Health Medical Aid Fund concerning services to wit
you have : -
1.1.
not rendered to your patient; and/or
1.2.
claimed for before rendering the service; and/or
1.3.
overcharged /or claimed excessively.
|
Accused was found guilty and a 12 month suspension from
practice was imposed and conditionally suspended for 5
years.
|
Pretoria |
|
Dr Y Bamjee
DP 0038334/2005/171 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 24 March 2004 in respect of your patient,
you managed your patient in a manner that was not in
accordance with the norms and standards of your profession
in that you:-
i) you failed and/or neglected to recognise from the
beginning that there was a damage to lingual nerve; and/or
ii) the numbness on the tongue of your patient was
ceased by the direct trauma to the lingual nerve at the time
of the surgery; and/or
iii) you failed and/or neglected to treat your patient
properly post-operatively, following surgical removal of her
impacted molar teeth.
|
Accused found guilty, sentenced to twelve months suspension
thereof suspended for three years on condition that the
accused is not found guilty of similar offence during the
period of suspension. |
Johannesburg |
|
Dr I Chuntarpursa
MP 0172634/2005/384 |
|
Accused was found guilty as charged. Sentenced to three
months suspension for three years on condition that he is
not found guilty of unprofessional conduct during the period
of suspension. |
Durban |
|
Dr LF Gordon
MP 0317560/2005/908 |
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession, is unprofessional in
that on the 4 March 2003, you performed a lower lid
blepharoplasty on (“your patient”) in a manner that was
incompetent and/or negligent and/or which does not conform
to generally accepted norms and standards of medical
practice.
|
Accused paid admission of guilt fine of R10 000.00 |
Johannesburg |
|
Dr M Gouws
MP 0346708/2006/506 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 27 March 2006 you and/or your practice
rendered an account to the Bankmed Medical Aid Fund
concerning services rendered to your patient whilst you
failed and/or neglected to explain to him that you are
charging private rates and/or more than the medical aid
rates.
|
The practitioner paid admission of guilt fine of R5 000.00. |
Johannesburg |
|
Dr SSK Nhlanhla
MP 0608467/2006/530 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that whilst employed as a medical practitioner doing your
prescribed community service at the Philadelphia Hospital,
you -
(a) on or about 30 May 2006 and/or 31 May 2006 failed to
report to work in the morning in order to present the
patients you had seen; and/or
(b) were absent without leave from the hospital on or
about 1 June 2006 when you were scheduled to be on duty in
the Casualty Department; and/or
(c) refused or failed to complete a leave form timeously
for taking leave for humanitary reasons during June 2006;
and/or
(d) on or about 6 June 2006, although instructed by the
Medical Manager, refused to complete a medico-legal document
(form J88) in respect of your patient to whom you attended
to on or about 27 May 2006.
|
Penalty is caution and reprimand. |
Pretoria |
|
Dr MI Paruk
MP 0201405/2006/643 |
THAT
you are guilty of unprofessional conduct or conduct which,
when due regard is had to your profession is disgraceful or
improper, in that during /or about the year 2006 you and/or
your practice treated and/or administered a
treatment to [“your patient”] whereas in truth and fact you
did not:-
1.1.
obtain the full medical or other history of your patient;
and/or
1.2.
conduct a proper examination on your patient; and/or
1.3.
ascertained the diagnosis of your patient; and/or as the
result thereof you:
1.4.
compromised /or put at risk the health and/or well being of
your patient; and/or
1.5.
acted in a manner which did or could have brought your
reputation and the standing of the medical profession into
disrepute.
|
Paid a fine of R10 000.00 |
Durban |
|
Dr S Cohen
MP 0521566/2006/677 |
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 14th
June 2006 in respect of “your patient” you acted in a manner
that was not in accordance with the norms and standards of
your profession in that:-
(i)
you prescribed schedule 6 medication to wit “Concerta” on a
repeat basis for six (6) months without assessing your
patient; and/or
(ii)
you lacked clinical judgement and care by not referring your
patient for specialist opinion.
|
Paid admission of guilt fine of
R2 500.00 without appearing for inquiry. |
Johannesburg |
|
Ms R Sulaiman
PT 0045748/2006/836 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional in
that during the period October 2002 till September 2006 (or
portions thereof) you treated (“your patient”), who was
involved in a motor vehicle accident, whilst:
1.
you failed or neglected to inform your patient of the
financial implications of such prolonged and/or costly
treatment in advance; and/or
|
Found guilty. Penalty imposed was a caution and ordered to
attend Practice Management course within twelve months. |
Cape Town |
|
Dr Q Richter
MP 0192236/2006/851 |
THAT you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that during or about May 2002, in respect
of your patient, you –
1. failed and/or neglected to identify and/or preserve
the posterior interosseous nerve of your patient’s left
forearm during an excision of a benign non-infiltrating
lipoma causing the complete lesion of the said nerve; and/or
2. failed and/or neglected to arrange for a follow-up
examination when your patient complained of pain and/or
non-movement of her arm and/or poor hand function during the
first post-operative consultation when the stitches were
removed.
|
Paid admission of guilt fine of
R10 000.00. |
Pretoria |
|
Dr M S Yako
MP 0524751/2006/874 |
|
The accused pleaded guilty and was fined a sum of R10
000.00. |
Johannesburg |
|
Dr P Valjee
DP 0067482/2006/1103 |
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 November 2005 to October 2006 you and/or
your practice employed and/or caused to be employed and/or
failed to take all such steps as were necessary to prevent
from being employed an unregistered person to wit your
patient in your practice as a dental therapist.
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 November 2005 to October 2006 you and/or
your practice rendered and/or caused to be rendered, or
failed to take all such steps as were necessary to prevent
from being rendered claims for dental services:-
2.1 the contents of the claims were false, inaccurate
and/or misleading in that an unregistered person performed
such services and not a registered dentist.
2.2 the claims were submitted using the general dental
practitioner tariff instead of the dental therapist tariff.
2.3 the said claims were compiles in such a manner as to
cause financial
prejudice or potential prejudice to the person(s)
responsible for payment of the account or the medical
aid scheme concerned, to wit, Discovery Health in respect of
fees to which you were not entitled.
|
Found guilty of unprofessional conduct and the penalty
imposed was that she be suspended from practice for one
year, wholly suspended for three years on condition that she
is not convicted of a similar offence during the period of
suspension. |
Johannesburg |
|
Dr AC Govender
MP 0245844/2006/1174 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during 2006 or parts thereof, you and/or your practice
employed and/or allowed and/or caused to be employed and/or
failed to take all such steps as were necessary to prevent
from being employed an unregistered, unlicensed and
inadequately trained person to wit your patient to perform
x-ray examinations.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during 2006 or parts thereof, you and/or your practice
used a faulty x-ray machine in performing of x-ray
examinations.
|
Accused elected to pay admission of guilt fine of R10 000.00
without appearing at the inquiry. |
Durban |
|
|
SEPTEMBER
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr JP Dooken
MP 0373796/2004/453 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is improper or
disgraceful in that during /or about year 2001 [/or parts
thereof] and in respect of (“your patient”) you and/or your
practice submitted to the medical aid scheme Sovereign
Health) of your patient unjustified claims for chronic
medication and/or prescribed chronic medicine(s) and/or
drug(s) (details of which are set out in Annexure “A-D”
enclosed herein) whilst:
1.
the said prescription was drafted in a manner that was
inaccurate or incorrect in that-
the medicine(s) and/or
drug(s) was/were prescribed without special investigation
/or findings; and/or
the medicine(s) and/or
drug(s) was/were prescribed in circumstances where either no
such medicine(s) and/or drug(s) were necessary or indicated
or in the best interest or to the benefit of your patient;
and/or
2.
one or more or all of the chronic medication claims was/were
submitted in a manner as to cause actual or potential
financial prejudice to your patient and/or Sovereign Health
Medical Aid Scheme in that your patient was requested to pay
amounts which were not due to you /or your practice; and/or
3.
you acted in a manner which did /or could have brought your
reputation and/or standing of the medical profession into
disrepute.
|
Found guilty and suspended from practicing his profession
for twelve months. |
Durban |
|
Dr MAV Faesen
MP 0336548/2006/91 |
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 31 January 2006, in respect of (“your patient”) you:-
1. prescribed Lamisil cream to your patient which is
only applied and/or taken externally and advised her to
insert it vaginally when such cream has not been clinically
tested for internal use.
|
Accused elected to pay admission of guilt fine of R5 000.00
without appearing at the inquiry. |
Johannesburg |
|
Dr MCE McDonald
MP 0160259/2006/243 |
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 21st November 2003, in respect of (“your
patient”) you:-
1.1 failed and/or neglected to refer your patient for
counselling before conducting her HIV test status; and/or
1.2 failed and/or neglected to obtain your patient’s
consent to conduct HIV test on her.
|
Accused elected to pay admission of guilt fine of R10 000.00
without appearing at the inquiry. |
Pretoria |
|
Dr CW Dirksen
MP 00180343/2007/105 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that upon or about October 2006 and in respect of (“your
patient”), you acted in a manner that is not in accordance
with the norms and standards of your profession in that you
failed and/or neglected to have your patient admitted to a
hospital in order to control an infection and/or to provide
sufficient care to your patient who was suffering from a
diabetic condition.
|
Accused elected to pay admission of guilt fine of R2 500.00
without appearing at the inquiry. |
Johannesburg |
OCTOBER
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr FW Peer
MP 0376400/2004/878
|
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 7
January 2003 and in respect of your patient you and/or your
practice submitted a claim to Sizwe Medical Fund for
professional services rendered (a copy whereof is attached
marked Annexure “A1”) you:-
1.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to him at all;
and/or
1.2 you and/or your practice were not entitled to any
of the amount specified in the said account/statement; and
1.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
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 12
February 2003 and in respect of your patient you and/or your
practice submitted a claim to Sizwe Medical Fund for
professional services rendered (a copy whereof is attached
marked Annexure “A2”) you:-
2.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to him at all;
and/or
2.2 you and/or your practice were not entitled to any
of the amount specified in the said account/statement; and
2.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
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 27 March 2003 and in respect of your patient you and/or
your practice submitted a claim to Sizwe Medical Fund for
professional services rendered (a copy whereof is attached
marked Annexure “A3”) you:-
3.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to him at all;
and/or
3.2 you and/or your practice were not entitled to any
of the amount specified in the said account/statement; and
3.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
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 12
February 2003 and in respect of your patient you and/or your
practice submitted a claim to Sizwe Medical Fund for
professional services rendered (a copy whereof is attached
marked Annexure “A4”) you:-
4.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to him at all;
and/or
4.2 you and/or your practice were not entitled to any
of the amount specified in the said account/statement; and
4.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
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 10
October 2001, and in respect of your patient you and/or your
practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “B1”) you:-
5.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to her at
all; and/or
5.2 you and/or your practice were not entitled to any
of the amounts specified in the said accounts/statements;
and
5.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 6
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 02
January 2002, and in respect of your patient you and/or your
practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “B2”) you:-
6.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to her at
all; and/or
6.2 you and/or your practice were not entitled to any
of the amounts specified in the said
accounts/statements; and
6.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 7
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 4 November 2002, and in respect of your patient you
and/or your practice submitted claims to Sizwe Medical Fund
for professional services rendered (copy whereof is attached
marked Annexure “B3” & “B4”) you:-
7.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to her at
all; and/or
7.2 you and/or your practice were not entitled to any
of the amounts specified in the said accounts/statements;
and
7.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 8
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 14
February 2002, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “B5”) you:-
8.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered services to her at
all; and/or
8.2 you and/or your practice were not entitled to any
of the amounts specified in the said accounts/statements;
and
8.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 9
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 07
February 2003, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “C1”) you:-
9.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
9.2 you and/or your practice were not entitled to any
of the amounts specified in the said accounts/statements;
and
9.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 10
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 26
February 2003, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “C2”) you:-
10.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
10.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
10.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 11
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
August 2002, and in respect of your patient, you and/or your
practice submitted claims to Sizwe Medical Fund for
professional services rendered (copies whereof are attached
marked Annexure “D1”) you:-
11.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
11.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
11.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 12
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about
25February 2003, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “D2”) you:-
12.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
12.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
12.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 13
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 15
February 2003, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “D3”) you:-
13.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
13.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
13.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 14
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 27
February 2002, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “E”) you:-
14.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
14.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
14.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 15
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 01
February 2002, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “F”) you:-
15.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
15.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
15.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 16
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 14
February 2002, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “G”) you:-
16.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
16.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
16.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 17
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 27
March 2003, and in respect of your patient you and/or your
practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “H”) you:-
17.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
17.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
17.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 18
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 15
February 2003, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “I”) you:-
18.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
18.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
18.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 19
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 01
February 2002, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “J”) you:-
19.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
19.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
19.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 20
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 27
February 2002, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “K”) you:-
20.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
20.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
20.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 21
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 14
February 2002, and in respect of your patient you and/or
your practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “L”) you:-
21.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
21.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
21.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
COUNT 22
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that on or about 05
August 2002, and in respect of your patient you and/or your
practice submitted claims to Sizwe Medical Fund for
professional services rendered (copy whereof is attached
marked Annexure “M1”) you:-
22.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered any services to her at
all; and/or
22.2 you and/or your practice were not entitled to any of
the amounts specified in the said accounts/statements; and
22.3 as a result of your misrepresentation, your patient
and/or Sizwe Medical Fund suffered financial loss and/or
potential prejudice.
|
Found guilty and the penalty was removal of his name from
the register. |
Arcadia |
|
Ms VJ Van Staden
PS 0080667/2005/397 |
Count 1
THAT you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that between the period 01
August 2003 and 29 April 2005 you acted in a manner that was
not in accordance with the norms and standards of your
profession in that.
1) you practised as a psychologist whilst not registered.
|
Paid admission of guilt fine of R4000.00 without appearing
for inquiry. |
Johannesburg |
|
Dr RK Naidu
MP 0265543/2006/716 |
THAT you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that on or about 30 May
2006 in respect of your patient (hereinafter referred to as
“your patient”), you acted in a manner that was not in
accordance with the norms and standard of your profession in
that you refused to complete insurance forms in respect of
your patient.
|
Paid admission of guilt fine of R5000.00 without appearing
for inquiry. |
Durban |
|
Mr IJ Nthapo
BAA 0137626/2006/308 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that upon or about 8 August 2005, you acted in a manner that
was not in accordance with the norms and values of your
profession in that you drove an ambulance and transported
patients whilst under the influence of alcohol thus putting
your patients lives in danger.
|
Found guilty. Penalty is twelve months suspension, suspended
for three years. |
Bloemfontein |
|
Dr S Mjamekwana
MP 0489433/2006/1059 |
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 8 September 2006 in respect of your patient
you and/or your practice submitted a claim to Discovery
Health for professional services allegedly rendered (a copy
whereof is attached marked Annexure “A”) you:-
1.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered the said services at all
and/or
1.2 were not entitled to any of the amount specified
in the said account/statement; and
1.3 as a result of your misrepresentation, your
patient and/or Discovery Health suffered financial
loss and/or potential prejudice.
