AG, Medical Council meet on fixing gaps in laws and regulations to address malpractice, misconduct

Apr 02, 2021 News

Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, S.C., on Wednesday met with representatives of the Medical Council of Guyana (MCG) to discuss matters of revamping and improving the Medical Practitioners Act 1991.

Kaieteur News – Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, S.C., on Wednesday met with representatives of the Medical Council of Guyana (MCG) to discuss matters of revamping and improving the Medical Practitioners Act 1991 and the Code of Conduct and Standards of Practice Regulations 2008. The Council had requested the meeting with the Attorney General.

The delegation from the MCG at Wednesday’s meeting was led by Chairman, Dr. Navindranuth Rambaran; Legal Advisor, Attorney-at-Law Kamal Ramkarran; and Secretary, Juanita Johnson. Also present was Senior Drafting Consultant in the Attorney General’s Chambers, Ananda Dhurjon.

According to information released by the AG’s Chambers, the complaint of the MCG is that the legislation and regulations are defective in many respects, including that it makes it very difficult for the MCG to take disciplinary action against medical practitioners who may be guilty of professional misconduct and malpractice.

It was also emphasised, that there are major inconsistencies between the act and the regulations, which may have made the regulations ultra vires. Further, the Act is four decades old and has become outdated.

The Attorney General thanked the delegation for the initiative and expressed his awareness of the deficiencies identified. He also related his personal experiences, when as a lawyer in private practice, he lodged many complaints with the Council for and on behalf of victims of alleged medical malpractice, but they were never investigated because of the said deficiencies.

Nandlall also stated that he has filed several claims in the Courts over the past six years for medical negligence, some are in the system and some were settled with the State having to pay millions of dollars. He also lamented, the many reports in the media alleging medical negligence, resulting in the loss of life, without anyone being held responsible or culpable.

He reminded the team that the Government of Guyana is committed to modernising the entire legal legislative infrastructure, including the health sector and will happily work with every stakeholder organisation in this vital endeavor.

An arrangement was made for the Medical Council of Guyana and the Drafting Department of the Ministry of Legal Affairs to collaborate in establishing a draft Bill, which will be circulated for consultation with all stakeholders.

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