Guyana Observer News

Health Minister asks Medical Council to review doctor’s suspension

Sunday, 14 February 2010

… Tortured teen probe

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By Michael Jordan
Health Minister, Dr. Leslie Ramsammy, has asked the Guyana Medical Council to review their decision to suspend Dr. Mahendra Chand for his unprofessional conduct while treating the teen who was tortured by police. On Friday, Dr. Ramsammy returned the case report that the Council sent to him some weeks ago. The Medical Council members had found unanimously that Dr. Chand was guilty of unprofessional misconduct. However, the members were divided on what disciplinary action the physician should face. Health Minister Dr. Ramsammy has repeatedly hinted at his disagreement with the suspension. In media interviews he has stated that Chand, the police physician, was damned if he did and damned if he didn’t.

He was recently quoted as saying that the doctor had two options; one was to walk away and not treat the teen and the other was to treat the teen with his head covered.
However, when he appeared before the Council, Dr. Chand had told the Council that upon reflection he should have demanded that the bag be removed, and if they didn’t he should have done so.
During the November 20, 2009 meeting, Dr. Chand admitted to several professional lapses while examining the teen at the Leonora Police Station.
These include failing to examine the lad properly for other possible injuries, failing to take notes or keep a permanent record of the case; failing to solicit the patient’s age or any information from the patient as to how he sustained the injuries; and failing to make a written referral for the patient to be admitted to a hospital.
In a subsequent letter, the Council informed Dr. Chand that based on his admission, his actions were “not consistent with the norms expected of a registered doctor in Guyana.”
The Medical Council subsequently found that Chand was guilty of professional misconduct and recommended that he be suspended for two months.
Records of the Guyana Medical Council’s meeting, obtained by Kaieteur News, stated that on October, 2009, an officer from the Lenora Police Station came to his residence, requesting the examination of a patient after dark on the grounds they didn’t want unnecessary publicity.
He arrived at the station at 18:00 hrs, and a naked prisoner, with head covered and accompanied by two guards, was brought outside.
He requested the removal of the bag but this was not done.
Upon examination there were superficial burns evident and the patient was in painful distress.
He stated that the police gave him the patient’s name, while he was writing out a prescription.
However, he was unaware of the prisoner’s age and the police did not provide him with any information as to how the patient sustained the injuries. Nevertheless, from his experience, he was aware that they were first degree burns caused by fire.
According to the Medical Council records, Dr. Chand explained that usually, a police medical report is supplied for completion, which would require the examination of the patient from head to toe. However, in this case no such form was given and he directed that the prisoner/patient be taken to the hospital.
Dr. Chand admitted he didn’t give a written referral, a practice he said was usually done at his office.
He conceded that this was not the right thing to do.
He added that because the patient was in “painful distress”, he prescribed ibuprofen and an antiseptic cream.
Asked if he would usually record his medical report in a ledger, Dr. Chand answered that the nurses at the Brickdam Police Station would make a short note but he was unaware if this was done in the teen’s case.
Section 17 (1) of the Medical Practitioners Act, 1991 states that Professional misconduct is conduct of a doctor connected with his profession which has fallen short, by omission or commission, of the standard of conduct expected of doctors.
Section 17 (3) of the medical Practitioners Act allows the Medical Council, upon a finding of professional misconduct to:
(a)    Censure the medical practitioner;
(b)    Suspend the registration of the medical practitioner for such period as may be determined by the Council and approved by the Minister;
(c)    Direct the secretary to remove the name of the medical practitioner from the register of medical practitioners.
Legal sources said that while Council can suspend a physician, the Minister of Health decides on the length of the suspension.

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