Medical council probe ongoing

Dec 16, 2009 News

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– Recommendations must be sent for health minister’s approval

By Fareeza Haniff

The Guyana Medical Council is still carrying out investigations into the actions of police surgeon, Dr. Mahendra Chand, who treated the tortured teen while in police custody and if any recommendation is made by the council, then it has to be sent for approval by the Health Minister.
This is according to Minister of Health, Dr. Leslie Ramsammy who at a press conference yesterday told media operatives that the medical council by law has to ensure that whatever recommendations it makes is sent to the Minister of Health for consideration and possible approval.
Contrary to reports that the council has recommended that Dr. Chand be suspended, Minister Ramsammy said he was informed by the chairman of the council that investigations are ongoing and the council is still to make a recommendation on what action should be taken against the doctor.
The Health Minister explained that upon hearing the presentation by the police doctor, the council was not convinced that no action should be taken. Taking this into consideration, the council then asked the doctor to put in writing what took place during his examination of the tortured teen.
The council in a further discussion decided last Friday that they needed to take a certain course of action. The council has not yet recommended that the doctor be suspended, Minister Ramsammy stressed.
However, if the council is satisfied that something was not done in the best interest of the patient, one of three things can be done – they can revoke the licence of the doctor; suspend him for a certain period of time or rebuke the physician and allow him to continue his practice under some scrutiny.
“Having considered the three things they (the medical council) can do, the medical council asked the doctor to respond to them, explaining why he thinks they shouldn’t take action or what action they should take.”
According to Dr. Ramsammy, the medical council is being cautious in the sense that they are giving the doctor every opportunity to explain himself so that persons cannot argue that the council acted arbitrarily and a court cannot state that they did not act in a fair and transparent manner.
“In the past, when the medical council had acted, doctors went to court and got the court to issue injunctions against the council, so this time the council is working step by step, making sure that no one can say that they didn’t act within the law, within the regulations that they have been provided with or that they have not afforded anyone the opportunity to have an input,” Minister Ramsammy explained.
It was also noted that the persons with whom the doctor had worked are being asked to give their views on what action should or should not be taken against the doctor.
In November 2008, Minister Ramsammy signed new regulations under which physicians must act. The regulation was gazette as ‘The code of ethics for medical practitioners.’
In this regard, Dr. Ramsammy will act based on the recommendations made by the council and his actions will be defined by the code of ethics for medical practitioners.
“If the medical council reports a certain kind of behaviour by any physician, then I will act in accordance with the code of ethics.”
While the Ministry of Health has the responsibility to regulate doctors, it is done by an independent mechanism, which is the Guyana Medical Council.
Dr. Ramsammy also explained that the medical council acting in its right upon reading newspaper accounts and seeing television clips on what transpired with the teen, decided to call in one of its licenced doctors to enquire about the issue.
It was explained that the investigation was not initiated by anyone making a complaint against the doctor. In this aspect, Minister Ramsammy said the council has the right to investigate a case without someone making a complaint, since they have the power to initiate an investigation if they believe that a licenced physician might be acting in a manner that is not in the best interest of a patient.
Police surgeon and Government Medical Officer, Dr. Mahendra Chand, had stated that a police officer had visited his home on October 29 last and asked him to examine a prisoner at the Vreed-en-Hoop Police Station.
The physician had revealed during a Kaieteur News interview that he never sought to ascertain the patient’s identity.
Dr. Chand recounted that the prisoner was brought out from the lock-ups with his head concealed.
“His head was covered and I thought that he was just another prisoner in a domestic matter who was brought in with injuries and that the police were trying to conceal his identity. I did not know who I was treating,” Dr. Chand had said.

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