Doctor battles hospital over ‘unjust’ suspension

A doctor, suspended for allegedly prescribing certain “scheduled substances” irregularly, has taken on a private hospital group in court.

On Thursday the anaesthetist, whose name is known to POST, launched an urgent application in the Durban High Court against the hospital company to have her November 30 suspension lifted.

But Judge Johan Ploos van Amstel has adjourned the matter, by consent, to an unconfirmed date.

The company’s medical director said in a letter dated November 30 to the doctor, that she was suspended because she had prescribed certain scheduled substances.

According to court papers, a meeting to discuss the lifting of the suspension was scheduled for yesterday.

It was to be attended by her advocate, Howard Anton de Beer, SC, her attorney Vash Choudree and representatives from the hospital company.

The doctor has denied any wrongdoing, calling the hospital group’s action “not just high-handed but dictatorial in the extreme”. She claimed it was designed to be punitive.

“I dealt with only five patients at the hospital in November. It has been extremely difficult to determine what the allegations are against me because no details were given,” she said in affidavit.

“When I was informed of the suspension I instructed the practice manager to review my patient files to establish whether or not any complaints were registered, either by the patients or the surgeons who had instructed me. He found no complaints. As a matter of precaution I thereafter contacted each surgeon and enquired from them whether they were aware of any facts which constituted any complaint to the hospital company. They all said they were satisfied with my services and they and the patients had not complained about me.”

She said the hospital group had adopted a “cavalier” approach and had disregarded her rights.

“I was not afforded the opportunity to be heard in terms of the audi alteram partem rule principle.

“It is alarming that the respondent had dispatched an e-mail to all my instructing specialists and others and informed them of the suspension and the withdrawal of the privileges including use of the theatres. The news spread like wildfire. Even doctors at the Inkosi Albert Luthuli Central Hospital, where I am well known, heard of my suspension,” she said.

The doctor said the allegations had caused serious damage to her professional reputation.

“I have been severely prejudiced. To my knowledge there have been no complaints either to the surgeons or to the Health Professions Council of South Africa.

“My attorney had demanded that the respondent withdraw the suspension by noon on December 1. There was no response to the letter.”

lLawyers acting for the doctor had requested POST not to publish any article referring to the case until the completion of negotiations between the parties. POST has, however, decided that publication of the story is in the public interest.