“Further, we need this system to be transparent and safe for people engaging in healthcare in Cayman. We understand individuals are being granted institutional list registration for positions without completed residency programmes. This is alarming to us and should be alarming to everyone.”
Dr, Yaron Rado, Board Chairman and Chief Radiologist – Doctors Hospital
(CMR) Doctors Hospital has been granted leave for judicial review by the Grand Court in order to legally challenge the Cayman Islands Government (CIG) over its ongoing failure to formulate and publish criteria used to assess healthcare facilities allowed to hire “institutionally registered” medical practitioners.
The lawsuit alleged that the government has failed to formulate, publish and apply a transparent criterion for designating and supervising these facilities so the public can be assured there is adequate supervision of the less qualified and less experienced practitioners they employ. They further argue that without these criteria being in place Cabinet's power to regulate a facility can be exercised arbitrarily and is not in keeping with the initial purpose of institutionally registered practitioners being allowed to practice at these facilities.
A pre-action letter was sent to CIG on April 23, 2021 asking about said criteria for granting and reviewing designations under section 24(a)(2) of the Health Practice Act (2021) Revision. The attorney general replied that (1) there is no criteria (2) CIG is unaware why these current facilities were granted this status (3) there is no arrangement for supervising the ongoing suitability and of those facilities.
A second letter was sent to the government giving them an opportunity to commit t publishing criteria for granting and reviewing authorization, failing which legal proceedings would commence. No reply was ever received.
Another key area of contention is that there is a complete lack of regulation of doctoring claiming to be specialists.
Doctors Hospital's application also refers to the lack of any regulation setting the requirements to be met for institutionally registered practitioners to be registered as specialists in a particular field (such as oncologists or obstetricians). This lack of regulation risks patients being treated by insufficiently trained and inexperienced doctors without their knowledge, further risking potential harm to patients and the rising costs of health care via increased insurance premiums.”
The debate around this issue is nothing new and in January 2020 CMR interviewed Dr. Mohanty on the issue. He expressed ongoing concerns about a controversial bill that Health Minister at the time, Dwayne Seymour was committed to passing into law. Despite the objections, the Progressive lead government passed the Health Practice Law.
Leader of the Opposition at the time, Ezzard Miller also spoke exclusively with CMR on the matter. He noted in his mind that there were some clear legal issues with that the government was attempting to do: