finalised matters: 2008 january registration number - hpcsa

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”).


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

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

PRETORIA




assessment on your patient.

practicing as a psychologist pending the outcome of the appeal.

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



Medihelp suffered financial loss and/or potential prejudice. COUNT 3


PRETORIA




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



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



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



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



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



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



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



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



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



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



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



Medihelp suffered financial loss and/or potential prejudice.

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:


PRETORIA




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.

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

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




1.4. brought the standard of honour of your profession into disrepute.

February




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 suspended 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

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




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.

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

Accused is erased from the register for a period of five years.

Durban




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.

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:-

Found guilty on count 1 and 2, penalty imposed was: A. suspension from practice for one year wholly suspended for a period

Isando




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.

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.

Dr VVB Skiti DP 0080454/2007/195

COUNT 1: THAT you are guilty of unprofessional conduct, or conduct which when

Accused found guilty on all counts. Penalty: four years suspension

Cape Town




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


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

from the register. Three years suspended for five years on condition that she is not convicted of unprofessional conduct during the period of suspension.




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


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


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


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.

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


East London




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.

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”.


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

Accused was convicted on all four counts. Penalty imposed was removal from the register of practitioners for a period of three years.

Westville




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


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 27

th 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.

March




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

Found guilty and the penalty imposed was a caution and reprimand.

Cape Town




consent.

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

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




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 14

th 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.

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

Accused paid an admission of guilt fine in the amount of R4000.00.

Durban




(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.

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 13

th 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

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




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



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


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




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




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




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




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



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




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







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




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




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




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




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



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




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







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




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







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




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




April




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

Accused has paid admission of guilt fine of R10000.00 without appearing at the inquiry.




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.

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




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

Both accused were found guilty as charged and were sentenced as follows: six months suspension from practice which is wholly

Pretoria




circumstances of emergency.

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.

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




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


Johannesburg




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.

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

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

Johannesburg




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:

of suspension. Count 4: a fine of R10000.00 was imposed.




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.

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

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

Cape Town




2. issued the aforesaid certificate under Practice Number PR NO: 0127116, which practice number does not belong to you.

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.

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:

Accused found guilty on count 1.2-1.2.1 and was sentenced to caution and reprimand.

Cape Town




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.

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.

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




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).

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

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




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.

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







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 1

st 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

Penalty was caution and reprimand.

Durban




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”).

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.


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

Accused paid admission of guilt fine in the amount of R5000.00.

Durban




(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.

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.


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.

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




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 –




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 –


(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 –




August




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

Accused elected to pay admission of guilt fine in the amount of R10 000.00 without appearing at

Parktown




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.

the inquiry.

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

Durban




years on condition that he is not found guilty of a similar offence during the period of suspension.

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


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 THAT you are guilty of unprofessional conduct or conduct which, when Accused elected to pay admission Durban




OT 0013951/196/2006 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.

of guilt fine in the amount of R7000.00 without appearing at the inquiry.

September




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

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




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.

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.


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.


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

Accused elected to pay admission of guilt fine in the amount of R10000.00 without appearing at the

Johannesburg




confidentiality by disclosing your patient’s information to a third party.

inquiry.

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.


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”


Johannesburg

October




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

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




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 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 such a manner as to cause financial prejudice or potential prejudice to the medical aid scheme concerned.

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

Found guilty. Penalty was suspension of his name from the register of psychologists for a period of six months.

Arcadia




(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.

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

Found guilty. Penalty was a caution and reprimand.

Durban




(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.

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

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






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




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.













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

Accused elected to pay admission of guilt fine of the amount of R10000.00 without appearing at the inquiry.

Pretoria




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.

November




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 22

nd 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.

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

Penalty was R10 000.00 fine in respect of all the charges.

Cape Town




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.

Dr AS Purmasir MP 0333891/445/2008

THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about 14 February 2008 you issued a medical certificate (a copy is annexed hereto, marked “A”) to your patient, whilst the contents thereof are false or incorrect or not correct in all respect, in that you did not examine your patient on 1 February 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




Ms H Lewis PS 0029653/1145/2007

THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during or

Penalty was a caution and reprimand.

