Hospital loses appeal to change radiologist

A NEW private hospital scheduled to open next year has lost its Durban High Court appeal bid to change its radiologist and service provider.

Judge Graham Lopes, who in July declared that the sidelining of Dr Leon Perumal as the radiologist and service provider by Ahmed Al-Kadi Private Hospital was invalid and set it aside, recently refused the appeal which the hospital had lodged.

The court’s decision is a big blow to the hospital’s majority shareholders, the Islamic Medical Association Baytur Nur Trust, because the hospital has been restrained from appointing another radiologist.

Perumal, represented by advocate Anand Choudree and attorney Derik Jaftha, had challenged the decision of the owners of the hospital, situated in Mayville, Durban, to have another radiologist run its radiology department.

Judge Lopes said Perumal and the hospital had concluded a firm agreement and they were bound by its contents.

The hospital claimed in its appeal that the judge had erred, but Judge Lopes said that in refusing the appeal he had also considered two other issues.

“Firstly, was the appointment letter a contract and secondly, if so, did the hospital breach the contract? At the end of the trial I concluded that the agreement was breached. I have considered the arguments (made during the appeal) and I do not believe that another court will come to another decision. Therefore the application for leave to appeal is dismissed with costs.”

The hospital’s counsel indicated to the court that it would appeal to the Supreme Court of Appeal.