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 9 September 2006 in respect of your patient
you and/or your practice submitted a claim to Discovery
Health for professional services allegedly rendered (a copy
whereof is attached marked Annexure “B”) you:-
2.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice never rendered the said services at all
and/or
2.2 were not entitled to any of the amount specified in
the said account/statement; and
2.3 as a result of your misrepresentation, your patient
and/or Discovery Health suffered financial loss and/or
potential prejudice.
|
Found guilty as charged and ordered to pay the costs of the
inquiry. |
Durban |
|
Dr R van Tonder
MP 0504494/2006/1110 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that upon or about October 2006, in respect of your patient,
you acted in a manner that is not in accordance with the
norms and standards of your profession in that you
prescribed medication to your patient to wit Demazil in
doses that were higher than the recommended dosage.
|
Paid admission of guilt fine of R2500.00 without appearing
for inquiry. |
Pretoria |
November
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr SS Meer
MP 0231940/2004/1148 |
THAT
you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that during 2004, you and/or your
practice acted in a manner in that was not in accordance
with the norms and standards of your profession in that
you dispensed medication to your patients in packets and
you failed and/or neglected to:
1.
indicate the personal details of
the patient; and/or
2.
indicate the name and strength of
the medication and the quantity supplied; and/or
3.
indicate the batch and expiry date
of the medication.
|
Paid admission of guilt fine of R5000.00 without
appearing for inquiry. |
Durban |
|
Dr PJA Kitshoff
PS 0011819/2005/05 |
THAT
you are guilty of unprofessional conduct or conduct
which when due regard is had to your profession is
improper or disgraceful, in that between the year 2003
and 2005 or [portions and/or parts thereof] in respect
of the Urdang family, you and/or your practice:-
1.1.
performed acts specifically
pertaining to the scope and/or practice of the
profession of psychologist whilst you were not
registered in terms of the Health Professions Act (No.56
of 1974); and/or
1.2.
produced and/or provided a biased
report relating to the Urdang family.
|
Committee resolved that his name be removed from the
register. |
Johannesburg |
|
Dr SC Ngamlana
MP 0471593/2006/83 |
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 2005 in
respect of your patient you and/or your practice
inappropriately issued a medical certificate as per
annexure “A” in contravention of ethical rule 15 of the
Health Professions Council of South Africa.
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 September 2005 in
respect of your patient you and/or your practice
inappropriately issued a medical certificate as per
annexure “A” in contravention of ethical rule 15 of the
Health Professions Council of South Africa.
|
Paid admission of guilt fine of R5000.00 without
appearing for inquiry. |
Cape Town |
|
Dr JP Louw
MP 0247383/2006/421 |
COUNT 1
THAT you are guilty of unprofessional conduct in that on
13 June 2005 at Upington you rendered an account to your
patient, Mrs FA Bostander, whilst the contents thereof
were not correct and accurate in all respects.
COUNT 2
THAT you are guilty of unprofessional conduct in that on
8 September 2005 at Upington you rendered an account to
your patient, Mrs A Salzmann, whilst the contents
thereof were not correct and accurate in all respects.
COUNT 3
THAT you are guilty of unprofessional conduct in that on
21 June 2004 at Upington you rendered an account to your
patient, Mrs E Louw, whilst the contents thereof were
not correct and accurate in all respects.
COUNT 4
THAT you are guilty of unprofessional conduct in that on
19 August 2004 at Upington you rendered an account to
your patient, Mrs PL Oor, whilst the contents thereof
were not correct and accurate in all respects.
COUNT 5
THAT you are guilty of unprofessional conduct in that on
11 May 2004 at Upington you rendered an account to your
patient, Ms M du Plessis, whilst the contents thereof
were not correct and accurate in all respects.
COUNT 6
THAT you are guilty of unprofessional conduct in that on
10 March 2005 at Upington you performed a Moschowitz
procedure on your patient Mrs V Vries, whilst
insufficient indications for the procedure had been
present.
COUNT 7
THAT you are guilty of unprofessional conduct in that on
14 April 2005 at Upington you performed a Moschowitz
procedure on your patient Mrs PJ Robertson, whilst
insufficient indications for the procedure had been
present.
COUNT 8
THAT you are guilty of unprofessional conduct in that on
9 May 2006 at Upington you performed a Moschowitz
procedure on your patient Mrs KE Liebenberg, whilst
insufficient indications for the procedure had been
present.
COUNT 9
THAT you are guilty of unprofessional conduct in that on
23 January 2006 at Upington you performed a Moschowitz
procedure on your patient Mrs AG Kruger, whilst
insufficient indications for the procedure had been
present.
|
Dr Louw was found guilty on 9 charges. Charges 1-5
suspended for three months suspended for one year.
Counts 6-9 cautioned and reprimanded. |
Upington |
|
Ms ML Mahlo
OPS 003765/2006/1172
Ms S Carrim
OP 0029904/2006/1172 |
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 17 August 2006 in
respect of your patient you and/or practice number
0139653 jointly and/or severally rendered and/or caused
to be rendered and/or failed to take such steps as were
necessary to prevent from being rendered a statement of
account (copy of which is attached hereto, marked “A”)
whilst:-
1.1
the contents of the statement were
false, inaccurate and/or misleading, and/or
1.2
you and/or practice number 0139653
did not render one or more and/or all of the
professional service(s) mentioned in the said statement,
and/or
1.3
The said statement was compiled in
such a manner as to cause financial prejudice and/or
potential prejudice to the person(s) responsible for
payment of the account and/or the medical aid scheme
concerned, to wit, DISCOVERY HEALTH in respect of fees
to which you and/or practice number 0139653 were not
entitled.
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 17 August 2006 in
respect of your patient you and/or practice number
0139653 jointly and/or severally rendered and/or caused
to be rendered and/or failed to take such steps as were
necessary to prevent from being rendered a statement of
account (copy of which is attached hereto, marked “B”)
whilst:-
2.1
the contents of the statement were
false, inaccurate and/or misleading, and/or
2.2
you and/or practice number 0139653
did not render one or more and/or all of the
professional service(s) mentioned in the said statement,
and/or
2.3
the said statement was compiled in
such a manner as to cause financial prejudice and/or
potential prejudice to the person(s) responsible for
payment of the account and/or the Medical Aid Scheme
concerned, to wit, Discovery Health in respect of fees
to which you and/or practice number 0139653 were not
entitled.
|
Both accused were found guilty of unprofessional
conduct. The penalty imposed for Ms Carrim was a
suspension from practice for twelve months, half of
which was suspended for five years on condition that Ms
Carrim is not convicted of a similar offence during the
period of suspension. Ms Mahlo’s penalty was that she be
suspended from practice for twelve months wholly
suspended for five years on condition that she is not
convicted of a similar offence during the period of
suspension. It was further recommended that they both
familiarize themselves with Council’s ethical rules. |
Pretoria |
|
Mr A Goraknath
ANT 0011886/2006/425 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is
had to your profession is unprofessional, in that you
failed and/or neglected to make a proper physical
handover to your colleague, as a result thereof a Hewlit
Packard ECG monitor valued at ± R50 000-00 went missing.
|
Accused found guilty and the sentence was twelve months
suspension from practice wholly suspended for a period
of five years on condition that he is not found guilty
during the period of suspension.
|
Kempton Park |
|
Dr MR Hendricks
DP 0032298/2006/586 |
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 2006 in
relation to your patient you and/or your practice caused
or permitted to be rendered or failed to take all such
steps as were necessary to prevent from being rendered a
split billed account statement to the patient.
|
Paid admission of guilt fine of R10000.00 without
appearing for inquiry. |
Cape Town |
|
Mr HM Cornelius
ANA 0088641/2006/774
|
THAT
you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that upon or about 06 June 2006 and in
respect of your patient you acted in a manner that was
not in accordance with the norms and standards of your
profession in that when called upon to attend to the
patient you:
1. Failed and/or neglected to examine your
patient and/or to take the patients’ blood pressure;
and/or
2. Failed and/or neglected to have your patient
transported to a hospital as she required emergency
treatment.
|
The penalty was erasure from the register. |
Pretoria |
|
Mr BEE Nkadimeng
BAA 0308293/2006/774 |
THAT
you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that upon or about 06 June 2006 and in
respect of your patient you acted in a manner that was
not in accordance with the norms and standards of your
profession in that when called upon to attend to the
patient you:
1. Failed and/or neglected to examine your
patient and/or to take the patients’ blood pressure;
and/or
2. Failed and/or neglected to have your patient
transported to a hospital as she required emergency
treatment.
|
The penalty was a suspended suspension. |
Pretoria |
|
Dr WP Bodemer
MP 0197319/2006/914B |
That you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that during the period 29-30 September
2005 at Eugene Marais Hospital and in respect of your
patient –
1. you failed or neglected to conduct an
adequate physical examination of your
patient; and/or
2. you failed or neglected to note the severe
hypotension in your patient and/or to
address it adequately; and/or
3. you failed or neglected to appreciate the
ongoing haemorrhage in your patient as shown
by acidosis and signs of ongoing shock
including haematocrit, haemoglobin and low
pressure.
|
Accused pleaded guilty. The penalty imposed was six
months suspension, the operation of which was suspended
for three years on condition that he is not found guilty
of unprofessional conduct during the period of
suspension. |
Pretoria |
|
Dr P Valjee
DP 0067482/2006/934 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that between December 2005 and October
2006 you and/or your practice employed and/or caused to
be employed and/or failed to take all such steps as were
necessary to prevent from being employed an unregistered
person to wit your patient in your practice as a dental
therapist.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that between December 2005 and October
2006 you and/or your practice rendered and/or caused to
be rendered, or failed to take all such steps as were
necessary to prevent from being rendered claims for
dental services:-
2.1 the contents
of the claims were false, inaccurate and/or
misleading in that an unregistered person performed such
services and not a registered dentist.
2.2
the claims were submitted using the
general dental practitioner tariff instead of the
dental
therapist tariff.
2.3 the said
claims were compiles in such a manner as to cause
financial prejudice or potential prejudice
to the person(s) responsible for payment of
the account or the medical aid scheme
concerned, to wit, Qualsa in respect of fees to which
you were not entitled.
|
Found guilty and the penalty imposed was twelve months
suspension, however the operation thereof, suspended for
three years on condition that she is not convicted of a
similar offence committed during the period of
suspension. |
Johannesburg |
|
Dr JI Sacks
DP 0013765/2006/1239 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct
which when due regard is had to your profession is
improper or disgraceful, in that during the year 2006
[portions /or parts thereof] and in respect of your
patient, you and/or your practice rendered or caused or
permitted to be rendered or failed to take all such
steps as were necessary to prevent from being rendered
one or more statement(s) of account and/or you /or your
practice charged or attempted to recover or you caused
or permitted to be charged on your behalf /or on behalf
of your practice certain amounts specified in such
statement(s) of account in respect of consultations
allegedly held, professional services allegedly
rendered, whilst:
1.1.
you and/or your practice charged or
attempted to recover professional fees to which you were
not entitled /or rendered, to wit:
1.1.1. you charged
code 8370 for procedures on teeth 36 and 37 whereas you
were only entitled to a fee for code 8367; and/or
1.1.2.
charged code 8177 whereas you were
only entitled to charge code 8151; and/or
1.1.3.
charged code 8177 whereas you did
not give your patient the relevant instructions;
and/or
1.2.
the content of such statement(s) of
account was/were false or not accurate, true or correct
in one or more respect(s); and/or
1.3.
the statement(s) of account
was/were drafted in such a manner as to cause actual
and/or potential financial prejudice to your patient
and/or Discovery Health Medical Aid Scheme in that your
patient /or the medical aid scheme was requested to pay
amounts which were not due.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct
which when due regard is had to your profession is
improper or disgraceful, in that during the year 2005
[portions /or parts thereof] and in respect of your
patient, you and/or your practice rendered or caused or
permitted to be rendered or failed to take all such
steps as were necessary to prevent from being rendered
one or more statement(s) of account and/or you /or your
practice charged or attempted to recover or you caused
or permitted to be charged on your behalf /or on behalf
of your practice certain amounts specified in such
statement(s) of account in respect of consultations
allegedly held, professional services allegedly
rendered, whilst:
2.1.
you and/or your practice charged or
attempted to recover professional fees to which you were
not entitled /or rendered, to wit:
2.1.1. you charged
code 8862 whereas you were only entitled to charge
code 8169; and/or
2.1.2.
you charged code 8737 twice whereas
you were only entitled to charge code 8739 as the second
procedure; and/or
2.2.
the content of such statement(s) of
account was/were false or not accurate, true or correct
in one or more respect(s); and/or
2.3.
the statement(s) of account
was/were drafted in such a manner as to cause actual
and/or potential financial prejudice to your patient
and/or Discovery Health Medical Aid Scheme in that your
patient /or the medical aid scheme was requested to pay
amounts which were not due.
COUNT 3
THAT
you are guilty of unprofessional conduct or conduct
which when due regard is had to your profession is
improper or disgraceful, in that between the year 2004
and 2007 [portions /or parts thereof] in respect of your
patients, you and/or your practice rendered or caused or
permitted to be rendered or failed to take all such
steps as were necessary to prevent from being rendered
one or more statement(s) of account (copies of which are
attached, marked “3A-3D”) and/or you /or your practice
charged or attempted to recover or you caused or
permitted to be charged on your behalf /or on behalf of
your practice certain amounts specified in such
statement(s) of account in respect of consultations
allegedly held, professional services allegedly
rendered, whilst:
3.1.
you and/or your practice charged or
attempted to recover professional fees to which you were
not entitled /or rendered, to wit:
3.1. you charged
code 8737 concurrently with code 8159 whereas you were
only entitled to charge and receive fees for code 8159.
3.2.
the content of such statement(s) of
account was/were false or not accurate, true or correct
in one or more respect(s); and/or
3.3.
the statement(s) of account
was/were drafted in such a manner as to cause actual
and/or potential financial prejudice to your patient
and/or Discovery Health Medical Aid Scheme in that your
patient /or the medical aid scheme was requested to pay
amounts which were not due.
COUNT 4
THAT
you are guilty of unprofessional conduct or conduct
which when due regard is had to your profession is
improper or disgraceful, in that during the year 2005
[portions /or parts thereof] in respect of your patient,
you and/or your practice rendered or caused or permitted
to be rendered or failed to take all such steps as were
necessary to prevent from being rendered a statement of
account and/or you /or your practice charged or
attempted to recover or you caused or permitted to be
charged on your behalf /or on behalf of your practice
certain amounts specified in such a statement of account
in respect of consultations allegedly held, professional
services allegedly rendered, whilst:
4.1.
you and/or your practice charged or
attempted to recover professional fees to which you were
not entitled /or rendered, to wit:
4.1.1. you charged
and/or received fees for code 8213 for the
removal of a second residual root.
4.2.
the content of such a statement of
account was false or not accurate, true or correct in
one or more respect(s); and/or
4.3.
the statement of account was
drafted in such a manner as to cause actual and/or
potential financial prejudice to your patient and/or
Discovery Health Medical Aid Scheme in that your patient
/or the medical aid scheme was requested to pay amounts
which were not due.
