The Medical Council of Malawi (MCM) has fined the Managing Director of Good Hope Medical Centre Limited and penalized managers in public hospitals after finding 13 healthcare workers and institutions guilty of professional misconduct.
Out of 21 cases heard, MCM handed down 13 guilty verdicts, 7 not guilty, and 1 referral. The Council said the rulings have “significant implications for patient safety and delivery of healthcare.”
Good Hope: Consent failures cost top brass
In a rare move against private facility leadership, MCM found three people at the Blantyre-based Good Hope Medical Centre guilty over informed consent lapses.
The Council heard three separate, but related cases from the Blantyre-based private facility, all stemming from failures around informed consent.
Dr Enette Chipungu, Obstetrician and Gynaecology Specialist
The Council found Dr Ennette Chipungu guilty of converting a surgical procedure from a transvaginal to a transabdominal approach without obtaining the patient’s informed consent.
She received a written warning, was ordered to conduct a Continuous Professional Development (CPD) session on elements of informed consent as outlined in the 2022 Code of Ethics, and to pay a fine equivalent to 30% of investigation costs.
Nelson Msiska, Clinical Officer
Mr Msiska was found guilty of conducting a procedure without obtaining a patient’s informed consent.
Penalties include written warning, CPD on informed consent, and a fine of 30% of investigation costs.
The Managing Director, Good Hope Medical Centre Limited
The Council held the facility’s top executive accountable for presiding over surgical procedures conducted without patient consent.
The Managing Director received a written warning and was ordered to:
- Organize a CPD session for all practitioners at the hospital on informed consent; Pay a fine of 30% of investigation costs;
- Improve the hospital’s informed consent forms to make them comprehensive.
The Council’s decision signals that institutional leadership cannot escape liability when systemic lapses in patient rights occur, even when they did not personally perform the procedure.
Beyond Good Hope, the Council’s sweep covered 17 public and 4 private facilities and implicated clinicians and managers.
They include Andrew Master Mwale, a Clinical Officer at Kamuzu Central Hospital, who was found guilty of failing to consult a pathologist in a medicolegal post-mortem.
Mwale was fined full investigation costs, issued written warning, and ordered to do ethics CPD. KCH was directed to produce a conclusive post-mortem report.
At Bwaila Hospital, Duncan Chifuniro Banda, a Medical Assistant, was found guilty of inducing labour with an excessive dose of misoprostol, working beyond scope without supervision, and unauthorized sale of misoprostol.
Banda was penalized with written warning, 50 percent fine, CPD, refund of MK15,000 to complainant, and de-registration with a requirement to restart an 18-month internship at QECH.
On record-keeping and protocols, Officer In-Charge of Katoto MASM MEDI Clinic was found wanting for poor documentation and inadequate resources and was subsequently issued with written warning, 50 percent fine, mandatory ethics CPD.
On the other hand, an intern clinical officer at Chitipa District Hospital, Sydney Mkandawire, was found guilty of submitting falsified internship reports and forgery.
Mkandawire has been recommended for de-registration for 2.5 years, must restart 18-month internship after, plus CPD and 30 percent fine.
Meanwhile, Principal Medical Officer for Chitipa District Hospital, Dr Victor Matumbo, was found guilty of deliberately approving falsified reports.
Matumbo has been suspended for 2.5 years, issued with a written warning, CPD, and 30 percent fine.
In a press release issued on Thursday, MCM Registrar and Executive Director, Dr Davie B.S Zolowere, emphasized the need for healthcare workers to maintain professionalism in their work to avoid risking lives of the patients.
Zolowere said the concentration of cases from public facilities, 17 of 21, reflects the volume of service delivery, but the Council stressed that private facilities are not exempt from scrutiny.
The Good Hope determinations in particular underscore MCM’s stance that informed consent is non-negotiable and that hospital management bears responsibility for ensuring systems are in place to protect patients.
“These determinations communicate that professional conduct, documentation, supervision and respect for patient autonomy are central to safe healthcare,” the Council stated.
Healthcare workers and institutions found guilty have been given timelines to comply with CPD requirements, fines, and other corrective measures, with reports to be submitted back to MCM for verification.