Ballito paramedic cleared of unprofessional conduct

A Ballito paramedic facing a public inquiry for unprofessional conduct was cleared of all charges last week.

Gareth Buckenham, a paramedic with IPSS Medical Rescue, was facing two charges of unprofessional conduct before the Health Professions Council (HPCSA) resulting from the treatment of Simbithi resident Adrian Garvey in June, 2020.

Garvey, a former Sharks and Springbok rugby player, dislocated his hip in a fall from the balcony of his Simbithi home early in the morning of June 25, 2020.

His wife, Melisa, called IPSS Medical Rescue and asked paramedic Buckenham, when he arrived, to take her husband to Alberlito Hospital, the nearest hospital in Ballito.

Garvey testified at the inquiry, which started on November 25 last year, that instead he had been taken to Victoria Hospital in Tongaat. Buckenham told Melisa Garvey that Alberlito was not taking patients and his control room had diverted the ambulance to Victoria Mediclinic in Tongaat.

“I spent 6 hours there. I was in the most terrible pain. It was a nightmare,” Garvey said.

Two attempts to relocate his hip failed and eventually Garvey’s personal doctor ordered his transfer to Gateway Hospital in Umhlanga where Garvey was successfully treated.

Over the next few days Garvey said he had been given various reasons by Buckenham and IPSS operations director Paul Herbst – that Alberlito had no available beds, that no orthopaedic surgeons were on duty and that their X-ray machine was broken – a claim denied in evidence by Alberlito general manager, Thulasizwe Mngadi.

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The prosecution claimed Buckenham had disregarded Garvey’s wish to be taken to Alberlito Hospital and had taken him to Victoria Mediclinic because of a business relationship between IPSS Medical Rescue management and the Victoria casualty unit.

The company’s register and the unit’s stationery showed that IPSS Medical Rescue directors Paul Herbst and Samantha Douglas (Meyrick) had been directors of the casualty unit at the time.

However, the inquiry rejected evidence by IPSS Medical Rescue control room operator, Dilan Maharaj, that he had been told by Alberlito staff that the wards were full.

“Maharaj did not cover himself in glory in his testimony,” said inquiry chairman Adv T Boikanyo, as he had contradicted himself several times.

“Maharaj was responsible for telling Buckenham that Alberlito was full. There is no evidence that Buckenham would have known this was not true. Maharaj either did not call the hospital or he may have misled Buckenham.”

Adv Boikanyo ruled that the possible conflict of interest of IPSS Medical Rescue directors’ business relationship with the Victoria casualty unit was not part of the inquiry, but gave a warning that the matter might not be dismissed out of hand.

“There might be a need to interrogate that role and another forum would have to do it,” he said.

Gareth Buckenham was found not guilty on both counts of unprofessional conduct.

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Immediately after the verdict, Buckenham said he was relieved at the outcome as the 21-month long saga had been stressful.

“I have resigned from IPSS Medical Rescue and I am taking up a contract overseas. I believe I was collateral damage in this dispute between Mr Garvey and IPSS, but I do not want to comment further.”

Former IPSS Medical Rescue director Paul Herbst, who had also left the company, said he was satisfied with Buckenham’s acquittal

Speaking from his Simbithi home, Adrian Garvey said the process had convinced him that the medical rescue industry was largely unregulated.

He had laid the complaint against Buckenham because the HPCSA would only hear complaints against individuals, not companies.

“I wanted to protect the Ballito community from future situations like this. Should members of the community find themselves in similar situations, they should be prepared. Have the number of your preferred service handy, know what your medical aid allows and insist on being taken to the hospital of your choice. Do not allow yourself to be misled,” Garvey said.

“These two years have been difficult for me and my family, but hopefully it will do some good in the long run.”

Garvey was represented at the virtual inquiry by Adv Meshack Mapholisa and Buckenham by advocates Victor Voorendyk and Ian Dutton. The HPCSA was represented by a committee of 5 council members.

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