We were coming off a massive co-vid wave, he was returning home from an icu shift, having helped the hospital team deal with a patient surge. Despite all the hate and keyboard warriors tearing this poor man’s unblemished 30yrs career apart after believing some of the most irresponsible and sensationalist medical media reports, we have experienced.
https://www.facebook.com/share/p/tNJ4Lu4tttHyx9az/
He found the strength and confidence to return to work and help his colleagues, hospital staff and patients.
To date there has been no updates on his case from a prosecuting agency that took a few weeks to find “prima facie” evidence of culpable homocide against this doctor and arrest him.
The media houses that automatically dragged his reputation and name through the mud, without any understanding of the relationship or science behind what his profession or role was in a theatre, are silent.
You might have forgotten.
Doctors have not forgotten.
Did you guys learn from this? Has it changed?
Do you guys just look for the next dramatic one sided story to print against a doctor that cannot speak or defend themselves ethically and legally.
Do you guys understand why, what you do, puts us in danger on the frontline?
Learn from his loss at least.
#DropItAndWait #BeforeItIstooLate #ItWasTooLateForHim.
The Prof Beale trail is postponed till November 18th.
Interview given before Dr Munshi’s death:
Why did I start this petition? News24 (South Africa) interview. ( It was not printed).
Interview request 09/03/2020
Here were my questions (asked 10/03/2020)
and my responses (given 10/03/2020)
1).What made you start this petition?
http://chng.it/RTfWcGdJ
The aftermath of watching a video of two experienced colleagues of mine (with about a combined 7O years of expert medical experience behind them) being handcuffed together and marched out in front a police station made me ask myself:
Why have I never seen any other professional i.e judge, journalist, lawyer or politician (let alone a criminal) being put into the back of police van, in full view of the public, like this, before? So, there must be something more to this story than meets the eye or has been reported.
The effect was profound, I was confused, angry and for the first time in my career I was uncertain of my medical instinct. I closed my busy practise and decided to investigate and obtain as much information with regards to this story as I can find. I used the my Facebook group “SA Doctors United” to post my findings.
All doctors where initially not to concerned with the early media reports, we are very used to it, it has become a normal occurrence and well documented internationally that reporters and media outlets always seem to “love the drama and negativity” when it is related to doctors. In the case of Prof Beale and Dr Munshi it was and remains a classical example of the above.
Many of us knew or felt that the prescribed medico-legal processes will eventually follow through and a more accurate account would be made available to the public and doctors to consider.
It was only after the actual arrest warrants where granted prior to the formal inquest/medical review and with the now infamous video of both doctors being handcuffed and escorted into a police van to attend their court hearing was posted, did it all become apparent that this was a serious issue and we needed to speak out.
The petition was started to create global awareness and inform the international public about the dangerous precedent that has been set by our national prosecution agency by prematurely criminalising a medical related death that has not followed the standard investigate and prescribed processes.
2). What has been the reaction to the petition?
The feedback has been united and uniform, across the board. It is evident in every media statement released by our union SAMA, our governing body HPCSA and every medical fraternity operating within South Africa.
We have major concerns and we need help to stop a disaster.
The petition has reached close to 67 000 signatures and comments. I have personally received numerous messages and official statements of support from the global and national medical societies, including the World health organization.
The internationally based medical protection society and numerous legal associations have also officially endorsed the petition through formal statements. (All posted as updates on the petition.)
What is noticeable is that members of the local public and around the world have decided to look closer into this story after reading the petition and the reviewing numerous updates.
The public have read the numerous comments from doctors and medical societies after this majority of them have signed the petition after recognised the problem and consequences of this premature criminal legal action. They want answers and are now asking questions rather than just believing “the prima facie” reporting.
3). What is are your general thoughts on criminal charges against the two doctors?
I am very concerned about the thought process used to lay the charges prior to following the formal prescribed protocol, it has effected all healthcare professional overnight.
The medical community is broken and paralysed by the calculated attack from certain media outlets. The combination of poorly informed and misunderstood national reporting on this matter can not be understated. Despite numerous attempts to inform, educate and warn the relevant new agencies, their impatience at “getting an up and down story out there” started the vicious cycle of events that has created a fracture in the country’s doctor patient relationship.
Watching two experienced colleagues handcuffed and escorted to court in a police van in full view of the public, for what looks like as per the reports, a medical complication related to medical intervention, has had an unprecedented effect on the medical communities psyche and decision making process with regards to patient care.
We feel betrayed, Broken and bullied by the people we have dedicated our lives to taking care of.
