Family plan to sue medical practitioner after baby’s death
THE family of one of Dr David Sello’s victims plan to take legal action against the medical practitioner, who was found guilty on 26 counts of medical negligence and had his practice licence revoked.
The Health Professions Council of South Africa (HPCSA) revoked his licence this month after complaints by patients.
The Potchefstroom-based doctor was found guilty of the deaths of three patients, including a one-year-old girl, Mbali Matlo (Baby Mbali), on whom Sello performed a skin graft. Sello is still to appeal against the decision of the committee.
Although the families were pleased with the HPCSA outcome, they felt justice still needed to be served because the judgment was not from a court of law.
Baby Mbali’s father, Ntsikelelo Mthuzula, said he planned to take the case further. “I am taking this to the next level. I am not letting him go free like that. I am going to sue him. He killed my daughter.”
It is unclear whether a criminal case will be pursued by any of the families or patients who Sello left with injuries.
HPCSA spokesperson Priscilla Sekhonyana explained: “Insofar as cases that are investigated by the police, the courts or the laws of South Africa, the HPCSA does not have jurisdiction over such matters. The complaints, which are lodged with the HPCSA, are those that involve unethical conduct or unprofessional conduct of the practitioners registered with the HPCSA.”
At his final hearing, Sello’s wife disclosed to the HPCSA committee that her husband was once admitted to a psychiatric hospital. The organisation said it was not aware of this at the time of his admission.
The doctor, who treated Sello, was obliged to inform the HPCSA about his condition, in terms of the institution’s ethical guidelines, said Sekhonyane.
According to the HPCSA’s guidelines for good practice in the healthcare professions, students, interns and practitioners are obligated to report their own “impairment”, or that of others, to the council’s board if “they are convinced that such student, intern or practitioner is impaired”. The guidelines define impairment as “a mental or physical condition, which affects the competence, attitude, judgment or performance of professional acts, by a registered practitioner”.
“Once it has been reported, the healthcare practitioner will be subjected to the HPCSA Health Committee investigation,” Sekhonyane said.
Sello’s wife confirmed to the committee that she knew her husband had been admitted to a psychiatric hospital in Potchefstroom. “I played a role because I was the one who forced him to seek help.
“I took him forcefully to the hospital,” she said.
She told the committee that she and her husband were not aware that they were supposed to report Sello’s condition, or that he was admitted to a psychiatric hospital.”
Sello’s lawyer, Raphepheng Mataka, said he could not comment on whether or not they would appeal because they had not received the full judgment from the HPCSA.