A doctor whose reputation was damaged because he was wrongfully accused of refusing to treat a car crash victim, who later died, has lodged a R20 million damages claim.
The legal team, comprising advocate Paul Jorgensen and Sigamoney Inc Attorneys, representing Shaheen Seedat, a senior doctor at Mahatma Gandhi Hospital in Phoenix, issued a letter of demand to the Department of Health last week.
Seedat was suspended for allegedly failing to do a clinical assessment of a severely injured young man Riveshan Tandather, 19, who was brought to the hospital on July 11 last year.
The incident was widely covered in the media.
The MEC for Health, Sibongiseni Dhlomo, who instituted an investigation into Tandather's death headed by Dr Henry Sunpath, weighed in on the matter with a post on his department’s website.
“I am appalled by the manner in which a (man who was) critically injured in a motor vehicle accident was dealt with,” he said.
Dhlomo also said they would raise the matter with the Health Professions Council of South Africa.
Seedat’s suspension was lifted in October while the investigations into his misconduct continued.
After a three-day disciplinary hearing in February, Seedat was found not guilty of misconduct.
At the hearing, five witnesses, including three doctors and nurses who were on duty on the day in question and an “expert witness”, were called to testify.
Attorney Mervyn Sigamoney said all the witnesses confirmed that Seedat had no part in the treatment of the deceased.
“The evidence raised against Seedat failed dismally to support the charges against him. If anything, the hearing served to exonerate my client,” Sigamoney claimed.
He said they could not understand why the disciplinary hearing went ahead in spite of Sunpath’s investigation failing to produce substantive evidence.
“He (Sunpath) proceeded recklessly against Dr Seedat, with full knowledge that our client was not even the treating doctor of the deceased.”
Regarding the R20m damages claim, Sigamoney said his client was passionate about his profession.
“Dr Seedat could have easily gone into a more lucrative private practice, but he preferred to commit himself to public health care.”
Sigamoney said the news of Seedat’s suspension had spread.
“Some people speak in hushed tones, while others approach him directly about his suspension.
“On the day Dr Seedat’s suspension was served, he was frog-marched out of the hospital, in full view of the public and other professionals.
“The MEC must understand that Dr Seedat’s reputation was severely (damaged).”
The department was given 30 days to make the R20m payment, failing which a summons would be served.
The Department of Health was approached for a response to Seedat’s demand.
Samuel Mkhwanazi, the department’s spokesman, said: “Please be informed that it is not government policy to comment on such matters.”
Meanwhile, Kevin Tandather, the deceased's brother, said the investigation was still ongoing.
“My family is very frustrated that almost a year has passed and we still have no answers regarding my brother’s death.”
Sunday Tribune