A Pretoria doctor who was found guilty of negligence after he had refused to admit a private patient to the Netcare Unitas Hospital in Centurion, after which the patient was taken to a public hospital where he died the next day, managed to have his name cleared.
The Health Professions Council of South Africa (HPCSA) conduct committee earlier found him guilty of negligence. He was slapped with a suspension, as well as a fine, which were suspended.
However, Dr Norbert Welkovics successfully appealed against the HPCSA’s finding and sanctions against him.
The Gauteng High Court, Pretoria, in upholding the appeal, concluded that while Welkovics’ decision not to examine or admit the patient may, in hindsight, be viewed as regrettable, it does not amount to negligence or a breach of professional or ethical duty within the circumstances of this case.
Welkovics argued in his appeal that as a private healthcare practitioner, he has a right to accept or reject private patients unless it is an emergency.
As he never saw the patient and only spoke to the latter’s doctor, Welkovics said no doctor-patient relationship came into existence between him and the patient.
Thus, he argued, the HPCSA’s ad hoc committee erred when it found him guilty of unprofessional conduct.
The court was told that the now-deceased Johannes Phillips arrived by ambulance at Netcare Unitas Hospital on May 19, 2020, after collapsing at home.
He complained of shortness of breath, general body weakness, and fatigue. These symptoms had persisted for two days. He had chronic obstructive pulmonary disease, was on home oxygen therapy, and suffered from hypertension and diabetes.
A casualty doctor, employed by a private practice operating the hospital’s casualty department, treated the deceased and diagnosed him with heart and kidney failure. He recommended admission to high care or ICU for further investigations and treatment.
The doctor phoned Welkovics to ask him whether he would admit the patient, but Welkovics declined to accept the deceased as a patient after enquiring whether his medical condition constituted an emergency, and he was told it was not.
The deceased was subsequently transferred to Steve Biko Academic Hospital, where he died the following day.
His daughter lodged a complaint with the HPCSA against Welkovics’ refusal to admit her father.
At the disciplinary hearing, Welkovics testified that he declined to accept the deceased as a patient after satisfying himself that the case did not constitute an emergency.
He stated that, had the case been an emergency, he would have proceeded to the casualty department to render assistance.
The Professional Conduct Committee, however, had found that he had demonstrated a dismissive attitude when presented with the deceased’s case.
He was slapped with a R100,000 fine and a 12-month suspension from practice, which was suspended.
The high court on appeal accepted that as a private healthcare practitioner, Welkovics had the right to refuse to accept a patient, provided that such refusal was exercised ethically.
It found that when the referring doctor phoned Welkovics to ask whether he would admit the patient, it was not suggested that it was a medical emergency.
zelda.venter@inl.co.za
