Court overturns negligence ruling against doctor after patient dies

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, 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.

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.