Garth Rattray | No consequences for impersonating a medical doctor

I have a lot of respect for and trust in our judicial system and for the judiciary. It, therefore, pains me to express a discordant view on the recent sentencing of 57-year-old Andrew Clarke.

Andrew Clarke faked being a duly registered medical doctor for several years. As far back as 2011, he was seen on television speaking to his [emergency] care of a motor vehicle crash victim at the scene. He has posted videos on social media of himself at work at the Spanish Town Hospital.

But Clarke did not stop there. He used his impersonation of a medical doctor to defraud several individuals. In all, it is alleged that he collected a total of over $2 million from persons for medical-related services while purporting to be employed to the aforementioned major hospital.

The detailed media release stated, “Detectives from the St Catherine North Police Division went to the Spanish Town Hospital compound, where Clarke — dressed in a uniform with a doctor’s identification card bearing his name and image — was arrested. Following further investigation, it was revealed that he was not a doctor. He was charged with impersonating a medical doctor, obtaining money by means of false pretence, and uttering forged documents. It was revealed that he collected $1.7 million from one complainant, $600,000 from another, and a total of $250,000 from two other complainants to provide medical services.” Clarke, a 28-year repeat offender, failed to honour the agreements.

Clarke used fake recommendations from several hospitals to dupe his victims. He eventually pleaded guilty to four counts of obtaining money by means of false pretence and uttering forged documents. The impersonation charge was withdrawn by the Crown. He is to serve “36 months and 29 days on each count of uttering forged documents, and 12 months and 29 days on each count of obtaining money by means of false pretence.” Lucky for him, the sentences are to run concurrently (which means simultaneously, alongside one another and not consecutively, after one another).

CHANGED HIS MIND

Although initially Clarke pleaded not guilty to everything, ostensibly, he changed his mind and did a plea-bargain deal with the Crown. Plea bargaining is meant to resolve a case without going to trial. It should benefit the prosecution and the defendant. Our Plea Negotiations and Agreement Act was passed in 2005 and amended in 2010. The House of Representatives approved the act on June 8, 2010. Plea bargaining is meant to avoid the expense, time, and uncertainty of a trial. Inherent in the act is the possibility of a reduced (lighter) sentence.

In assuming that there was plea bargaining, I can understand the lighter sentence, but this media statement threw me for a loop. “Clarke pleaded guilty to four counts of obtaining money by means of false pretence and uttering forged documents. The Crown withdrew the impersonation charge.” The fact that Clarke went to great pains to impersonate a medical doctor, to practise illegally as a medical doctor for years (which, no doubt, endangered many lives), and then to use his impersonation of a medical doctor as the [sole] basis by which he defrauded his victims, shocked me that the “Crown withdrew the impersonation charge”.

Practising illegally as a medical doctor is an extremely serious crime. In fact, one newspaper rightfully stated, “Given the seriousness of impersonating a doctor and committing fraud, it’s likely that Clarke faces a substantial prison term if convicted.”

In order to practicse as a medical doctor in Jamaica, several prerequisites must be followed. The individual must have completed an approved course of study and earned a medical degree before applying to the Medical Council of Jamaica (MCJ) for an annual practising certificate. If the applicant studied at a university that does not enjoy automatic approval, the individual must undergo a brief period of matriculation (clinical training, supervision, and an exam) before being approved. Then, the individual is granted a provisional practising certificate. After the prescribed period of internship, a regular annual practising certificate may be issued.

CONTINUING MEDICAL EDUCATION

For medical doctors already practising legally in Jamaica, each must fulfil a specified number (hours) of Continuing Medical Education (CME) activities annually. Currently, the MCJ requires 20 hours of regular CMEs plus two hours of ‘ethics’ and an additional two hours of ‘mental health’ activities for annual registration. The annual registration attracts a fee.

If a physician fails to complete the required number of hours for the year, he or she is given a two-month grace period in which to do so. If the physician forgets or refuses to register, he or she will be practising illegally. Even though that physician is not impersonating a medical doctor, he or she can face a fine and/or prison time. In 2013, amendments were made to the Medical Act so that “persons can face a fine of up to $1 million, imprisonment for up to 12 months, or both, upon summary conviction in a Resident Magistrate Court”.

Despite the danger that Clarke posed to the health and lives of others, despite the fact that impersonating a medical doctor allowed him to commit fraud, and despite the implications of sending the wrong message to would-be impersonators of medical doctors, instead of giving him a break on one of the fraud charges, the Crown chose to withdraw the impersonation charge.

Obviously, as practising physicians, we have a very long way to go in educating the public about the seriousness (legality and ethics) of our role in society.

Garth Rattray is a medical doctor with a family practice, and author of ‘The Long and Short of Thick and Thin’. Send feedback to columns@gleanerjm.com and garthrattray@gmail.com.