4). Many families have come forward to tell their stories of what they feel was negligence on behalf of Dr Beale towards their children. What are your thoughts on this general and also in relation Mo Sayed’s case – who laid the criminal charges against Beale and Munshi?
These poor families that have suffered loses are my main and primary concern. The bizarre process that has taken place that has lead to the premature criminalisation of the case against both the doctors concerned is or has created a defensive stance that their medico-legal lawyers will take up.
The answers and information that these grieving and angry families require to allow them to gain closure, curtail their anger and treat their grief will now be even harder to obtain purely because this is now a criminal matter rather than an inquest or medical legal mediation.
This type of situation required early communication of answers rather than prolonged suppression of questions.
The unprecedented move to prematurely arrest the two doctors concerned and to feed into the anger and grief relating to the families of the patients concerned has now tasked the national prosecuting agency with an extremely complex and sensitive criminal case that has gained world wide attention.
The NPA has chosen to take up the challenge to provide the answers and evidence required for these numerous families. There is a thin line between medical negligence and culpable homicide and the line between medical negligence and unavoidable medical complications is even thinner.
This line is often deliberated and highlighted by the same medical fraternity that has been paralysed and angered by the lack of the prescribed process that should have been followed prior to the arrest.
It is imperative that should the NPA continue criminal legal proceedings against these two doctors, they will have confirmed that they have accepted the responsibility help all the families get the answers that they need, to move on in their grief. Should they fail to do so or not following through with their promise, it will be a gross injustice on their side to have accepted the task in the first place, before allowing the prescribed medico-legal processes to be followed.
They have accepted the task and everyone is now watching and waiting for the follow-up.
All grieving families have wounds that require answers and information to allow healing. Theses answers require time and patience to achieve. Some families have had their old scars re-opened and new doubt placed in their mind due to the extensive media campaign against these doctors.
In medicine it is the oldest scars that take the longest to heal from new inflicted wounds.
5). Do you think criminal charges set a bad precedent for medical professionals to do their jobs?
Without a doubt, it would be ignorant and naive to think that these criminal legal actions would not have a negative effect on the entire profession.
The medical profession has been shaken by the actions of the NPA and Views of the South Africa public in general.
Doctors have a Full right to be emotional.
Patients should be as well.
It is dangerous to have an emotional doctor treating patients in this country right now.
Fear and anger can cause problems.... as the HPCSA have warned....
“If the legal approach used in the case of Professor Beale and Dr Munshi is perpetuated, the board is concerned that medical doctors will in future allow patients to die naturally without their intervention for fear of being criminally prosecuted,” it said in a statement.
With regards to doctors and prosecution, there might a misinterpretation or misunderstanding from the general public. When a death is related to any healthcare professional treating a patient there is a different set of rules that need apply, this is in place to stop everything that has happened and will happen now, that there is threat of a trail by media and premature arrest.
As per the HPCSA....
“The board calls upon the legal authorities to exercise due diligence in terms of the laws of the country in dealing with death of persons undergoing a procedure of therapeutic, diagnostic or palliative nature,” it added.”
The legal process to investigate this case was not followed or reported fairly, the trail by media and premature arrest prior to the medical investigation completing is what is is causing the “emotions”
There is a lot more to this case than meets the eye and the sad thing is the premature arrest is diluting the issues at hand. It will distract away from the main topic.
A child passed away following a surgery and the parents and community want to know why, so they can move on.
Hopefully the fair process can and will continue, common sense and logic will prevail.
6). What have you heard in the medical field regarding this case? Has it been a mixed reaction or a does everyone seem to agree with each other?
The 66 000+ people are supporting the call for proper medical negligence/inquest procedures to be followed prior to the arresting the two medical doctors for “homicide”.
Many patients are confusing their poor experiences with the doctor in question with regards to the premature arrest and charge of culpable homicide.
What is culpable homicide?
Culpable homicide is the unlawful, negligent causing of the death of another human being.
Does Prof Beale’s alleged arrogance, poor bedside manners and lack of communication account to “homicide”? Or is it just horrible bedside manner/behavior?
The above mentioned complaints will be reviewed in the formal medical negligence/HPCSA investigation, which is what the petition and every medical doctor with a conscience is asking for.
Culpable homicide is the only common law crime for which proof of negligence as opposed to intention is sufficient.
At this moment there is no proof of negligence because there has been no formal medical investigation completed.
Please remember that there is still a family that require the answers for the tragedy of losing a child.
The anger, emotive thinking and actions that have lead to the culmination of “criminalizing” this investigation, will now cloud the medical negligence claim and paralyze the medical profession.
