A NIGERIAN-BORN doctor practising at the Bethel Health Centre in Tobago will face disciplinary action on a charge of misconduct in the performance of his duties as it related to a patient in his care, a high court judge has ruled.
Justice Frank Seepersad yesterday dismissed a judicial review challenge of Dr Maxwell Adeyami against a decision by his employer - the Tobago Regional Health Authority - to institute disciplinary proceedings against him.
In his ruling, Seepersad ordered that Adeyami be subjected to disciplinary proceedings on the charge of misconduct, pursuant to regulations contained in the Regional Health Authorities (Conduct) Regulations. It is alleged Adeyami, after commencing treatment on Charles Roberts for extremely high blood sugar levels by administering insulin intravenously on May 12, 2014, left the Bethel Health Centre without taking steps to enquire about the patient’s status in accordance with regulations.
In the doctor’s absence, complications arose and Mentor Melville was forced to treat Roberts.
A letter of complaint was written by Dr Melville to the chief executive of the TRHA and the board, Adeyami was informed of the complaint and Jean Richard appointed to investigate the allegation.
Adeyami was afforded an opportunity to provide a written explanation in response to the allegation and he did so.
In his report Richard opined there was a ‘communication problem’ between Dr Adeyami and the nurse who managed the patient’s care and the doctor “failed to diligently look after the patient.} Dr Richard also stated that after leaving the health facility, Dr Adeyami was ethically obliged to call and enquire about his patient’s status. The TRHA board, after considering Richard’s report, determined that a charge of misconduct, pursuant to Regulation 19(1) (b) be laid against Adeyami.
A three-member tribunal was appointed.
Adeyami was suspended, following which he instituted legal proceedings against the decision to appoint the tribunal.
In his ruling, Seepersad said the court’s jurisdiction should not be invoked in an attempt to preempt a disciplinary tribunal unless there was some exceptional circumstance that required immediate intervention.
He also held that the decision to institute the charge was not irrational or actuated by bad faith.
The judge emphasised that there was a need for doctors in the public health care system to always ensure that the Hippocratic oath they took guided their conduct at all times.
“The quality of care that citizens receive at the nation’s public health care facilities is one that continues to be at the forefront of public concern.
As long as public health facilities are afforded to citizens, there is an obligation to ensure that the care afforded conforms with the highest available standards.” Adeyami was ordered to pay the TRHA and James’ costs for defending the action.
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