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Opinion/05HDC16711<br />

Parties involved<br />

Baby A<br />

Mrs A<br />

Mr A<br />

Dr B<br />

Dr C<br />

Ms D<br />

A District <strong>Health</strong> Board<br />

Consumer<br />

Consumer/Complainant<br />

Complainant<br />

Provider/Obstetrician<br />

Provider/Obstetrician<br />

Provider/Midwife<br />

Provider<br />

Complaint<br />

In June 2002 <strong>the</strong> Commissioner received a complaint from Mr <strong>and</strong> Mrs A regarding<br />

<strong>the</strong> services provided to Mrs A <strong>and</strong> Baby A by Dr B. The Commissioner did not take<br />

action on <strong>the</strong> complaint in 2002 as, based on <strong>the</strong> information that was available at <strong>the</strong><br />

time, <strong>the</strong>re did not appear to be an apparent breach <strong>of</strong> <strong>the</strong> Code <strong>of</strong> <strong>Health</strong> <strong>and</strong><br />

<strong>Disability</strong> Services Consumers’ Rights (<strong>the</strong> Code).<br />

Mr <strong>and</strong> Mrs A provided new information (ie, ACC’s review <strong>decision</strong> accepting <strong>this</strong><br />

claim as “medical mishap” following advice by obstetrician Dr Jenny Westgate) for<br />

<strong>the</strong> Commissioner to consider in 2005. The Commissioner re-assessed <strong>the</strong> complaint<br />

<strong>and</strong> sought preliminary expert advice. As a result <strong>of</strong> that review, <strong>the</strong> Commissioner<br />

decided to investigate <strong>the</strong> complaint. The following issues were identified for<br />

investigation:<br />

Whe<strong>the</strong>r Dr B provided services <strong>of</strong> an appropriate st<strong>and</strong>ard to Mrs A <strong>and</strong> Baby A<br />

during Mrs A’s labour <strong>and</strong> <strong>the</strong> delivery <strong>of</strong> Baby A on 10/11 February 2001. In<br />

particular:<br />

• The use <strong>of</strong> syntocinon during <strong>the</strong> first stage <strong>of</strong> labour;<br />

• The monitoring <strong>of</strong> Mrs A <strong>and</strong> Baby A during <strong>the</strong> second stage <strong>of</strong> labour.<br />

An investigation was commenced on 18 November 2005.<br />

19 September 2006 1<br />

Names have been removed to protect privacy. Identifying letters are assigned in alphabetical order<br />

<strong>and</strong> bear no relationship to <strong>the</strong> person’s actual name.

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