Hence the #dropitandwait for the proper investigations to take place #beforeitistoolate
7). The procedure that Zayyaan and baby Alyssa underwent, the nissen fundoplication, is that a routine procedure?
Medicine is not an exact science. There is no such word as “routine” especially when discussing surgery.
Any procedure wether termed major or minor can encounter complications from almost anything relating to the patient, surgery or doctor, this is why patients, parents or family always sign detailed consent and indemnity forms prior to any surgery.
This is an agreement that confirms you are allowing the doctor to perform the procedure knowing that a complication can or might occur.
I often tell my patients, when they ask about risk in surgery: deciding to have surgery it is like crossing a street to get to the other side, you can get knocked by a car every time you do it or never, So if you choose to have surgery you have to cross the street because you must in order to continue functioning, knowing there is a risk that is always present.
Complications can and will occur especially the longer you operate and if you operate in difficult complex cases that no other surgeon has the experience to perform. No matter how “good” a surgeon or doctor can be the human body is human after all. The risks of being human will always be a risk.
A doctor or surgeons actions and profession is a difficult one, you’re only as good as your last complication and your good cases will never make the front page.
.....Is there anything else you’d like to say that I haven’t asked you?
8.) Have doctors noted any trends in complaints, litigation and patients attitude toward them?
If a patient’s family suffers a tragic loss and the family want answers immediately and allow their anger to dictate their decisions, what is stopping them from laying a charge of homicide and expecting the doctor to be arrested immediately without waiting for the inquest or the medico-legal investigation to take place?
Why should that family be treated any different to this case?
This is why we are so concerned that in the event that we do everything we can and a family suffers a loss, their anger now has channel to directly effect the doctors involved without allowing due, fair and prescribed processes to be followed.
The knock on effect is disastrous:
Medical insurance will rise to include criminal legal fees.
Doctors will be performing more tests resulting in the cost of healthcare rising due the increasing practise of defensive medicine.
Patient will be paying more and waiting longer.
But the Most concerning is as per the HPCSA:
“If the legal approach used in the case of Professor Beale and Dr Munshi is perpetuated, the board is concerned that medical doctors will in future allow patients to die naturally without their intervention for fear of being criminally prosecuted,”
This can not be stressed any more and South Africa needs to be concerned.
9). Where does this leave doctors and especially specialists?
We don’t know, that is the most upsetting and frustrating thing. Since the arrests in Mid December, the medical fraternity have been looking for leadership from at bare minimum our department of health.
Sama and The HPCSA have also pledged to get us clarity from the department of justice and the NPA but till today, as we speak, there has been no response from any of the four entities cited in the 66000 strong petition.
There has not even been an acknowledgement that they understand the current difficulties doctors, patients and South African healthcare is facing at the moment.
So we wait and put up a brave front and continue trying to treat patients under this dark cloud because if we don’t do it, who will?
As a final thought:
There are some very sinister forces that have influenced the public/media by the way they managed to get these cases reported.
Many suspect it was a calculated move that intended to cause the premature arrest of the said medical practitioners.
Whether the motivation was anger, frustration, revenge, guilt, grief or a “power play”
There is one thing everyone wants and needs as soon as possible ....that is answers and the truth.
A child passed away post-operatively and it has to follow the set international due process when dealing with death under medical circumstances.
It is the only way everyone can move on and heal. It also will stop and highlight how the said complications/circumstances can be avoided in future cases.
This unprecedented and premature act of arresting the doctors following an organised “trail by media” and without waiting for the formal medico- legal investigation to be completed should be raising alarm bells for the public as it has with the all the medical professionals.
The action was short-sighted as it did two things:
It has sent shockwaves through the medical field and as indicated in all the responses from the medical societies. It has and will further paralyse the medical field and will cause major negative implications on patient care. The threat of charges and now unopposed premature action of arresting doctors for pre-investigated patient deaths will and has become a new tool to be used to further bully the profession and to cause early settlements. Aggrieved angered families can now use this weapon for revenge, even if the doctor tried their best to help.
Secondly:
It has diluted the fact that there is still an active Medico-legal investigation that needs to be completed. It will hamper a neutral view naturally, with the threat of criminal arrest looming over the same medical professionals that are reviewing the case.
The one good thing about this criminal case proceeding is that the “criminal evidence” will be public knowledge, the process and influences will become apparent and motives will be uncovered.
It could be very embarrassing, heart breaking and shocking if most doctors suspicions are correct.
The public, media and medical Fraternity will get their questions answered.
Who knows there might be other criminal, civil, defamation and HPCSA charges to follow.