Cape Town




about 2003 until 2007 and in respect of your client you, whilst being engaged in a professional role, also entered into a private business relationship with your client whilst this multiple relationship could reasonably be expected to impair your objectivity and/or competence and/or effectiveness towards your client in performing your functions as a psychologist.

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


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.

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




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


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.

Dr PJ Viljoen MP 03332201/165/2006

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 attend to your patient, during or about 5 March 2006 until 8 March 2006 after she had been diagnosed with peritosillitis by yourself and admitted to Linmed Hospital, Benoni on 4 March 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

Paid admission of guilt fine of R10 000.00 without appearing at the inquiry.

Durban




and insensitive remarks to her.

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

Dr GA Anyetei MP 0411825/810/2007

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 mentioned in column 1 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 as stated in column 3 rendered to your patient whilst: 1.1 the contents of the statement of account were in some respect


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 as stated in column 4 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 during the period mentioned in column 1 you and/or your practice rendered a

The accused was tried and convicted of eleven counts of fraud sentenced as follows: three years suspended for five years suspended on condition that he is not convicted of an offence where dishonesty is not an element and he must attend a course on Medical Ethics during 2009 and submit proof to the Registrar.

Johannesburg




statement of account (a copy of which is annexed hereto marked “A”) to Bankmed Scheme in respect of professional services as stated in column 3 rendered to your patient whilst: 2.1 the contents of the statement of account were in some respect


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 as stated in column 4 which were not due.

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 mentioned in column 1 you and/or your practice rendered a statement of account (a copy of which is annexed hereto marked “A”) to Transmed Scheme in respect of professional services as stated in column 3 rendered to your patient whilst: 5.1 the contents of the statement of account were in some respect


cause financial prejudice to your patient and/or Transmed Scheme in that the said patient and/or scheme was/were requested to pay out amounts as stated in column 4 which were not due.

COUNT 7 THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period mentioned in column 1 you and/or your practice rendered a statement of account (a copy of which is annexed hereto marked “A”) to Transmed Scheme in respect of professional services as stated in




column 3 rendered to your patient whilst: 7.1 the contents of the statement of account were in some respect


cause financial prejudice to your patient and/or Transmed Scheme in that the said patient and/or scheme was/were requested to pay out amounts as stated in column 4 which were not due.

COUNT 9 THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period mentioned in column 1 you and/or your practice rendered a statement of account (a copy of which is annexed hereto marked “A”) to Polmed Scheme in respect of professional services as stated in column 3 rendered to your patient whilst: 9.1 the contents of the statement of account were in some respect


cause financial prejudice to your patient and/or Polmed Scheme in that the said patient and/or scheme was/were requested to pay out amounts as stated in column 4 which were not due.


false and/or inaccurate; and/or




10.2 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 as stated in column 4 which were not due.



cause financial prejudice to your patient and/or Bankmed Scheme in that the said patient and/or scheme was/were requested to payout amounts as stated in column 4 which were not due.






cause financial prejudice to your patient and/or Bankmed Scheme in that the said patient and/or scheme was/were requested to payout amounts as stated in column 4 which were not due.

COUNT 16 THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period mentioned in column 1 in respect of your patient as mentioned in column 2. You acted in a manner that was not in accordance with the norms and standard of your profession in that: you inflated your accounts by charging emergency fees in excess of the actual theatre time COUNT 18 THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period mentioned in column 1 in respect of your patientas mentioned in column 2. You acted in a manner that was not in accordance with the norms and standard of your profession in that: you inflated your accounts by charging emergency fees in excess of the actual theatre time COUNT 19 THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period mentioned in column 1 in respect of your patient as mentioned in column 2. You acted in a manner that was not in accordance with the norms and standard of your profession in that:




you inflated your accounts by charging emergency fees in excess of the actual theatre time

finalised matters: 2008 january registration number - hpcsa

Documents