COUNT 5
THAT
you are guilty of unprofessional conduct or conduct
which when due regard is had to your profession is
improper or disgraceful, in that during the year 2005
[portions /or parts thereof] in respect of your patient,
you and/or your practice rendered or caused or permitted
to be rendered or failed to take all such steps as were
necessary to prevent from being rendered a statement of
account and/or you /or your practice charged or
attempted to recover or you caused or permitted to be
charged on your behalf /or on behalf of your practice
certain amounts specified in such a statement of account
in respect of professional services allegedly rendered,
whilst:
5.1.
you and/or your practice charged or
attempted to recover professional fees to which you were
not entitled /or rendered, to wit:
you and/or your practice charged or
attempted to recover
|
Found guilty and suspended for six months for three
years. |
Johannesburg |
|
Dr J Grobbelaar
MP 0085308/2007/487 |
THAT
you are guilty of unprofessional conduct or conduct
which when regard is had to your profession is improper
and/or disgraceful, in that on /or about February 2006
you performed a total abdominal hysterectomy procedure
on your patient whereas prior to and post performing
such procedure you failed and/or neglected your duties
as medical practitioner to:
1.1.
warn your patient prior performing
such procedure about the inherent /or material risk
and/or complications which might flow from the
procedure; and/or
1.2.
advise your patient about the
complication with the bladder immediately and/or
directly after the procedure; and/or
1.3.
to properly and/or adequately
manage the complication of your patient.
|
Paid admission of guilt fine of R2500.00 without
appearing for inquiry. |
Johannesburg |
|
Dr JA Potgieter
MP 0528905/2007/523 |
THAT
you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that during the period July 2004 in
respect of your patient you failed and/or neglected to
render an account to the Barlow medical aid and/or your
patient timeously.
|
Paid admission of guilt fine of R2000.00 without
appearing for inquiry. |
Cape Town |
December
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr SJD Seape
MP 0372544/2003/563 |
THAT
you are guilty of unprofessional conduct or conduct,
which when regard is had to your profession is
unprofessional in that upon or about or between 22 June
2003 and 03 July 2003 and in respect of your patient,
you admitted the deceased with fractured ribs at Clinix
hospital and thereafter treated the deceased in a manner
that was incompetent or negligent in that you:-
1. failed to properly or adequately examine the
deceased and/or to treat the deceased condition in an
appropriate manner; and/or
2. failed to
diagnose a left pneumothorax on your patient; nd/or
3. failed to
diagnose a trachea oesophageal fistula on your
atient; and/or
4. managed the deceased condition in a manner
that was not in accordance with the standards of your
profession and as a result thereof the deceased
developed sepsis and demised.
|
Elected to pay admission of guilt fine of R10000.00
without appearing for inquiry.
|
Pretoria |
|
Mr MA Fourie
GAK 0001708/2004/404 |
THAT
you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession is
unprofessional, in that during the year 2002 [/or parts
and/or portions thereof] and in respect of your patient
you and/or your practice charged /or attempted to
recover or you caused or permitted to be charged on your
behalf /or on behalf of your practice certain amounts
specified in the statement of
account (copy of which is attached, marked Annexure
“D3”) for consultation(s) allegedly held, professional
services allegedly rendered and/or test allegedly
conducted whilst you or your practice:-
1.1.
did not consult with, render
professional service to, conducted such test on your
patient; and/or
1.2.
were not entitled to such amounts
[/or portion thereof] reflected in Annexure “D.3”;
and/or
1.3.
drafted such statement to cause
actual or potential financial prejudice to your patient
and/or Old Mutual Health Care.
|
Elected to pay admission of guilt fine of R6000.00
without appearing for inquiry.
|
Cape Town |
|
Mr J Landman
PS 0068128/2006/999 |
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 12 July 2006 in respect of your patient you
compiled a report and came to a conclusion based on a
single psychological instrument without obtaining and
considering appropriate collateral information.
|
The practitioner was found guilty on count 2 and penalty
imposed was a fine of R2500.00 wholly suspended for
three years on condition that the accused is not found
guilty of a similar offence during the period of
suspension.
|
Johannesburg
|
|
Dr K Mahara
MP 0520012/2007/19 |
THAT
you are guilty of unprofessional conduct or conduct
which when due regard is had to your profession is
unprofessional, in that on or about the 19th
August 2006 and at the Johannesburg General Hospital you
cast reflections on the professional reputation /or
skill of your Colleague and in doing so, you:-
1.1 contravened Rule 12 of the Ethical Rules of
Conduct for the practitioners registered
under the Health Professions Act (No. 56 of
1974) as published under GG. No.R 717 of 04 August
2006
|
Accused found guilty of unprofessional conduct and as
penalty the Committee resolved that she be cautioned and
reprimanded.
|
Pretoria |
|
Ms TTF Mdzinwa
PT 0069671/2007/675 |
That you are guilty of unprofessional conduct, or
conduct which, when regard is had to your profession, is
unprofessional in that during March and/or your practice
rendered or caused or permitted to be rendered or failed
to take reasonable steps to prevent from being rendered,
a statement of account (copy of which is annexed hereto
marked “A”) whilst:
1. you charged for professional fees to which
you were not entitled to; and/or
2. the contents of your Statement of Account
were false or not accurate; and/or
3. the Statement of Account was drafted in such
a manner as to cause financial prejudice or
potential prejudice to the person responsible for the
settlement of the account and/or Medshield Medical
Aid Scheme.
|
The accused opted to pay admission of guilt fine of
R5000.00 without appearing for the inquiry. |
Pretoria |
|
| |
| |
|
|
| |
|
FINALISED MATTERS: 2008
January
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr N A Saley
DP 0054682/2005/430 |
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 November 2004 to 2005 in relation to your
patient you neglected and/or failed to keep and/or record
proper clinical notes and/or records.
|
Found guilty of unprofessional conduct on count 2 and the
penalty imposed was to pay a fine of R5000.00. |
PRETORIA |
|
Dr D B Fernandes
MP 0112992/2005/1130 |
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 2005 you and/or your practice
caused and/or permitted to be published and/or failed to
take all such steps as were necessary to prevent from being
published a newspaper article in the Sunday Tribune that is
in contravention of Health Professions Council of South
Africa rules on advertising.
|
Accused elected to pay admission of guilt fine of R5000.00
without appearing at the inquiry. |
CAPE TOWN |
|
Mr S Munsamy
GTS 0021377/2006/1098 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 12 October 2005 whilst sitting for the
Chemical Pathology examination paper conducted by the
Society of Medical and Laboratory Technologists of South
Africa on behalf of the Medical Technicians and Medical
Technologists Professional Board you contravened examination
rule 2 and 3 (copy attached herein marked annexure “A”).
|
Accused elected to pay admission of guilt fine of R2000.00
without appearing at the inquiry. |
DURBAN |
|
Ms A-M Rencken-Wentzel
PS 0014710/2006/1278 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about 2006 you and/or your practice
reconsidered and/or revisited a forensic psychological
report drawn up in 1996, in relation to your patient and
added and/or changed significant psychological clinical
comments without conducting a fresh psychological evaluation
and/or assessment on your patient.
|
Found guilty and penalty imposed was an effective suspension
from practice for a period of twelve months. An appeal
against the sentence was noted and Ms Rencken-Wentzel may
continue practicing as a psychologist pending the outcome of
the appeal.
|
PRETORIA |
|
Dr C M Tjale
MP 03142770/2007/65 |
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 21 July 1999, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “A”) whilst:-
1.1 such professional services was/were not rendered at
all to your patient; and/or
1.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
1.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
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 06 March 2000, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “B”) whilst:-
2.1 such professional services was/were not rendered at
all to your patient; and/or
2.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
2.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
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 12 June 2001, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “C”) whilst:-
3.1 such professional services was/were not rendered at
all to your patient; and/or
3.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
3.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
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 18 June 2001, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of
account to Medihelp for professional services allegedly
rendered (a copy of which is attached hereto marked “D”)
whilst:-
4.1 such professional services was/were not rendered at
all to your patient; and/or
4.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
4.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
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 20 August 2001, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “E”) whilst:-
5.1 such professional services was/were not rendered at
all to your patient; and/or
5.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
5.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 6
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 14 December 2001, in respect of your
patient you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “F”) whilst:-
6.1 such professional services was/were not rendered at
all to your patient; and/or
6.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
6.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 7
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 02 April 2002, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “G”) whilst:-
7.1 such professional services was/were not rendered at
all to your patient; and/or
7.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
7.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 8
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 21 July 1999, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “H”) whilst:-
8.1 such professional services was/were not rendered at
all to your patient; and/or
8.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
8.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 9
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 05 March 2004, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “I”) whilst:-
9.1 such professional services was/were not rendered at
all to your patient; and/or
9.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
9.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 10
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 12 September 2003, in respect of your
patient you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “J”) whilst:-
10.1 such professional services was/were not rendered at
all to your patient; and/or
10.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
10.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 11
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 05 September 2003, in respect of your
patient you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “K”) whilst:-
11.1 such professional services was/were not rendered at
all to your patient; and/or
11.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
11.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 12
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 22 June 2004, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “L”) whilst:-
12.1 such professional services was/were not rendered at
all to your patient; and/or
12.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
12.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 13
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 20 June 2004, in respect of your patient
you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “M”) whilst:-
13.1 such professional services was/were not rendered at
all to your patient; and/or
13.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
13.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
COUNT 14
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 15 February 2002, in respect of your
patient you and/or your practice rendered or permitted to be
rendered a statement of account to Medihelp for professional
services allegedly rendered (a copy of which is attached
hereto marked “N”) whilst:-
15.1 such professional services was/were not rendered at
all to your patient; and/or
15.2 your and/or your practice was/were not entitled to
any of the amount specified in the said statement of
account; and
15.3 as a result of your misrepresentation your patient
and/or Medihelp suffered financial loss and/or potential
prejudice.
|
Accused elected to pay admission of guilt fine of R10000.00
without appearing at the inquiry. |
PRETORIA |
|
Dr S Rugunanan
MP 0493368/2007/526 |
THAT
you are guilty of unprofessional conduct, or conduct which
when regard is had to your profession is unprofessional in
that:
1. On the 23 March 2007 and in respect of your
patient you repeated a prescription of cozole which had
previously caused an allergic reaction in your patient;
and/or
2. On the 26 March 2007 you failed to notice in your
patient the symptoms that were caused by the allergy
|
Accused elected to pay admission of guilt fine of R10 000.00
without appearing at the inquiry. |
JOHANNESBURG |
|
Dr M P Teffo
MP 0413186/2007/542 |
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession is unprofessional in
that upon or about 23 April 2007 at the Germiston Regional
Court you were found guilty on 9 (nine) counts of fraud and
10 (ten) counts of contravening section 18 (2)(a) of the
Riotous Assemblies Act 17 of 1956 (i.e. conspiracy to aid or
procure the commission of the offence of fraud) and you were
sentenced to 5 (five) years. |
Found guilty. Penalty imposed (a) suspended from private
practice for one year (b) he may only practice his
profession at a public hospital or clinic under supervision
and (c) he must complete a course in Medical Ethics and
submit proof thereof the Board.
|
PRETORIA |
|
Dr S J D Nel
DP 0039195/2007/828 |
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession is unprofessional in
that during May 2007 in respect of your patient, you and
your practice acted in a manner that is not in accordance
with the norms and standards of your profession in that you
and/or your practice rendered or caused or permitted to be
rendered, statements of account in respect of alleged
professional services rendered by you on your practice
whilst:
1. the statements of accounts were incorrect and/or
false in that you did not render one or more of the said
professional services; and/or
2. the statements of accounts were rendered or
drafted in such a manner as did or could have or was
calculated to cause financial prejudice or potential
prejudice to your patient or Bestmed Medical Scheme.
|
Accused elected to pay admission of guilt fine of R6000.00
without appearing at the inquiry. |
PRETORIA |
|
Dr P C G Moosa
MP 0547581/2007/867 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which
when due regard is had to your profession is improper and/or
disgraceful, in that during the year 2007 in respect of your
patient, you and/or your practice submitted to the
Spectramed Medical Aid Scheme fraudulent claims in respect
of which you and/or your practice claimed for medicines
[listed in Annexure “E.1”herein] allegedly dispensed
to your patient in March 2007, whereas in truth and fact you
did not dispense such medicines to your patient, and as the
result thereof you:
1.1.
caused actual and/or potential
financial prejudice to your patient and/or Spectramed
Medical Aid Scheme; and/or
1.2.
brought the standard of honour of
your profession into disrepute.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which
when due regard is had to your profession is improper and/or
disgraceful, in that during the year 2007 in respect of
your patient, you and/or your practice submitted to
Discovery Health Medical Aid Scheme fraudulent claims in
respect of which you and/or your practice claimed for
medicines [listed in Annexure “E.2” herein] allegedly
dispensed to your patient in March 2007, whereas in truth
and fact you did not dispense such medicines to your
patient, and as the result thereof you:
1.3.
caused actual and/or potential
financial prejudice to your patient and/or Discovery Health
Medical Aid Scheme; and/or
1.4.
brought the standard of honour of
your profession into disrepute.
|
Found guilty and penalty was three months suspension from
practicing his profession but that the operation thereof be
suspended for a period of three years provided he was not
found guilty of a similar offence during this period. |
DURBAN |
February
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr K Salumu
MP 0405736/698/2003 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 8 July 2001 at the Arwyp Medical Centre and
in respect of your patient who had been involved in a
motorcycle accident, you –
(i) failed or neglected to obtain your patient’s
blood gas values in circumstances where it had been
indicated; and/or
(ii) failed or neglected to institute a monitoring
protocol in order to ensure continuity of care of your
patient until such time that he was referred to the
orthopaedic surgeon concerned.
|
Found guilty, penalty was suspension from practicing his
profession for a period of three months but that the
operation thereof be suspended for three years provided that
he was not found guilty of any offence during this period. |
Johannesburg |
|
Dr AJ Dybala
MP 0241393/698/2003 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 8 July 2001 at the Arwyp Medical Centre and
in respect of your patient who had been involved in a
motorcycle accident, you –
(i) failed or neglected to adequately assess your
patient pre-operatively;
|
Found guilty, penalty was a caution and reprimand and that
he should, before the end of 2008 submit proof to the
Registrar that he had successfully completed a recognized
ATLS course. |
Johannesburg |
|
Mr R Flindt
ANA 0083534/2005/223 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about February 2005, in respect of your
patient, you failed and/or neglected to transport the
patient to hospital, even though you had a professional duty
to do so.
|
Accused was convicted of unprofessional conduct and the
penalty was caution and reprimand. |
Johannesburg |
|
Ms CS Du Plessis
PS 0017302/2006/118 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during August 2006 and in respect of your patient you
compiled psychological reports whilst you:-
1. transgressed Rule 68 of the Rules of Conduct of
the Professional Board of Psychology by marking findings and
recommendation regarding the case of Anderson versus
Anderson without ever having interviewed Mr Stephen Anderson
and/or addressing the allegations made against him by your
patient with him for response; and/or
3. transgressed Rule 15 of the Rules of Conduct of
the Professional Board of Psychology by not obtaining
objective information from your patient as well as
collateral information (from a medical practitioner
regarding the physical trauma) before making the statement
in your report “he had been traumatized on a mental,
emotional as well as physical level” when referring to
the visit of his father on 27 August 2006.
|
Accused was given twelve months suspension which was further
suspended for a period of two years on condition that
accused is not found guilty of unprofessional conduct. |
Durban |
|
Dr MR Woudstra
PS 0035351/2006/1309 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during August 2005 in respect of your patient you
compiled a report and made recommendations pertaining to
custody and access rights without having consulted both
parents;
|
Accused opted to pay admission of guilt fine of R2500.00
without attending an inquiry. |
Pretoria |
|
Ms C Erasmus
PS 0012718/2007/22 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about November 2005 and in respect of your
patient you compiled a psychological report whilst:-
1. you failed to advise of your terms and purpose in
compiling the report and/or
2. you failed to indicate the limitations of your
interview and in particular the fact that you did not use
any psychometric tests in conjunction with your interview.
|
Accused opted to pay admission of guilt fine of R1500.00
without attending an inquiry. |
Pretoria |
|
Dr S Maharaj
MP 0487147/2007/34 |
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional in
that during August - September 2005 and in respect of your
patient you or your practice rendered or caused or permitted
to be rendered; and/or failed to take reasonable steps to
prevent from being rendered certain Statement of Account
(copy of which is annexed hereto marked ‘B’ whilst:-
2.1 your Statement of Account was incorrect,
alternatively false in that you claimed for medication that
was not dispensed to your patient; and/or;
2.2 you knew or ought to have known that your patient
only consulted you for an injection i.e. Testerone; and/or
2.3 your Statement of Account was drafted in such a
manner so as to cause financial prejudice or potential
prejudice to the medical scheme involved or your patient,
the person responsible for payment of the fees.
