A group of cancer patients have achieved a significant legal victory after the Western Cape High Court ruled in their favour in a dispute over the dismissal of their long-time oncologist, Dr Louis Kathan, from Life Vincent Pallotti Hospital in Pinelands.
The court ruling, delivered by Judge Eduard Wille, declared that the hospital’s actions in terminating Dr Kathan’s practising rights were “heavy-handed, unlawful,” and in direct violation of patients’ constitutional rights – particularly their right to make informed decisions about their healthcare.
The case followed Life Healthcare Holdings’ decision to cut ties with Dr Kathan amid allegations of inappropriate conduct, including offensive comments related to race, gender, and sexual orientation.
‘Direct and harmful effect’
According to the hospital, these complaints led to resignations within the medical team and the implementation of a chaperone requirement for Kathan.
Despite these measures, tensions reportedly remained unresolved.
However, the court found that the hospital failed to pursue a fair, proportional, or rehabilitative approach before terminating the oncologist.
Judge Wille emphasised that the hospital’s decision had a “direct and harmful effect” on vulnerable patients, some of whom had been under Kathan’s care for over a decade.
“There was no rational basis not to pursue a rehabilitation process,” Wille stated.
“The removal of Dr Kathan without offering viable alternatives or assessing the clinical impact obstructed access to medical care and violated both hospital policy and constitutional protections.”
While acknowledging the seriousness of the complaints, the judge noted that the allegations lacked sufficient evidence to prove discriminatory intent.
Dr Kathan, who identifies as a gay man of colour, denied any hateful motivation behind his comments.
The court’s focus ultimately turned to the rights of the patients rather than the character of the doctor.
“This case is not about vindicating Dr Kathan,” Wille clarified.
“It is about protecting the rights of patients to continuity of care.”
The judgment has sent shockwaves through the South African medical community, highlighting the need for improved protocols and transparency in private healthcare institutions when dealing with internal conflicts involving medical professionals.
Health law experts say the ruling could set a precedent, reinforcing the legal obligation of private hospitals to uphold patient rights, even amid complex personnel disputes.
Life Healthcare Holdings has yet to comment on whether it will appeal the decision.
Meanwhile, Dr Kathan is expected to resume treating his patients at the hospital in the coming weeks, pending administrative formalities.
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