Mphengoa Phooko

Full Profile

Mphengoa has over 23 years’ experience. For the past eleven years, her primary focus has and continues to be representing clients in healthcare; (including medical negligence, professional conduct and impairment matters) employment and regulatory law.

Mphengoa has served on professional conduct committees in medical, supplementary health and nursing professions. Mphengoa also has extensive experience in medical malpractice matters and provides advice on all types of health sector disputes.

Mphengoa provides a range of assistance to clients on employment issues, including conducting investigations on misconduct and initiating disciplinary proceedings on behalf of clients, advice on employment equity, collective bargaining and labour litigation.

Mphengoa obtained a B Proc (Unilim), LLB and  LLM from the University of Pretoria and was admitted as an attorney in July 1997.  She has the right of appearance in the High Courts of South Africa.  She is a trained mediator who believes in the amicable resolution of disputes other than through the courts.

Experience

• Conducted investigations on the payment of kickbacks to specialist medical practitioners for referral of patients to radiology and pathology practices.  These investigations paved the way for the development of regulations on financial interest in healthcare establishments by medical practitioners.
• Served as project manager, appointed by the Department of Rural Development and Land reform, managing a project to provide legal assistance to indigent farm dwellers against evictions, institution of land claims and labour tenancy claims.  The project is important to the South African government in that it assists the government in achieving one of its strategic goals of restitution of land and securing tenure for farm occupiers.  The project also protects vulnerable occupiers who face the real risk of eviction without due process.
• Recently investigated misconduct by the Chief Operations Officer of a regulatory body.  The employee involved resigned on receipt of the charge sheet
• Initiated disciplinary proceedings against the head of procurement for a regulatory body.  The employee resigned during the disciplinary hearing
• Advised an insurer and made written submissions on draft regulations in healthcare insurance, which sought to exclude insurers that were not registered in terms of the Short-Term Insurance Act in South Africa.  Following the representations, the draft regulations were withdrawn
• Acted for a family against a practitioner who acted negligently in a liposuction procedure, by removing too much fluid from the patient.  The patient subsequently died.  The practitioner was found guilty and suspended from practice for 6 months
• Acted as proforma complainant against a medical practitioner who had conducted multiple unsuccessful spinal surgical procedures on patients.  The practitioner was found guilty and erased from the register of medical practitioners
• Currently serving on the investigations committee of the Legal Practice Council and as chairperson of the Appeals Committee of the Nursing Council.