Sixteen doctors at a KwaZulu-Natal hospital who allegedly ignored life-threatening emergencies during their strike face a probe by the Health Professions Council of South Africa (HPCSA), the body said on Monday.
This was the first strike-related complaint it had received, according to a statement.
The 16 work in Addington Hospital’s paediatric department.
”Despite numerous warnings from the HPCSA, certain doctors have chosen to act in contravention of the law and continue with their illegal strike action, thereby possibly placing the lives of the public in danger,” said HPCSA registrar advocate Boyce Mkhize in the statement.
Should the 16 be found guilty of ”improper or disgraceful conduct”, they might be reprimanded, fined, suspended from practising for a specific period or have their names removed from the register.
The HPCSA also noted that some doctors had dared the department to fire them for striking, saying they preferred emigrating or going into private practice.
Mkhize cautioned them that being slapped with a penalty could have a huge bearing on their prospects of being employed in other countries.
”The HPCSA issues a certificate of status — a pre-requisite for registering in another jurisdiction — and other regulatory bodies would not knowingly register doctors with issues of misconduct against them.”
Mkhize said the HPCSA was bound by its mandate to protect the public and that it treated every complaint received ”in a very serious light”.
In terms of the Health Professions Act of 1974, the HPCSA can launch an enquiry into doctors’ conduct during an unprotected strike, as this amounted to unethical conduct.
Doctors could also be investigated for ”ignoring the ethical rule of placing the patient first and ignoring the patient’s right to access healthcare as enshrined in the country’s Constitution”.
On Saturday the KwaZulu-Natal health department was granted an interdict by the Durban Labour Court, preventing doctors from taking part in the strike.
On Wednesday the health department tabled a revised salary offer, which, among others, offered lowest-paid workers increases of between 31% and 53%.
Mkhize said there were no legal provisions allowing doctors to strike.
”Even if doctors were not satisfied with the offer, the law, ethical rules as well as the oath doctors take upon entering the profession of medicine prohibits them from embarking on a strike.
”While some comments have been made that doctors have been left with no other alternative and that this strike is their last resort, we want to state categorically that the law makes no provision for such measures … otherwise we will have to excuse a poverty stricken person who feels justified to steal as his last resort. You cannot break the law and argue that this is your last resort,” he said. — Sapa