Doctors to face culpable homicide charge over death of 10-year-old boy

Paediatric surgeon Dr Peter Beale, 73, and anaesthetist Dr Abdulhay Munshi, 56, are expected to appear at the Johannesburg Magistrate’s Court on Tuesday in connection with the death of 10-year-old Zayyan Sayed.

According to reports, they handed themselves over at the Hillbrow police station after warrants for their arrest were issued on 9 December 2019.

The boy died in hospital on 11 October 2019 after undergoing laparoscopic surgery for acid reflux at Netcare’s Park Lane Hospital, in Park Town. Zayyaan’s lung collapsed after the procedure and he was taken to intensive care. However, little could be done to save the boy’s life.

Subsequently, Zayyan’s father, Mohammadh Sayed, opened two cases of culpable homicide against the doctors. They were also suspended from Netcare, pending an investigation into the boy’s death.

Beale’s lawyer, Jeanne Albertse, told News24: “As previously indicated, Dr Beale stands ready to assist fully in any legitimate investigation into this matter by the appropriate authorities”.

More families come forward

The boy’s death, however, unleashed a storm as more families came forward with their own stories after their children either died or were left with permanent impediments, under the doctors’ knives. 

According to The Sunday Times, said prior to his suspension, Beale was under a Netcare peer review after previous complaints were made against him; fined R80 000 by the Health Professionals Council of South Africa (HPCSA) in 2018 for, among other things, gross negligence; and was suspended by Mediclinic in November 2016.

In the wake of the fresh allegations, the HPCSA launched its own probe into the doctors’ conduct.

The South African Society of Anaesthesiologists (SASA) has meanwhile, condemned the arrest of Munshi, calling it “a direct threat to healthcare delivery in South Africa”.

SASA CEO Natalie Zimmelman said the arrest warrant was neither in the interest of the public or healthcare system.

“It will not result in delivering answers more quickly to the family of the child who died,” Zimmelman said.

SAMA: Case should not be litigated in media

The South African Medical Association (SAMA) has, however, warned against making any pre-emptive judgments while the investigation is ongoing and said that the case should not be litigated in the media.

“A proper investigation must be conducted to assess all the factors that may have played a role in the outcomes in the cases in which the doctors are accused of negligence. It is also necessary that these factors are addressed at a systems level to ensure they are not repeated in future.”

SAMA chairperson Dr Angelique Coetzee

“The inclusion of medical professionals in the investigations is critical as these professionals understand the nuances of what might have gone wrong and that any investigations should be fair and transparent,” Coetzee added.