COUNT 3
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional in
that in or about January 2006 and in respect of your patient
you or your practice rendered or caused or permitted to be
rendered; and/or failed to take reasonable steps to prevent
from being rendered certain Statement of Account (copy of
which is annexed hereto marked ‘C’ whilst:-
3.1 your Statement of Account was incorrect,
alternatively false in that you claimed for medication that
was not dispensed to your patient; and/or;
3.2 you knew or ought to have known that less expensive
medication had been dispensed to your patient; and/or
3.3 your Statement of Account was drafted in such a
manner so as to cause financial prejudice or potential
prejudice to the medical scheme involved or your patient,
the person responsible for payment of the fees.
|
Accused is erased from the register for a period of five
years. |
Durban |
|
Dr LF Gordon
MP 0317560/2007/76 |
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 07 August 2006 you mismanaged your patient
by:-
1.1 failing to adequately plan for the operation or
operations.
1.2 failing to act in the patient’s best interest in
performing multiple elective medical procedures
simultaneously.
1.3 failing and/or neglecting to take into cognizance
that the patient was on cortisone which negatively affects
the healing process.
1.4 performing multiple surgical procedures in an
unregistered theatre unit.
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 08 August 2006 you post operatively
mismanaged your patient by:-
2.1 failing and/or neglecting to take such steps as
were necessary to prevent patient using unsterile clothing
garments immediately post operatively.
2.2 prematurely admitting the patient to an
inappropriate day clinic medical facility.
2.3 inappropriately and/or prematurely discharging her
to recover at home.
2.4 failing and/or neglecting to provide appropriate
and adequate post operative care.
2.5 failing and/or neglecting to give clear post
operative care instructions to the patient.
2.6 inappropriately giving an instruction and/or
failing to take such steps as were necessary to prevent
early removal of the sutures.
2.7 inappropriately delegating and/or failing to take
all such steps as were necessary to prevent post operative
management and/or decision making to a lesser qualified
nursing sister to wit Sandy Pillay.
|
Found guilty on count 1 and 2, penalty imposed was: A.
suspension from practice for one year wholly suspended for a
period of three years on condition that he may only work in
a state hospital or clinic under supervision for a period of
six months. B. thereafter a reputable plastic and
reconstructive surgeon is to report to the health committee
of the health professions council as to whether he is
competent to practice independently and privately. C. a
further conditions is that he is not convicted of
unprofessional conduct during the period of suspension. |
Isando |
|
Dr VVB Skiti
DP 0080454/2007/195 |
COUNT 1:
THAT
you are guilty of unprofessional conduct, or conduct which
when regard is had to your profession is unprofessional in
that during April 2006 in respect of your patient, you or
your practice acted in a manner that is not in accordance
with the norms and standards of your profession in that you
or your practice rendered or caused or permitted to be
rendered, statements of account in respect of alleged
professional services rendered by you on your practice
whilst:-
1.
the statements of accounts were
incorrect and/or false in that you did not render one or
more of the said professional services; and/or
2.
the statements of accounts were
rendered or drafted in such a manner to cause actual or
potential financial prejudice to your patient or Open Plan
Aid Medical Scheme.
COUNT 2:
THAT you are guilty of
unprofessional conduct, or conduct which when regard is had
to your profession is unprofessional in that during August
2006 in respect of your patient, you or your practice acted
in a manner that is not in accordance with the norms and
standards of your profession in that you or your practice
rendered or caused or permitted to be rendered, statements
of account in respect of alleged professional services
rendered by you on your practice whilst:-
1.
the statements of accounts were
incorrect and/or false in that you did not render one or
more of the said professional services; and/or
2.
the statements of accounts were
rendered or drafted in such a manner to cause actual or
potential financial prejudice to your patient or Bankmed
Medical Aid Scheme.
COUNT 3:
THAT
you are guilty of unprofessional conduct, or conduct which
when regard is had to your profession is unprofessional in
that during October 2006 in respect of your patient, you or
your practice acted in a manner that is not in accordance
with the norms and standards of your profession in that you
or your practice rendered or caused or permitted to be
rendered, statements of account in respect of alleged
professional services rendered by you on your practice
whilst:-
1.
the statements of accounts were
incorrect and/or false in that you did not render one or
more of the said professional services; and/or
2.
the statements of accounts were
rendered or drafted in such a manner to cause actual or
potential financial prejudice to your patient or Polmed
Medical Aid Scheme.
COUNT 4:
THAT
you are guilty of unprofessional conduct, or conduct which
when regard is had to your profession is unprofessional in
that during October 2006 in respect of your patient, you or
your practice acted in a manner that is not in accordance
with the norms and standards of your profession in that you
or your practice rendered or caused or permitted to be
rendered, statements of account in respect of alleged
professional services rendered by you on your practice
whilst:-
1.
the statements of accounts were
incorrect and/or false in that you did not render one or
more of the said professional services; and/or
2.
the statements of accounts were
rendered or drafted in such a manner to cause actual or
potential financial prejudice to your patient or Polmed
Medical Aid Scheme.
CHARGE 5:
THAT
you are guilty of unprofessional conduct, or conduct which
when regard is had to your profession is unprofessional in
that during January 2006 in respect of your patient, you or
your practice acted in a manner that is not in accordance
with the norms and standards of your profession in that you
or your practice rendered or caused or permitted to be
rendered, statements of account in respect of alleged
professional services rendered by you on your practice
whilst:-
1.
the statements of accounts were
incorrect and/or false in that you did not render one or
more of the said professional services; and/or
2.
the statements of accounts were
rendered or drafted in such a manner to cause actual or
potential financial prejudice to your patient or Engen
Medical Benefit Scheme.
|
Accused found guilty on all counts. Penalty: four years
suspension from the register. Three years suspended for five
years on condition that she is not convicted of
unprofessional conduct during the period of suspension. |
Cape Town |
|
Ms J Broodryk
OT 0065951/2007/303 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during October 2006 in respect of your patient you
acted in a manner that was not in accordance with the norms
and standards of your profession in that:
(i) you submitted a prejudicial report to Alexander
Forbes Financial Services; and/or
(ii) you fraudulently submitted a report to Alexander
Forbes Financial Services, whilst you know and/or ought to
have known that same was not compiled by you; and/or
(iii) you failed to evaluate and compile a report as
requested by Alexander Forbes Financial Services.
|
Accused convicted on all counts. Penalty imposed: six months
suspension, suspended for twelve months on two conditions
(i) that she is not found guilty of similar offence during
the period of suspension; and (ii) that she must reimburse
the complainant with two months. |
Arcadia
|
|
Dr JV Selcedo Loza
MP 0282103/2007484 |
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 September 2005 and April
2007, you acted in a manner that is not in accordance with
the standards of your profession in that you dispensed
medicines to your patients whilst you were not a holder of a
licence as contemplated in Section 22C (1) (a) of the
Medicines and Related Substances Act 101 of 1965.
|
Paid admission of guilt fine of R10000.00 without appearing
at inquiry. |
Port Elizabeth |
|
Mr M Mlisana
TT 0000450/2007/504 |
THAT
you, a registered dental therapist, are guilty of
unprofessional conduct or conduct which when regard is had
to your professional, in that during the period 2004 – 2005
(or portions thereof) and in respect of your patient you
and/or your practice rendered Statements of Accounts for
professional services allegedly rendered to your patients
whilst you -
1. fraudulently charged a sum of R24, 310 - 22
in respect of dental work to which you were not entitled;
and/or
2. fraudulently submitted your claims under the
name(s) of Dr K Lekalakala, Dr SH Sive and/or Dr LD
Mkhuthulwa, former dental partners in a group practice;
3. fraudulently charged a sum of R29, 439 – 82
in respect of fissure sealants, x-rays and/or fluoride
treatments, which services were never rendered to your
patients.
4. by your aforesaid action(s) caused financial
prejudice to the medical aid scheme concerned.
|
Paid admission of guilt fine of R5000.00 without appearing
at inquiry. |
East London |
|
Dr CJG Coe
DP 0016608/2007/785 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional in
that on the 4 April 2007 and in respect of your patient you
treated your patient in a negligent or unacceptable manner
in that you:-
1.1 treated your patient’s mouth without wearing
surgical gloves, and/or;
1.2 after pricking your hand made the offensive remark
that “you hoped that your patient did not have Aids”.
|
Paid admission of guilt fine of R6000.00 without appearing
at inquiry. |
Durban |
|
Dr Y Mahomed
MP 0326224/2007/866 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during March 2007 you and/or your practice rendered a
statement of account (a copy of which is annexed hereto
marked “A”) to Discovery Health Medical Scheme in respect of
professional services rendered to your patient whilst:
1.1
the contents of the statement of
account were in some respect false and/or inaccurate; and/or
1.2
the statement of account was drafted
in such a manner as to cause financial prejudice to your
patient and/or Discovery Health Medical Scheme in that the
said patient and/or scheme was/were requested to pay out
amounts which were not due.
1.3
you charged professional fees in
respect of the dependent of your patient to which you were
not entitled.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during March 2007 you and/or your practice you rendered
a statement of account (a copy of which is annexed hereto
marked “B”) to Discovery Health Medical Scheme in respect of
your patient whilst”
2.1
the contents of the statement of
account were in some respect false and/or inaccurate; and/or
2.2
the statement of account was drafted
in such a manner as to cause financial prejudice or
potential prejudice to your patient and/or Discovery Health
Medical Scheme in that the said patient and/or scheme
was/were requested to pay out amounts which were not due.
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 27th March 2007 in respect
of your patient you acted in a manner that was not in
accordance with the norms and standards of your profession
in that:
3.1
you fraudulently supplied R100.00
cash to your patient in lieu of medical benefits.
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 the 27th March 2007 in respect
of your patient you acted in a manner that was not in
accordance with the norms and standards of your profession
in that:
4.1 you
fraudulently supplied R100.00 cash to your patient in
lieu of medical benefits.
|
Accused was convicted on all four counts. Penalty imposed
was removal from the register of practitioners for a period
of three years. |
Westville |
March
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Mr W Shiba
TT 0004693/2002/90 |
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional in
that during or about January 2002 at or near Witbank you
issued a prescription on your letterhead (a copy of which is
enclosed, marked “A”) and/or allowed the issue of a
prescription on the aforesaid letterhead and/or failed to
take all reasonable steps to prevent the issue of the
prescription on the aforesaid letter, whilst:-
1.
the contents thereof were false,
misleading and/or incorrect; and/or
2.
you did not receive any formal
training or qualification as a Dental Surgeon; and/or
3.
you canvassed and touted for
patients by your aforesaid action and/or omission.
4.
you issued a prescription in
contravention of the medicines and Related Substances
Control Act No. 101 of 1995.
|
The accused was found guilty of unprofessional conduct; the
penalty imposed was a fine of R10000.00, half of which was
suspended for three years on condition that he is not
convicted of a similar offence during the period of
suspension. |
Pretoria |
|
Ms NE Samsondien
PT 0033049/2005/693 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 April 2005 you and/or your practice, in
relation to your patient, performed physiotherapy services
without the patient’s informed consent.
|
Found guilty and the penalty imposed was a caution and
reprimand. |
Cape Town |
|
Ms CJ Hartshorne
PS 0073512/2005/981 |
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession, is unprofessional in
that during 2004 AND IN RESPECT of your patient, you
compiled a psychological report (copy annexed and marked
“A”) whilst you:
1.
you transgressed Rule 3(1) of the
Rules of Conduct of the Professional Board for Psychology by
conducting an investigation of sexual abuse while you
yourself admit that you do not have the necessary competency
in this field; and/or
2.
you transgressed Rule 44(3) of the
Rules of Conduct of the Professional Board for Psychology by
not basing your findings with regard to the alleged sexual
abuse of your patient on information and techniques
sufficient to substantiate your findings; and/or
4. you transgressed Rule 71(2) of the Rules of Conduct
of the Professional Board for Psychology by performing
multiple and potentially conflicting roles in psycho-legal
matters;
|
The accused pleaded guilty to paragraphs 1,2 & 4 of the
charge and was found guilty as pleaded.
The accused was suspended for two years but the suspension
was further suspended for a period of three years on
condition that accused is not found guilty of any
unprofessional conduct during the period of suspension. |
Durban |
|
Dr J Vermaak
MP 0317470/2006/129
MP 0317470/2006/254
MP 0317470/2006/697
MP 0317470/2006/410
MP 0317470/2006/568
MP 0317470/2006/391 |
Count 1
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession, is unprofessional in
that on the 13 july 2005 and in respect of your patient,
you performed a mastopexy operation-
1.1 in a manner that was incompetent and/or
negligent and/or which does not conform to generally
accepted norms and standards of medical practice in that:
1.1.1 the left breast is much bigger and a few
centimeters lower than the right breast;
1.1.2 the left nipple points to the left and is lower
than the right nipple
1.1.3 both breasts have very uneven scars that are in
some places 2cm wide
1.1.4 the cut under the left breast was not done on the
crease and has resulted in the scar being higher on the
right side than the left side
1.1.5 the length and directions of the scars are
completely different on both breasts
1.1.6 since the operation the patient has developed
ugly skin folds under both breasts;
1.2 post-operatively you failed or neglected to
examine your patient before her discharge; and/or
1.3 on the 19 July 2005 you did not see or examine
your patient when she came for the removal of plasters and
drains but delegated the duty to a nursing assistant; and/or
1.4 in the post-operative phase when you were
informed that your patient’s wounds had ruptured and/or were
septic you-
1.4.1 failed to address these complications
appropriately and/or
1.4.2 failed to personally evaluate the condition of
your patient and/or
1.4.3 advised your patient telephonically to see a
general practitioner for treatment and/or
1.4.4 failed to refer your patient to a specialist
surgeon for evaluation and/or treatment.
