Specialist obstetrician and gynaecologist, Dr Ganes Anil Ramdhin, has lost his admission privileges at the Rondebosch Medical Centre after returning from his year-long suspension for professional misconduct.
Ramdhin made an application to the Western Cape High Court for the hospital to set aside a decision by the newly established Physicians’ Advisory Board (PAB) which prohibited him from treating and admitting patients to the private medical facility.
Ramdhin was granted admission privileges by the former owner of the hospital and the agreement was not recorded in writing, according to court documents. The duration and the circumstances under which it would be terminated were left to what Ramdhin referred to as “an unarticulated understanding between the parties”.
In June last year, Ramdhin was suspended from practice for one year by the Health Professions Council of South Africa (HPCSA), after he pleaded guilty to two counts of unprofessional conduct.
Ramdhin’s period of suspension from practice ended on May 23, 2024, and his suspension was lifted by the HPCSA on June 3.
However, after returning from his suspension period – during which the ownership and management structure of the hospital had changed – the PAB was established and the board adopted a policy which regulates the exercise of admission privileges at the facility.
The policy for admission privileges was subject to renewal and requires the completion of updated information. Ramdhin was not allowed to renew his admission privileges, the court documents read.
The judgment by Acting Justice Brendan Manca, read: “(The hospital’s) case is that the agreement giving rise to Ramdhin’s admission privileges contained a term implied by law to the effect that (his) admission privileges would terminate should he no longer be able to practise his profession. The hospital contends the effect thereof was that when he was suspended from practice and his registration was deemed to be cancelled under the HPSCA, the admission privileges were terminated by operation of law.
“As I have already indicated, the (Health Professions) Act makes it clear that if a medical practitioner is suspended from practice, his or her registration certificate is deemed to be suspended, and the medical practitioner must immediately cease to practise until such time as the suspension of his or her registration is lifted.
“I accordingly find that the applicant’s admission privileges were terminated by operation of law upon his suspension from practice.”
Enquiries to Ramdhin’s legal representative and the hospital were not answered by deadline on Tuesday.
Cape Times