Count 2
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession, is unprofessional in
that on the 5 November 2004 you performed a mastopexy with
prostheses in respect of your patient whilst-
2.1 the operation was performed in a manner that was
incompetent and/or negligent and/or which does not conform
to generally accepted norms and standards of medical
practice; and has resulted in disfigurement or scarring of
your patient’s breasts; and/or
2.2 you discharged your patient from hospital on 6
November 2004 on non-medical grounds and/or when such
discharge was not in the best interests of your patient;
and/or
2.3 you discharged your patient from hospital with
all the portovac drains in situ and whilst no acceptable
arrangements were made for the post-operative care of your
patient; and/or
2.4 in the post-operative phase when your patient’s
wounds ruptured and/or became septic you-
2.4.1 failed to address these post-operative
complications appropriately in that –
2.4.2 you resutured the reptured wounds without
considering the underlying causes; and/or
2.4.3 you did not remove the implants and debride the
affected areas; and/or
2.4.4 you put your patient on antibiotics for unduly
lengthy period of time; and/or
2.4.5 you failed to refer your patient to a specialist
plastic surgeon for evaluation and/or treatment
Count 4
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession, is unprofessional in
that on the 30 September 2005 and in respect of your patient
you performed a mastopexy with prostheses whilst-
4.1 you failed to explain to your patient the nature,
extent and risks of possible compications associated with
such an operation; and/or
4.2 the operation was performed in a manner that was
incompetent and/or negligent and/or which does not confirm
to generally accepted norms and standards of medical
practice in that you cut through the pedicle of the right
breast resulting in loss of sensation to the nipple; and/or
4.3 you failed to provide adequate post-operative care to
your patient but instead gave her a leaflet detailing how to
remove drains and plasters; and/or
4.4 on the 20 October 2005 and 6 November 2005
respectively when your patient presented with post-operative
complications you failed to address these complications
appropriately or at all.
Count 5
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession, is unprofessional in
that during or about November 2005 until January 2006 at
Hoogland Medi-Clinic, Bethlehem and in respect of your
patient, you -
5,1 performed acts pertaining to the scope of a plastic
and reconstructive surgeion whilst you had obtained
insufficient training in this regard; and/or
5.2 pre-operatively failed or neglected to adequately
and/or sufficiently consult with your patient; and/or
5.3 contrary to the instructions by your patient that due
to ptosis she wished a brest lift only without an increase
or decrease in the size thereof; you performed a bilateral
mastopexy and placed prostheses in both breasts which are
contra-indicated or not indicated or not in the best
interest of your patient; and/or
5.4 intra-operatively whilst performing a breast
augmentation with mastopexy on your patient you failed or
neglected to respect and conserve blood supply to her
breasts resulting in the development of necrosis in her
right and/or left breasts; and/or
5.5 post-operatively failed or neglected to examine your
patient before her discharge; and/or
5.6 failed or neglected to appreciate the seriousness or
your patient’s condition when you were informed by Dr CR
Brink that he had been of the opinion that her right breast
was not receiving sufficient blood supply; and/or
5.7 failed or neglected to immediately, or as soon as it
was indicated, perform a debridement once you have
discovered the necrosis of tissue in your patient’s right
breast; and/or
5.8 failed or neglected to observe the standard of care in
the situation by immediately putting on a skin graft on the
underlying tissue after performing a debridement of the dead
tissue in your patient’s right breast.
Count 6
THAT
you are guilty of unprofessional conduct, or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 25 July 2005 in respect of your patient,
you performed a mastopexy operation –
6.1 in a manner that was incompetent and/or which
does not conform to generally accepted norms and standards
of medical practice in that:
6.1.1 there was 5 x 3cm of skin loss below your
patient’s right nipple-areolar complex with exposed necrotic
fat in the bare;
6.1.2 the nipple-areolar complexes are different shapes
and sizes, and the left nipple is inverted and higher on the
breast;
6.1.3 the submammary fold on the right is significantly
higher than on the left and there is a marked scarring
between the nipples areolar complex and the submammary fole;
6.1.4 the areolar is oval rather than circular and
surrounded by subi-optimal scarring;
6.1.5 on the left the distance between the nipple and
the submammary fold is 10cm compared to 7.5cm on the right;
6.1.6 the areolar is smaller on the left than on the
right, and it is oval and not round;
6.1.7 the left nipple is inverted and points slightly
upwards.
6.2 post-operatively you failed and/or neglected to
examine your patient before her discharge; and/or
6.3 on the 14th September 2005 you failed
and/or neglected to give your patient specific instructions
on how to manage her wound; and/or
6.4 you failed and/or neglected to refer your
patient timeously to a specialist plastic surgeon for
evaluation and/or treatment and/or second opinion;
6.5 you failed and/or neglected to fully explain the
procedure and all possible complications to your patient,
during pre-operative consultation.
|
Found guilty. As penalty the committee resolved that a fine
of R10000.00 be imposed but that R5000.00 thereof be
suspended for three years provided that he was not found
guilty of any offence committed during this period.
|
Pretoria |
|
Dr NM Ndlovu
PS 0041017/2006/916 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during or
about July 2006 and in respect of your client you –
(i) failed or neglected to conduct a
professionally adequate examination of your client;
and/or
(ii) failed or neglected to issue a professionally
adequate report in respect of your client (a copy of the
said report is annexed hereto, marked “A”); and/or
and consequently contravened Rule 44 (2) and
(3) of the Rules of Conduct pertaining to Psychology as
issued by the professional Board for Psychology (a copy is
annexed hereto, marked “B”).
|
Found guilty and as penalty the committee resolved that the
accused be suspended from practicing his profession for a
period of six months but that the operation thereof be
suspended for a period of two years on condition that he was
not found guilty of unprofessional conduct on a similar
offence committed during this period. |
Johannesburg |
|
Dr W Mthethwa
MP 0390135/2006/927 |
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 17
July 2006 you issued a medical certificate (a copy is
annexed hereto, marked “A”), in respect of your
patient whilst -
(i) the contents thereof were not true and correct
in all respects; and/or
(ii) the said certificate was misleading and/or
false; and/or
(iii) you knew or ought to have known that your
patient -
(a) was not ill; and/or
(b) was not unfit for work; and/or
(c) was not suffering from the illnesses
as specified on the certificate; and/or
(d) was not entitled to sick leave.
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 17
July 2006 and in respect of your patient, you -
(i) charged or attempted to recover professional
fees as indicated in the statement attached hereto, marked “B”,
to which you were not entitled; and/or
(ii) charged or attempted to recover the amount as
set out in the statement in respect of professional services
allegedly rendered by you whilst. In fact, the professional
service was not rendered by you.
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 17
July 2006 you issued a medical certificate (a copy is
annexed hereto, marked “C”), in respect of your
patient whilst -
(i) the contents thereof were not true and correct
in all respects; and/or
(ii) the said certificate was misleading and/or
false; and/or
(iii) you knew or ought to have known that your
patient -
(a) was not ill; and/or
(b) was not unfit for work; and/or
(c) was not suffering from the illnesses
as specified on the certificate; and/or
(d) was not entitled to sick leave.
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 17
July 2006 and in respect of your patient, you -
(i) charged or attempted to recover professional
fees as indicated in the statement attached hereto, marked “D”,
to which you were not entitled; and/or
(ii) charged or attempted to recover the amount as
set out in the statement in respect of professional services
allegedly rendered by you whilst. In fact, the professional
service was not rendered by you.
|
Accused paid an admission of guilt fine in the amount of
R4000.00. |
Durban |
|
Dr JH Heunis
MP 0124230/2007/102 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during the period 07 January 2007 to 16 January 2007 in
respect of your patient, you conducted yourself in a manner
that was not in accordance with the norms and standards of
medical profession in that you:
1.1
post operatively failed or neglected
to examine your patient before his discharge; and/or
1.2
on the 13th January 2007
did not see or examine your patient when he came in for
dressings and drains but delegated the duty to a nursing
assistant; and
1.3
in the post operative phase when
informed that your patient’s wounds were septic:
1.3.1 failed to personally evaluate the condition of
your patient; and/or
1.3.2 you plastered the wound without considering the
underlying causes;
1.3.3 you failed or neglected to refer your patient
timeously to a specialist surgeon for evaluation and/or
treatment and/or second opinion.
1.3.4 you failed or neglected to address the post
operative complications of your patient’s appropriately or
at all.
|
Accused paid an admission of guilt fine in the amount of
R2500.00. |
Johannesburg
|
|
Dr S Chetty
DP 0080403/2007/311 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about June 2004 and in respect your patient
you –
(i) in the treatment of your patient you reduced the
occlusal and incisal surfaces of her mandibular teeth in
order to accommodate an overlay denture resulting in
the loss of vitality of these teeth and/or abscess
formation; and/or
(ii) improvised a treatment plan which compromised
your patient’s dental health.
|
Found guilty and as penalty the committee resolved that the
accused be suspended from practicing his profession for a
period of one month but that the operation thereof be
suspended for twelve months on condition that he was not
found guilty of any offence during this period. |
Durban |
|
Dr J Du Plessis
MP 0124125/2007/752 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during the period May 2005 to February 2007 you acted
in a manner that was not in accordance with the norms and
standards of your profession in that:
(i) You issued medical certificates which did not
conform with the guidelines of the Health Professions
Council of South Africa, (a copy of which is annexed hereto
marked “A”).
|
Opted to pay an admission of guilt fine of R10000.00 in five
monthly installments. |
Cape Town |
|
Dr V Sewpersad
MP 0331961/2007/756 |
COUNT 10
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 June 2004 in respect of your patient you
and/or your practice rendered and/or caused to be rendered
and/or failed to take such steps as were necessary to
prevent from being rendered a statement of account (copy of
which is attached hereto marked “VS10”) whilst:-
10.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
10.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
10.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 11
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 July 2004 in respect of your patient you
and/or your practice rendered and/or caused to be rendered
and/or failed to take such steps as were necessary to
prevent from being rendered a statement of account (copy of
which is attached hereto marked “VS11”) whilst:-
11.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
11.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
11.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 12
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 August 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS12”) whilst:-
12.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
12.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
12.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 13
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 September 2004 in respect of your
patient you and/or your practice rendered and/or caused to
be rendered and/or failed to take such steps as were
necessary to prevent from being rendered a statement of
account (copy of which is attached hereto marked “VS13”)
whilst:-
13.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
13.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
13.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 14
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 October 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS14”) whilst:-
14.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
14.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
14.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 15
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 November 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS15”) whilst:-
15.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
15.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
15.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 16
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 December 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS16”) whilst:-
16.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
16.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
16.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 34
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 February 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS34”) whilst:-
34.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
34.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
34.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 35
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 March 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS35”) whilst:-
35.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
35.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
35.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 36
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 April 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS36”) whilst:-
36.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
36.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
36.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 37
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 May 2004 in respect of your patient you
and/or your practice rendered and/or caused to be rendered
and/or failed to take such steps as were necessary to
prevent from being rendered a statement of account (copy of
which is attached hereto marked “VS37”) whilst:-
37.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
37.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
37.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 38
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 June 2004 in respect of your patient you
and/or your practice rendered and/or caused to be rendered
and/or failed to take such steps as were necessary to
prevent from being rendered a statement of account (copy of
which is attached hereto marked “VS38”) whilst:-
38.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
38.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
38.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 39
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 June 2004 in respect of your patient you
and/or your practice rendered and/or caused to be rendered
and/or failed to take such steps as were necessary to
prevent from being rendered a statement of account (copy of
which is attached hereto marked “VS39”) whilst:-
39.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
39.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
39.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 40
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 August 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS40”) whilst:-
40.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
40.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
40.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 41
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 September 2004 in respect of your
patient you and/or your practice rendered and/or caused to
be rendered and/or failed to take such steps as were
necessary to prevent from being rendered a statement of
account (copy of which is attached hereto marked “VS41”)
whilst:-
41.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
41.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
41.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 42
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 October 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS42”) whilst:-
42.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
42.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
42.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 43
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 November 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS43”) whilst:-
43.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
43.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
43.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 44
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 December 2004 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS44”) whilst:-
44.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
44.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
44.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 45
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 January 2005 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS45”) whilst:-
45.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
45.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
45.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 46
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 February 2005 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS46”) whilst:-
46.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
46.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
46.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
COUNT 47
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 March 2005 in respect of your patient
you and/or your practice rendered and/or caused to be
rendered and/or failed to take such steps as were necessary
to prevent from being rendered a statement of account (copy
of which is attached hereto marked “VS47”) whilst:-
47.1 the contents of the statement were false, inaccurate
and/or misleading; and/or
47.2 you and/or your practice did not render one or more
and/or all of the professional service(s) mentioned in the
said statement; and/or
47.3 the said statement was compiled in such a manner as
to cause financial prejudice and/or potential prejudice to
the person(s) responsible for payment of the account and/or
the medical aid scheme concerned to wit Bonitas of fees to
which you and/or your practice were not entitled.
|
Accused was found guilty of unprofessional conduct and the
penalty imposed was a suspension from practice for six
months wholly suspended for three years on condition that he
is not convicted of a similar offence during the period of
suspension. |
Durban |
April
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr BE Offiong
MP 0422797/2005/835
|
That you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that during or about July
2005 you or your practice rendered or caused to be rendered
or permitted to be rendered or failed to take reasonable
steps to prevent from being rendered two Statements of
Account for medicines allegedly dispensed (copies attached
and marked “A” and “B”) whilst;
1.
One or more or all of the accounts were fraudulent,
alternatively incorrect or false in that you did not
dispense one or all of the medicines reflected on the said
Statements of Account but instead dispensed generic
medicines; and/or
2.
you charged or attempted to recover fees to which you
were not entitled; and/or
3.
the Statements of Account were drafted in such a
manner as to cause financial prejudice or potential
prejudice to the Medical Aid Scheme concerned.
|
Accused has paid admission of guilt fine of R10000.00
without appearing at the inquiry. |
|
|
Dr M Kaka
DP 0083127/2006/342 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 2005 (or portions thereof) you and/or your
practice mismanaged your patient by:
1.1 failing to diagnose, manage and treat patient
timeously and/or poor management resulting in delay
treatment for the patient.
|
Accused has paid admission of guilt fine of R6000.00 without
appearing at the inquiry. |
Johannesburg |
|
Dr A Froeling
MP 0373338/2006/574 |
That you are guilty of unprofessional conduct or conduct
which, when regard is had to your profession, is
unprofessional in that on or about 2005 you mismanaged your
patient by:-
1.1
failing and/or neglecting to
identify and protect the posterior tibial neurovascular
bundle and as a result:
1.1.1 severed the posterior tibial nerve. |
Accused found guilty of unprofessional conduct. Penalty:
suspended for three months and the suspension was wholly
suspended for a period of one year on condition that the
accused is not found guilty of unprofessional conduct during
the period of suspension. |
Pretoria |
May
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr RM Gololo
IN 0409359/2005/407
Dr T Madula
IN 0427012/2005/407 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 27 March 2005 at Tintswalo Hospital in
respect of your patient you failed and/or neglected or
refused to examine and/or treat the said patient in
circumstances of emergency.
|
Both accused were found guilty as charged and were sentenced
as follows: six months suspension from practice which is
wholly suspended for a period of three years on condition
that both accused are not found guilty of a similar charge
during the period of suspension.
|
Pretoria |
|
Dr ZM Shaik
MP 0349585/2007/432 |
That you are
guilty of unprofessional conduct or conduct which, when
regard is had to your profession, is unprofessional in that
on the 10 April 2007 and in respect of your patient you
treated your patient in a manner that was incompetent and/or
negligent and/or which does not conform to generally
accepted norms and standards of medical practice in that: -
2. after the initial treatment and when
the condition of your patient deteriorated you
–
2.1
failed to appreciate the seriousness of the
situation; and/or
2.3 managed the condition of your patient
inappropriately or inadequately.
|
Accused found guilty of count 2.1 as well as count 2.3.
Penalty: suspension for 5 years on condition that he is no
found guilty of any offence during the period of suspension.
Accused ordered to pay costs of the inquiry. |
Durban |
June
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr EGH Peer
MP 0253995/2005/1006 |
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 20 October 2004, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto marked “A”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 20 October 2004, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “A”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
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 23 February 2005, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “B”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 23 February 2005, you and/or your practice
completed and/or signed
and/or issued a medical certificate (copy of which is
attached hereto, marked “B”) in respect of your patient that
does not comply with the Health Professions Council of South
Africa’s ethical rules for the issuing of medical
certificates.
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 04 March 2005, you allowed an unregistered
person to have access, complete, sign and/or issue a medical
certificate (copy of which is attached hereto, marked “C”)
in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 04 March 2005, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “C”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
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 06 January 2006, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “D”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 06 January 2006, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “D”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
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 28 September 2004, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “E”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 28 September 2004, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “E”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
COUNT 6
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 28 October 2004, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “F”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 28 October 2004, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “F”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
COUNT 7
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 09 September 2005, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “G”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 09 September 2005, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “G”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
COUNT 8
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 29 November 2005, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “H”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 29 November 2005, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “H”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
COUNT 9
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 08 December 2004, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “I”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 08 December 2004, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “I”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa ethical rules for the
issuing of medical certificates.
COUNT 10
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 15 November 2005, you allowed an
unregistered person to have access, complete, sign and/or
issue a medical certificate (copy of which is attached
hereto, marked “J”) in respect of your patient.
ALTERNATIVELY
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 15 November 2005, you and/or your practice
completed and/or signed and/or issued a medical certificate
(copy of which is attached hereto, marked “J”) in respect of
your patient that does not comply with the Health
Professions Council of South Africa’s ethical rules for the
issuing of medical certificates.
|
Accused elected to pay admission of guilt fine of R10000.00
without appearing at the inquiry.
|
Johannesburg |
|
Dr DTM Nalumango
MP 0478075/2006/329 |
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 10 September 2005 (or portion thereof) in
respect of your patient you and/or your practice rendered
and/or caused to be rendered and/or failed to take all such
steps as were necessary to prevent from being rendered
claims:
1.1 the contents
of which were false inaccurate and/or
misleading, or
1.2 you and/or your practice did not render one or
more or all of the professional services claimed for in the
said statement and/or
The said claims were compiled in such a manner as to cause
financial prejudice and/or potential prejudice to the
person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Bankmed in respect of
fees to which you were not entitled
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 03 August 2005 (or portion thereof) in
respect of your patient you and/or your practice rendered
and/or caused to be rendered and/or failed to take all such
steps as were necessary to prevent from being rendered
claims:
2.1 the contents
of which were false inaccurate and/or
misleading, or
2.2 you and/or your practice did not render one or
more or all of the professional services claimed for in the
said statement and/or
The said claims were compiled in such a manner as to cause
financial prejudice and/or potential prejudice to the
person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Bankmed in respect of
fees to which you were not entitled
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 2005 (or portion thereof) in respect of
your patient your practice rendered and/or caused to be
rendered and/or failed to take all such steps as were
necessary to prevent from being rendered claims:
3.1 the contents
of which were false inaccurate and/or
misleading, and/or
3.2 you and/or your practice did not render one or
more or all of the professional services claimed for in the
said statement and/or
The said claims were compiled in such a manner as to cause
financial prejudice and/or potential prejudice to the
person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Bankmed in respect of
fees to which you were not entitled.
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 2005 (or portion thereof) in respect of
your patient your practice rendered and/or caused to be
rendered and/or failed to take all such steps as were
necessary to prevent from being rendered claims:
4.1 the contents
of which were false inaccurate and/or
misleading, and/or
4.2 you and/or your practice did not render one or
more or all of the professional services claimed for in the
said statement and/or
The said claims were compiled in such a manner as to cause
financial prejudice and/or potential prejudice to the
person(s) responsible for payment of the account and/or
medical aid scheme concerned to wit Metropolitan Health
Group in respect of fees to which you were not entitled.
|
Accused pleaded guilty to four counts. The following penalty
was imposed:
Count 1-3: twelve months suspension from private practice.
Accused may only practice his profession in a public
hospital under supervision during the period of suspension.
Count 4: a fine of R10000.00 was imposed.
|
Johannesburg |
|
Dr O Omonije
MP 0495107/2006/667 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during 2007 (or portions thereof) and in contravention
of your conditions of registration (which restricted your
work to the public sector) you: -
1. engaged in private practice and issued a sick
certificate to a patient (copy enclosed marked “A”); and/or
2. issued the aforesaid certificate under Practice
Number PR NO: 0127116, which practice number does not belong
to you.
|
Accused was found guilty and the committee ordered his name
to be removed from the register of medical practitioners.
The committee further instructed that the Registrar be
notified of the following concerns:
-
the accused must be traced and
notified of the erasure of his name from the register
-
Dr Soogun, whose practice number has
been fraudulently used by the accused, must be investigated
and if applicable be charged accordingly
-
Other doctors involved in
Renaissance Health Centre must be similarly investigated,
and if applicable be charged for employing a doctor with
limited registration
-
The HPCSA must notify the Board of
Healthcare Funders that the accused has fraudulently used
another colleague’s practice number.
|
Cape Town |
|
Dr JCA van Niekerk
PS 0022608/2006/1179 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that during the year 2006 or (portions thereof) in respect
of your clients you practiced outside or beyond the scope
and/or category of the profession in which you are
registered for by:
1.2
misrepresenting your professional
qualifications in that:
1.2.1 you did not state your registration category as
Educational Psychologist on your name board and/or your
letterhead and/or the statement of account .
|
Accused found guilty on count 1.2-1.2.1 and was sentenced to
caution and reprimand. |
Cape Town |
|
Dr AMH Grave
DP 0019470/2007/25A |
THAT
you are guilty of
unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that
during the year 2004 to 2005, in respect of your patient
you:-
1.
treated and/or managed your patient
unprofessionally and/or not in accordance with acceptable
norms and standards of prosthodontic care.
|
Accused pleaded guilty to the charge and was sentenced to
pay a fine of R10000.00. |
Durban |
|
Dr JJ Grobbelaar
MP 0085308/2007/301 |
THAT
you are guilty of unprofessional conduct or conduct which,
when due regard is had to your profession is improper and/or
disgraceful, in that during or about January and February
2007 and/or portions /or parts thereof in respect of your
patient you prescribed Warfin and did not subsequently
monitor and/or control its side effects:-
|
Accused pleaded guilty as per the charge sheet and was
sentenced to three months suspension from practice which is
wholly suspended for a period of three years on condition
that he is not found guilty of a similar offence during the
period of suspension. |
|
|
Dr JF Greyling
MP 0558532/2007/767 |
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 4 January 2007 at the Casualty Department
of Kimberley Curomed and in respect of your patient you –
ALTERNATIVE to par (a)
(a) prescribed Clopamon 5ml tds p.o. x5/7 to your
patient which had been an unacceptable high dosage when
regard is had to his age, being 8 months; and/or
(b) failed or neglected to inform your patient’s
mother of the possible side-effects of the Clopamon
medication.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about January 2007 you practised
independently as a practitioner in a private institution,
namely Kimberly Curamed (Medi-Clinic), whilst being
registered with the Council as a medical practitioner in the
category Public Service (Community Service).
|
Accused elected to pay admission of guilt fine of R4000.00
in respect of;
Count 1: the alternative to par (a) as well as par (b); and
Count 2 as charged
|
Bloemfontein
|
|
Dr NT Mlisana
MP 0277568/2007/864 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on 17 May 2007 you and/or your practice rendered a
statement of account (a copy of which is annexed hereto
marked “A”) to Discovery Health Medical Scheme in respect of
professional services rendered to your patient whilst:
1.1
the contents of the statement of
account were in some respect false and/or inaccurate; and/or
1.2
the statement of account was drafted
in such a manner as to cause financial prejudice to your
patient and/or Discovery Health Medical Scheme in that the
said patient and/or scheme was/were requested to pay out
amounts which were not due.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on 17 May 2007 you and/or your practice you rendered a
statement of account (a copy of which is annexed hereto
marked “B”) to Discovery Health Medical Scheme in respect of
your patient whilst”
2.1
the contents of the statement of account were in some
respect false and/or inaccurate; and/or
2.2
the statement of account was drafted in such a manner as to
cause financial prejudice or potential prejudice to your
patient and/or Discovery Health Medical Scheme in that the
said patient and/or scheme was/were requested to pay out
amounts which were not due.
|
Accused was found guilty on the strength of her plea of
guilty. She was sanctioned as follows: six months
suspension, suspended for three years on condition that the
accused is not found guilty of offence where dishonesty is
an element. |
Durban |
|
Dr SP Grobler
MP 0245968/395/2007 |
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 26
March 2007 and/or 4 April 2007 at the Universitas Private
Hospital, Bloemfontein and in respect of your patient, you
used words and/or phrases of a degrading and/or derogative
nature which damaged or could have damaged the dignity 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 or
about April 2007 until March 2008 you failed or neglected to
respond to correspondence and/or instructions from the
Council and/or the Medical and Dental Professions Board
and/or of an official of the Council within the stipulated
time frames after you had been requested, in terms of the
relevant regulations, to submit an explanation in respect of
a letter of complaint dated 5 April 2007 received from your
patient and thereby you contravened Rule 20(a) of the
ethical rules of conduct for practitioners registered under
the Health Professions Act, 1974 (a copy of the relevant
rule is annexed hereto, marked “A”).
|
Accused paid admission of guilt fine of R10000.00. |
Bloemfontein
|
July
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr K Ofori-Amanfo
MP 0409308/847/2007 |
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 1st June
2007 in respect of your patient you issued a Medical
Certificate (annexure hereto marked “A”) without seeing
and/or examining your patient.
|
Opted to pay admission of guilt fine of R10 000.00 without
appearing at the inquiry. |
|
|
Mr JM Tshoma
BAA 0281565/236/2006 |
That you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that on or about 05
December 2005 you acted in a manner that was not in
accordance with the norms and standards of your profession
in that:- (i) you failed to act timeously, when you
were called upon;
(ii) you failed and/or neglected to
ensure that the ambulance was adequately resourced.
(iii) you failed and/or neglected to
administer treatment to the patient.
|
Accused was sentenced as follows: three months suspension,
suspended for twelve months on condition that he is not
found guilty of the similar offence during the period of
suspension.
|
Johannesburg |
|
Ms CF Ngobeni
PT 0073296/1392/2007 |
That you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that you used misleading
letterheads (Annexed hereto marked “A”) which read “Dr
Cornelia F Ngobeni” whilst you knew and/or ought to have
known that you are not a Doctor or are registered as such. |
Accused was sentenced as follows: three months suspension
suspended for twelve months on condition, she is not found
guilty of a similar offence during the period of suspension.
|
Pretoria |
|
Dr TN Govender
MP 0590789/900/2007 |
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 3
May 2007 you rendered an account /statement to your patient,
for services rendered during 6 to 12 March 2007 at Primed
Sub-Acute Hospital in Durban (a copy of the
account/statement is annexed hereto, marked “A”) which
account/statement is incorrect and/or
misleading.
COUNT 2
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during or
about August 2007 until May 2008 you failed or neglected to
respond to correspondence and/or instructions from the
Council and/or the Medical and Dental Professions Board
and/or of an official of the Council within the stipulated
time frames after you had been requested, in terms of the
relevant regulations, to submit an explanation in respect of
a letter of complaint dated 16 July 2007 received from your
patient and thereby you contravened Rule 20(a) of the
ethical rules of conduct for practitioners registered under
the Health Professions Act, 1974 (a copy of the relevant
rule is annexed hereto, marked “B”).
|
Penalty was caution and reprimand. |
Durban |
|
Dr ARAC Peer
MP 0309311/1148/2007 |
That you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that on or about 1 June
2007, in respect of your patient, you:-
1.
treated and/or managed your patient in a manner which
was not in accordance with accepted norms and standards of
medical practice in that you:-
1.1
failed and/or neglected to provide and/or make
provision to provide adequate emergency and follow-up care
after performing a surgical procedure on the patient; and/or
1.2
failed and/or neglected to keep adequate clinical
notes regarding the surgical procedure performed on the
patient.
|
Opted to pay admission of guilt fine of R10 000.00 without
appearing at the inquiry. |
|
|
Dr TB Khumalo
MP 0594105/875/2007 |
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 19
April 2007 and in respect of your patient you issued a
prescription to your patient for 90 tablets of Sandoz
Flunitrazepam (a copy of the prescription is annexed hereto,
marked “A”) whilst –
(a) the dosage of 3 tablets per day is
contra-indicated or not indicated or not in the best
interest of your patient; and/or
(b) the duration for taking the drug by your patient
is contra-indicated or not indicated or not in the best
interest of your patient; and/or
(c) issuing the said drug with exceptionally high
addictive potential to your patient with a known history of
dependence to drugs, is contra-indicated or not indicated or
not in the best interest 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 on or about 19
April 2007 and in respect of your patient you issued a
prescription to your patient for 90 tablets of Sandoz
Flunitrazepam (a copy of the prescription is annexed hereto,
marked “B”) whilst –
(a) the dosage of 3 tablets per day is
contra-indicated or not indicated or not in the best
interest of your patient; and/or
(b) the duration for taking the drug by your patient
is contra-indicated or not indicated or not in the best
interest of your patient; and/or
(c) issuing the said drug with exceptionally high
addictive potential to your patient with a known history of
dependence to drugs, is contra-indicated or not indicated or
not in the best interest of your patient.
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 19
April 2007 and in respect of your patient, you issued two
prescriptions to your patient for 90 tablets each of Sandoz
Flunitrazepam (a copy of the prescriptions is annexed
hereto, marked “A” and “B”) exceeding the maximum
recommended dosage of a habit forming drug.
COUNT 4
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during or
about July 2005 until July 2007 you failed or neglected to
refer your patient, with longstanding psychiatric problems
to a suitably qualified practitioner for assistance.
|
Accused paid admission of guilt fine in the amount of
R5000.00. |
Durban |
|
Dr DB Vogt
MP 0162353/291/2007 |
That you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that on or about 27
February 2007, in respect of your patient you:-
1.
failed and/or neglected to exercise professional
skill and/or care and diligence when removing the cast from
the patient’s arm and thereby caused injuries to the
patient’s arm; and/or
2.
removed the cast from the patient prematurely without
the consent of the treating doctor and/or the necessary
expertise.
|
Opted to pay admission of guilt fine of R5 000.00 without
appearing at the inquiry. |
|
|
Dr R Vishnuparsad
MP 0376884/823/2007 |
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 October - November 2002 (or any part or portion
thereof) and in respect of your patient you and/or your
practice rendered or caused or permitted to be rendered or
failed to take reasonable steps to prevent from being
rendered accounts (copies of which are annexed hereto,
marked “A1” - “A2”) whilst –
(i)
one or more or all of the accounts
were not correct, alternatively false in that you did not
render the professional services and/or dispense the
medication reflected therein; and/or
(ii)
you charged or recovered fees to
which you were not entitled; and/or
(iii)
the said accounts were drafted in
such a manner as to cause financial prejudice or potential
prejudice to MX-Health medical scheme.
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 November 2002 – January 2003 (or any part or portion
thereof) and in respect of your patient you and/or your
practice rendered or caused or permitted to be rendered or
failed to take reasonable steps to prevent from being
rendered accounts (copies of which are annexed hereto,
marked “A3” - “A4”) whilst –
(i)
one or more or all of the accounts
were not correct, alternatively false in that you did not
render the professional services and/or dispense the
medication reflected therein; and/or
(ii)
you charged or recovered fees to
which you were not entitled; and/or
(iii)
the said accounts were drafted in
such a manner as to cause financial prejudice or potential
prejudice to MX-Health medical scheme.
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 October - November 2002 (or any part or portion
thereof) and in respect of your patient you and/or
your practice rendered or caused or permitted to be rendered
or failed to take reasonable steps to prevent from being
rendered accounts (copies of which are annexed hereto,
marked “A6”) whilst –
(i)
one or more or all of the accounts
were not correct, alternatively false in that you did not
render the professional services and/or dispense the
medication reflected therein; and/or
(ii)
you charged or recovered fees to
which you were not entitled; and/or
(iii)
the said accounts were drafted in
such a manner as to cause financial prejudice or potential
prejudice to MX-Health medical scheme.
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 October - November 2002 (or any part or portion
thereof) and in respect of your patient you and/or
your practice rendered or caused or permitted to be rendered
or failed to take reasonable steps to prevent from being
rendered accounts (copies of which are annexed hereto,
marked “A7”) whilst –
(i)
one or more or all of the accounts
were not correct, alternatively false in that you did not
render the professional services and/or dispense the
medication reflected therein; and/or
(ii)
you charged or recovered fees to
which you were not entitled; and/or
(iii)
the said accounts were drafted in
such a manner as to cause financial prejudice or potential
prejudice to MX-Health medical scheme.
|
Accused pleaded guilty to all charges (count 3 withdrawn).
Penalty: two years suspended for 10 years on condition that
accused is not found guilty of unprofessional conduct during
the period of suspension.
|
Durban |
August
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr CP Shaw
MP 0436941/180/2007
MP 0436941/182/2007
|
Count 1
THAT you are guilty of unprofessional conduct
or conduct which, when regard is had to your profession, is
unprofessional in that in
or about September 2006 and in respect of your patient you
or your practice rendered or caused or permitted to be
rendered and/or failed to take reasonable steps to prevent
from being rendered a statement of account (copy of which is
annexed hereto marked “A”) whilst you: –
1.1 charged fees to which you were not entitled to;
and/or
1.2
used multiple tariff codes for the same procedure;
and/or
1.3 failed or omitted to utilise tariff code
0005; and/or
1.4 charged for follow-up visits.
|
Accused elected to pay admission of guilt fine in the amount
of
R10 000.00 without appearing at the inquiry.
|
Parktown |
|
Dr N Andrews
DP 0078514/327/2007 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about August 2006 until November 2006 and in
respect of your patient you:-
a) failed or neglected to adequately treat your
patient’s complaint of food impaction between his tooth
16 and tooth 17; and/or
b) failed or neglected to diagnose and timeously treat
the acute painful condition between your patient’s tooth 16
and tooth 17; and/or
c) failed or neglected to timeously consult with or
refer your patient to another suitably qualified
practitioner when you could not satisfactory address your
patient’s problem; and/or
d) failed or neglected to keep adequate records of your
patient.
|
Accused elected to pay admission of guilt fine in the amount
of
R6000.00 without appearing at the inquiry.
|
Pretoria |
|
Ms CF Ngobeni
PT 0073296/1392/2007 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that you used
misleading letterheads (Annexed hereto marked “A”) which
read “Dr Cornelia F Ngobeni” whilst you knew
and/or ought to have known that you are not a Doctor or are
registered as such.
|
Accused pleaded guilty to the charge.
She was sentenced as follows: three months suspension
suspended for twelve months on condition, she is not found
guilty of a similar offence during the period of suspension.
|
Pretoria |
|
Mr JM Tshoma
BAA 0281565/236/2006 |
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 05
December 2005 you acted in a manner that was not in
accordance with the norms and standards of your profession
in that:-
(i) you failed to act timeously, when you were called
upon;
(ii) you failed and/or neglected to ensure that the
ambulance was adequately resourced.
(iii) you failed and/or neglected to administer
treatment to the patient.
|
Accused pleaded guilty to the charges.
He was sentenced as follows: three months suspension,
suspended for twelve months on condition that he is not
found guilty of the similar offence during the period of
suspension.
|
Johannesburg |
|
Dr A De Munnik
MP 0315303/907/2005 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that during or about the period from 17 July 2004 to 22 July
2004 and in respect of your patient you:-
2. in the post operative period you failed or neglected
to execute the normal post operative care properly in that
you:
2.1 failed or neglected to diagnose the development of a
dangerous post operative complication while the patient was
in the hospital under your care; and/or
2.2 discharged the patient in spite of the warning signs
of the complication; and/or
3 failed or neglected to examine the patient properly
and/or to diagnose a dangerous complication when the mother
brought the patient back to the hospital;
|
Accused pleaded guilty to paragraph 2 and 3 of the charges.
The accused was sentenced as follows: three months
suspension from practice which is wholly suspended for a
period of two years on condition that he is not found guilty
of unprofessional conduct during the period of suspension.
|
Pretoria |
|
Dr V Rughubar
DP 0045357/25/2007 |
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession is unprofessional, in that during the
year 2001, in respect of your patient you:-
2. placed two of the implants in such positions and/or
angulations that they could not be used for prosthodotic
rehabilitation; and/or
3. placed some implants in positions and/or angulations
that compromised the prosthodontic rehabilitation of the
patient.
|
Accused pleaded guilty to paragraph 2 and 3 of the amended
charge sheet.
The accused was sentenced as follows: twelve months
suspension from practice which is wholly suspended for a
period of two years on condition that he is not found guilty
of a similar offence during the period of suspension.
|
Durban |
|
Dr T Bhika
MP 0185817/732/06 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that between the period 25 February 2006 to 03 March 2006,
in respect of your patient you managed your patient in a
manner that was incompetent and/or negligent and/or which
does not conform to generally acceptable norms and standards
of your profession in that you failed to:
1.1
document standard of care and blood
investigations of your patient’s severe pre-eclapsia
|
Accused elected to pay admission of guilt fine in the amount
of
R7500.00 without appearing at the inquiry.
|
Durban |
|
Dr L Mbuli
MP 0449776/245/2007 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that on or about 02 March 2007, in respect of your patient
you and/or your locum doctor Dr Madi you:
1. failed and/or neglected to stabilise a seriously ill
patient; and/or
2. failed and/or neglected to keep and/or maintain
adequate equipments at your practice; and/or
3. allowed a person registered as an intern to act as a
locum GP at your practice.
|
Accused elected to pay admission of guilt fine in the amount
of
R10 000.00 without appearing at the inquiry. |
Durban |
|
Dr SP Grobler
MP 0245968/453/2007 |
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional in
that upon or about 17 April 2007 and in respect of your
patient you conducted yourself in a manner that is not in
accordance with the norms and/or standards of your
profession in that you verbally abused your patient and/or
used language that was rude, degrading or humiliating to
your patient’s self-esteem.
|
Accused was found guilty and was given a caution and
reprimand as a penalty. |
Bloemfontein |
|
Ms M Naidoo
OT 0013951/196/2006 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about May 2001 you furnished Mr K Moodley,
being the referring attorney, with an Addendum to a draft
report drawn up by your former partner, regarding her
patient without personally assessing the patient.
|
Accused elected to pay admission of guilt fine in the amount
of
R7000.00 without appearing at the inquiry. |
Durban |
September
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr A Bovungana
MP 0368792/1241/2007 |
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 26 May 2007, in respect of your patient you
and/or your practice submitted a claim for professional
services allegedly rendered, to Discovery Health (a copy
whereof is attached marked annexure “A” & “B”) whereby you
and/or your practice:-
1.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice rendered services and/or dispensed
medicines that were different and less in value than the
services and/or value of the medicines you claimed for;
and/or
1.2 you and/or your practice was/were not entitled to
the full payment of the amount you claimed for; and/or as a
result of your misrepresentation, your patient and/or
Discovery Health suffered actual prejudice and/or
potentially suffered financial loss.
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 26 May 2007, in respect of your patient,
you and/or your practice submitted a claim for professional
services allegedly rendered, to Discovery Health (a copy
whereof is attached marked annexure “A” & “B”) whereby you
and or your practice:-
2.1 fraudulently and/or falsely claimed for services
allegedly rendered, whilst the true facts are that you
and/or your practice rendered services and/or dispensed
medicines that were different and less in value than
the services and/or value of the medicines you claimed for;
and/or
2.2 you and/or your practice was/were not entitled to
the full payment of the amount you claimed for;
and/or as a result of your misrepresentation, your patient
and/or Discovery Health suffered actual prejudice
and/or potentially suffered financial loss.
|
The accused was found guilty of two counts of unprofessional
conduct and was sentenced as follows:
Twelve months suspension from practice which is wholly
suspended for a period of five years on condition that the
accused is not found guilty of a similar offence during the
period of suspension.
|
Port Elizabeth |
|
Dr HF Swart
MP 0322105/328/2007 |
That you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that upon or about 31
October 2006 during the treatment of your patient, you
failed or neglected to perform an ECG test which was
indicated and/or necessary.
|
Accused elected to pay admission of guilt fine in the amount
of
R3000.00 without appearing at the inquiry.
|
Parktown |
|
Dr N Jordan
DP 0078603/42/2008 |
THAT
you are guilty of unprofessional conduct or conduct which
when regard is had to your profession is unprofessional in
that on the 7 December 2007 and in respect of your patient,
your practice:-
(a)
failed to provide emergency
treatment to your patient despite repeated requests to do
so; and/or
(b)
failed to respond to telephone
messages left by the patient’s parent.
|
Accused elected to pay admission of guilt fine in the amount
of
R6000.00 without appearing at the inquiry.
|
Durban |
|
Dr PJ Smart
MP 0386391/86/2008 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during December 2007 in respect of your
patient, you breached patient doctor confidentiality by
disclosing your patient’s information to a third party.
|
Accused elected to pay admission of guilt fine in the amount
of
R10000.00 without appearing at the inquiry.
|
Johannesburg |
|
Dr BA Gxoyiya
MP 0442135/445/2007 |
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 2004 in respect of your patient you:-
1.1
failed and/or refused to furnish
your patient with a report after examining her when you knew
or ought to have known that it was going to be used in
claiming compensation and thereby caused her actual or
potential prejudice.
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 18 December 2007, 14 February 2008, 05
March 2008 and 24 April 2008 you:-
2.1 contravened Rule 20 of the Ethical Rules by not
co-operating and complying with lawful instructions from
Council.
|
The accused was charged with two counts of unprofessional
conduct and sentenced as follows: a fine of R5000.00 per
count.
|
Port Elizabeth |
|
Dr S Allopi
DP 0066028/1082/2007 |
THAT
you are guilty of unprofessional conduct or conduct, which
when regard is had to your profession is unprofessional in
that on or about 30 August 2005 in respect of your patient
you acted in a manner that was incompetent and/or negligent
and/or which does not conform to generally acceptable norms
and standards of your profession in that:
1.1
you performed a placement of fixed
prosthesis notwithstanding the fact that you were not
qualified and/or adequately trained and/or sufficiently
experienced;
1.2
you failed and/or neglected to
diagnose and develop a treatment plan for your patient;
1.3
you failed and/or neglected to do a
radiographic examination of your patient prior to, during
and after placement of the fixed prosthesis.
|
The accused was found guilty and sentenced as follows:
Six months suspension, suspended for three years on the
following condition: (a) that she is not found guilty of
unprofessional conduct, where an incompetence and/or
negligence is an element (b) that she attends a post
graduate course on crowns and bridgework which will earn her
at least ten CPD points. |
Durban |
|
Dr R Sheolal
MP 0495476/994/2006 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional in
that upon or about June 2006 and in respect of your patient,
you or your practice conducted yourselves in a manner that
is not in accordance with the norms and/or standards of your
profession in that you failed and/or neglected to obtain
informed consent from the complainant to charge fees above
medical aid rates in respect of an anaesthetic administered
to her daughter.
|
Accused elected to pay admission of guilt fine in the amount
of
R10000.00 without appearing at the inquiry.
|
Pretoria |
|
Dr K Watson
MP 0473839/78/2008 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 08 December 2007 in respect of
your patient, you issued a medical certificate (annexured
hereto marked “A”) that does not conform or comply with the
Ethical Rules annexured hereto marked “B”
|
Accused elected to pay admission of guilt fine in the amount
of
R10000.00 without appearing at the inquiry.
|
Johannesburg |
October
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr TP Motlhamme
DP 0077534/587/2007 |
COUNT 1
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that you rendered
or caused or permitted to be rendered on your behalf and in
respect of your patient, an account/statement (a copy of
which is annexed hereto, marked “A”) wherein you charged
and/or attempted to recover one or more or all of the
amounts specified in the said account/statement in respect
of professional services allegedly rendered by you on or
about 20 January 2006, whilst:-
(a) one or more or all of the aforesaid professional
services was/were not rendered by you; and/or
(b) you were not entitled to payment of one or more or
all of the amounts specified in the said account/statement;
and/or
(c) the said account/statement was drafted in a manner
that was inaccurate or incorrect; and/or
(d) the said account/statement was drafted in a such a
manner as to cause financial prejudice or potential
prejudice to the medical aid scheme concerned.
COUNT 2
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that you rendered
or caused or permitted to be rendered on your behalf and in
respect of your patient an account/statement (a copy of
which is annexed hereto, marked “B”) wherein you charged
and/or attempted to recover the amounts specified in the
said account/statement in respect of professional services
allegedly rendered by you on or about 15 February 2006,
whilst:-
(a) you did not render professional services to your
patient at all; and/or
(b) you were not entitled to payment of any of the
amounts specified in the said account/statement; and/or
(c) the said account/statement was drafted in a such a
manner as to cause financial prejudice or potential
prejudice to the medical aid scheme concerned.
|
Found guilty. Penalty was suspension from practicing his
profession for a period of nine months but that the
operation thereof be suspended for a period of three years
on condition that he was not found guilty of a similar
offence during this period.
|
Arcadia |
|
Mr RB Sellick
PS 0054100/306/2007 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that during or
about March 2006 until June 2006 and in respect of your
client you –
(a) prematurely concluded that your client was
homosexual without exploring issues of identity and sexual
identity development in the adolescent; and/or
(b) disclosed information of an intimate nature
towards your client; and/or
(c) introduced your client to your own intimate
circle of friends; and/or
(d) allowed your client to stay over at your
personal home; and/or
(e) approximately five months after termination of
therapy you allowed regular stay-overs of your client during
a course of three weeks at your personal home; and/or
(f) during the period referred to in paragraph (e)
above you entered into some level of intimacy with your
patient.
|
Found guilty. Penalty was suspension of his name from the
register of psychologists for a period of six months.
|
Arcadia |
|
Dr S J Greeff
DP 0037060/366/2006 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that during the period from the year 2003, 2004, 2005 to May
2006 or parts thereof, in respect of your patient you
and/or your practice:-
1. failed and/or neglected to ensure that Dr
Jankelowitz was registered with Council whilst working at
your practice; and/or
2. claimed on behalf of Dr Jankelowitz for services
rendered by him from the medical aid and/or from the
patient(s) concerned whilst unregistered with Council; (see
attached quotation and credit card payment marked annexure
1, contract pertaining to payment marked annexure 2 and
statements of accounts including cheque payment marked
annexures 3-11).
|
Accused elected to pay admission of guilt fine of the amount
of
R10000.00 without appearing at the inquiry.
|
Johannesburg |
|
Dr SM Mogafe
DP 0030040/1065/2007 |
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 2006, in respect of your
patient you performed maxillofacial surgery for ankylosis
release without the correct operative apparatus, and as a
result compromised the physical well being of the patient by
failing and/or neglecting to provide him with adequate
treatment.
|
Found guilty. Penalty was three months suspension from
practice which is wholly suspended for a period of twelve
months on condition that the accused is not found guilty of
a similar offence during the period of suspension.
|
Bloemfontein |
|
Dr Z Peer
MP 0423521/720/2007 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on or about 21 May 2007 you were found guilty on the
offence of theft in the Regional Court, Wynberg.
|
Found guilty. Penalty was suspension from practicing his
profession for a period of twelve months but that the
operation thereof be suspended for a period of three years
on condition that he was not found guilty of a similar
offence during this period.
|
Cape Town |
|
Mr CG Mkansi
OP 0020974/1083/2006 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about May 2006 and in respect of your patient
you furnished or rendered to permitted to be furnished or
rendered on your behalf or on behalf of your practice an
account/statement (a copy is annexed hereto, marked “A”) for
professional services allegedly rendered by you, whilst –
(a) you charged or attempted to recover professional
fees to which you were not entitled; and/or
(b) the contents thereof were not accurate, true or
correct in all respects; and/or
(c) one or more or all of the professional services
was/were not rendered by you; and/or
(d) the account / statement was drafted in such a
manner as to cause financial prejudice or potential
financial prejudice to your patient and/or the relevant
medical aid scheme;
in that you issued your patient with sunglasses
in lieu of prescription spectacles.
|
Found guilty. Penalty was suspension from practicing his
profession for a period of six months but that the operation
thereof be suspended for three years on condition that he
was not found guilty of unprofessional conduct of a similar
nature during this period.
|
Pretoria |
|
Dr D van der Merwe
MP 0194093/1001/2007 |
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession is unprofessional, in that during or
about 2007 and in respect of your patient, you:
(a) administered Ketamine to your patient for panic
disorder which is not indicated and/or
(b) in administering Ketamine to your patient for
panic disorder you performed a professional act for the
performance of which you are inadequately trained and
insufficiently experienced.
|
Found guilty. Penalty was a caution and reprimand.
|
Durban |
|
Dr MC Mabe
KT 0006645/1060/2006 |
THAT
you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession is unprofessional in that upon or about
or between 2004 and June 2006 you acted in a manner that is
not in accordance with the norms and/or standards of your
profession and/or in a manner that brought your profession
into disrepute in that whilst in the employ of the
complainant you stole money from cash paying patients and
tried or attempted to cover it up by destroying patients
records. |
He was fined R5000.00. R2500.00 suspended for three years on
condition that the accused is not convicted of a similar
charge committed during the period of suspension.
|
Pretoria |
|
Dr CA Botha
MP 0217409/78/2006 |
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 year 2004 in respect of your patient you:
1.1
Made or caused to be made a claim
for the payment of benefits allegedly due in terms of the
rules of a medical scheme, knowing such claim to be false;
and
1.2
rendered a statement, account or
invoice to a member or any other person, knowing that such
statement, account or invoice is false and which may be used
by such member or person to claim from a medical scheme any
benefit greater than the benefit to which he or she is
entitled to, in terms of the rules of the medical scheme.
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 year 2004 in respect of your patient you:-
2.1 made or caused to be made a claim for the payment
of benefits allegedly due in terms of the rules of a medical
scheme, knowing such claim to be false; and
2.2 rendered a statement, account or invoice to a
member or any other person, knowing that such statement,
account or invoice is false and which may be used by such
member or person to claim from a medical scheme any benefit
greater than the benefit to which he or she is entitled to,
in terms of the rules of the 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
the year 2000 in respect of your patient you:-
3.1 made or caused to be made any claim for the
payment of a benefits allegedly due in terms of the rules of
a medical scheme, knowing such claim to be false; and
3.2 rendered a statement, account or invoice to a
member or any other person, knowing that such statement,
account or invoice is false and which may be used by such
member or person to claim from a medical scheme any benefit
greater than the benefit to which he or she is entitled to,
in terms of the rules of the medical scheme.
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
the year 2001 in respect of your patient you:-
4.1 made or caused to be made a claim for the payment
of benefits allegedly due in terms of the rules of a medical
scheme, knowing such claim to be false; and
4.2 rendered a statement, account or invoice to a
member or any other person, knowing that such statement,
account or invoice is false and which may be used by such
member or person to claim from a medical scheme any benefit
greater than the benefit to which he or she is entitled to,
in terms of the rules of the medical scheme.
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
the year 2001 in respect of your patient you:-
5.1 made or caused to be made a claim for the payment
of benefits allegedly due in terms of the rules of a medical
scheme, knowing such claim to be false; and
5.2 rendered a statement, account or invoice to a
member or any other person, knowing that such statement,
account or invoice is false and which may be used by such
member or person to claim from a medical scheme any benefit
greater than the benefit to which he or she is entitled to,
in terms of the rules of the medical scheme.
COUNT 6
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 year 2000 in respect of your patient you:-
6.1 made or caused to be made a claim for the payment
of benefits allegedly due in terms of the rules of a medical
scheme, knowing such claim to be false; and
6.2 rendered a statement, account or invoice to a
member or any other person, knowing that such statement,
account or invoice is false and which may be used by such
member or person to claim from a medical scheme any benefit
greater than the benefit to which he or she is entitled to,
in terms of the rules of the medical scheme.
COUNT 7
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 year 2001 in respect of your patient you:-
7.1 made or caused to be made a claim for the payment
of benefits allegedly due in terms of the rules of a medical
scheme, knowing such claim to be false; and
7.4 rendered a statement, account or invoice to a
member or any other person, knowing that such statement,
account or invoice is false and which may be used by such
member or person to claim from a medical scheme any benefit
greater than the benefit to which he or she is entitled to,
in terms of the rules of the medical scheme.
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The accused was found guilty of unprofessional conduct as
per charge sheet. Sentenced as follows: three years
suspension from practice which is wholly suspended for a
period of six years on condition that the accused is not
found guilty of a similar offence during the period of
suspension and a further condition is that he should
register for ethics course from an institution preferred by
the HPCSA and present such proof to the HPCSA upon
completion.
|
Johannesburg |
|
Dr EL Appie
MP 0457493/1082/2006 |
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 05 January 2006 and 13 February 2006
you and/or your practice rendered a statement of account (a
copy of which is annexed hereto marked “A”) to Bankmed
Scheme in respect of professional services rendered to your
patient whilst:
1.1
knowing and/or ought to have known
that the said services were not rendered;
1.2
the statement of account was drafted
in such a manner as to cause financial prejudice to your
patient and/or Bankmed Scheme in that the said patient
and/or scheme was/were requested to pay out amounts which
were not due.
1.3
you charged professional fees in
respect of the dependents of your patient to which you were
not entitled.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on 30 June 2005 you and/or your practice you rendered a
statement of account (a copy of which is annexed hereto
marked “B”) to Bankmed Scheme in respect of your patient
whilst”
2.1
knowing and/or ought to have known
that you did not render professional services to neither
your patient nor her dependents; and/or
2.2
the statement of account was drafted
in such a manner as to cause financial prejudice or
potential prejudice to your patient and/or Bankmed Scheme in
that the said patient and/or scheme was/were requested to
pay out amounts which were not due.
COUNT 3
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on 30 June 2005 you and/or your practice you rendered a
statement of account (a copy of which is annexed hereto
marked “C”) to Polmed Scheme in respect of your patients
whilst”
3.1 knowing and/or ought to have known that you did
not render professional services to neither your patient nor
her dependents; and/or
3.2.1
the statement of account was drafted
in such a manner as to cause financial prejudice or
potential prejudice to your patient and/or Polmed Scheme in
that the said patient and/or scheme was/were requested to
pay out amounts which were not due.
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Accused elected to pay admission of guilt fine of the amount
of
R10000.00 without appearing at the inquiry.
|
Pretoria |
November
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Dr A Shuttleworth
DP 0088382/320/2007 |
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 22nd March 2007, in respect
of your patient, you acted in a manner that was not in
accordance with the norms and standards of your profession
in that:-
(i) the occlusion on teeth 24, 36 and 37 fillings were
not checked;
(ii) the management of your patient and the time spent
were unsatisfactory;
(iii) you exhibited poor clinical judgment when trying
to fill the 36 at same time as the 24 and 37;
(iv)
the filling of the 36 tooth proved
to be extremely difficult, clinically;
(v)
the new compose filling in the 24
fractured interproximally, as result of high bite
|
Practitioner opted to pay admission of guilt fine of
R3000.00. |
Pretoria |
|
Dr L Vambe
MP 0376434/262/2007 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that during or about 14 and 15 January 2007 and at the
Carstenhof Clinic and in respect of your patient:-
(a) you did not timeously admit and treat your patient
in an intensive care unit; and/or
(b) you did not recognise the seriousness of your
patient’s condition and did not appropriately respond to
communication from the nursing staff pertaining to the
management of your patient.
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Penalty imposed was suspension from practicing his
profession for a period of three months but that the
operation thereof be suspended for twelve months on
condition that he was not found guilty of a similar offence
during this period. |
Johannesburg |
|
Dr M Van Der Merwe
MP 0332119/794/2007 |
THAT you are guilty of
unprofessional conduct or conduct which, when regard is had
to your profession, is unprofessional in that you canvassed
for patients by handing promotional material (annexed hereto
marked “A”) which was misleading wherein:-
i)
you claimed to be a specialist in
aesthetic medical treatments when no such registered
speciality is recognised by Health Professions Council of
South Africa;
ii)
you advertised Liquid Youth as an
aesthetic skin care clinic, when there are no specific rules
regarding the use of the word “clinic”;
iii)
you advertised Liquid Youth (Pty)
Ltd as a legitimate body whilst you knew and/or ought to
have known that it was not accredited by HPCSA;
iv)
you advertised your training courses
to medical practitioners emphasising that aesthetic skin
care is a highly lucrative field;
v)
you stated that other practitioners
would loose their licences if they do not do training
courses offered by you.
|
Penalty was R10 000.00 fine in respect of all the charges. |
Cape Town |
|
Dr AS Purmasir
MP 0333891/445/2008 |
|
Paid admission of guilt fine of
R10 000.00 in respect of charge sheet. |
Durban |
|
Dr FI Woke
MP 0506486/784/2007 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that you used misleading letterheads (Annexed hereto marked
“A” which read “HIV Clinician” whilst you knew and/or
ought to have known that you are not registered as such and
that there is no such category registrable with the Health
Professions Council of South Africa.
|
Practitioner opted to pay an admission of guilt fine of
R1000.00. |
Pretoria |
December
|
Registration number & Name of practitioner |
Nature of complaint |
Penalty |
Town |
|
Ms H Lewis
PS 0029653/1145/2007 |
|
Penalty was a caution and reprimand.
|
Cape Town |
|
Dr K Hussain
MP 0359726/201/2008 |
That you are guilty of unprofessional
conduct or conduct which, when regard is had to your
profession, is unprofessional in that on or about 16 January
2008, and in respect of “your patient you performed a
cholecystectomy (“the operation”) on your patient whilst: -
1.
pre-operatively you failed to examine your patient
properly or at all in order to arrive at a clinical
diagnosis; and/or
2.
your decision to operate on your patient was hurried;
and/or
3.
the operation performed on your patient was not
indicated or necessary; and/or
4.
you failed to discuss or inform your patient of your
intention to charge fees in excess of the medical aid rates.
|
Paid admission of guilt fine of
R10 000.00 in respect of charge sheet. |
Johannesburg |
|
Dr M Zondo
MP 0454664/300/2008 |
COUNT 1
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on 05 October 2007 you and/or your practice rendered a
statement of account (a copy of which is annexed hereto
marked “A”) to Discovery Health Medical Scheme in respect of
professional services rendered to your patient whilst:
1.1
the contents of the statement of
account were in some respect false and/or inaccurate; and/or
1.2
the statement of account was drafted
in such a manner as to cause financial prejudice to your
patient and/or Discovery Health Medical Scheme in that the
said patient and/or scheme was/were requested to pay out
amounts which were not due.
COUNT 2
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession, is unprofessional in
that on 05 October 2007 you and/or your practice you
rendered a statement of account (a copy of which is annexed
hereto marked “B”) to Discovery Health Medical Scheme in
respect of your patient whilst”
2.1
the contents of the statement of
account were in some respect false and/or inaccurate; and/or
2.2
the statement of account was drafted
in such a manner as to cause financial prejudice or
potential prejudice to your patient and/or Discovery Health
Medical Scheme in that the said patient and/or scheme
was/were requested to pay out amounts which were not due.
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The accused was convicted of fraud and sentenced as follows:
(i)
that he is not found guilty of fraud
within the period of suspension and
(ii)
that he must attend a course on
Medical Ethics within the year 2009 and submit proof thereto
to the Registrar |
Pretoria |
|
Dr PJ Viljoen
MP 03332201/165/2006 |
|
Paid admission of guilt fine of R2000.00 in respect of the
charge sheet. |
Pretoria |
|
Dr SKP Molefe
MP 0517429/1137/2007 |
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 2007, in respect of your
patient you:-
1. failed and/or neglected to provide a pre and post
HIV testing counselling to your patient; and/or
2. requested an inappropriate and/or an incorrect
test for an HIV diagnosis or test; and/or
3. divulged sensitive information to third parties
without express and/or written consent of the patient;
and/or
4. failed to show empathy and/or compassion and/or
respect and/or professionalism towards the patient by making
sarcastic and insensitive remarks to her.
|
Paid admission of guilt fine of
R10 000.00 without appearing at the inquiry. |
Durban |
|
Dr N Masilela
DP 0068314/246/2007 |
THAT
you are guilty of unprofessional conduct or conduct which,
when regard is had to your profession is unprofessional, in
that during the period November 2006, in respect of your
patient, you failed and/or neglected to:
1. diagnose the root perforation during the
performance of a root canal treatment on the patient; and/or
2. diagnose
surgical emphysema; and/or
3. recognise symptoms of inadvent injection of
sodium hypochlorite into the soft tissue.
|
Accused was found guilty of all three counts of
unprofessional conduct and was sentenced as follows;
Six months suspension from practice which is wholly
suspended for a period of four years on condition that the
accused is not found guilty of a similar offence during the
period of suspension. |
Johannesburg |
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