Finding of poor professional performance over foetal scan failure

A CONSULTANT obstetrician in Westmeath has been found guilty of poor professional performance after he failed to seek a prenatal growth scan for a foetus he had judged to be smaller than normal.

The baby died less than a week after birth.

Ruairí Kenny was born by Caesarean section to Jane Kenny, of Mullingar, on December 5th, 2009, at 38 weeks. He weighed 4lb and was transferred to Our Lady’s Children’s Hospital, Crumlin, Dublin, where he died six days later of Edwards syndrome – a condition that affects the heart and kidneys.

A Medical Council fitness-to-practise inquiry yesterday found Dr David Mortell, a consultant at the Midlands Regional Hospital in Mullingar, guilty of “poor professional performance” on three counts.

The finding related to Dr Mortell’s failure to refer Ms Kenny for a foetal growth scan, his failure to communicate with her after her discharge from hospital and his failure to act in her best interests.

The inquiry had heard Dr Mortell carried out five scans during Ms Kenny’s visits, but did not tell her he thought her baby might be small and did not send her for a special growth scan that could have indicated there was a problem with her baby.

After the baby died Ms Kenny had made a complaint to the Medical Council.

Dr Mortell did not give evidence to the inquiry but wrote a letter to the council in which he stated he had thought the foetus was smaller than normal, although he also said he thought it was doing reasonably well and he was happy with its progress in the womb.

Expert witnesses Prof John Morrison, a consultant obstetrician at University College Hospital Galway, and Dr Joanne Gillham, a UK-based consultant obstetrician, had told the hearing they could not understand why Dr Mortell had not referred Ms Kenny for growth scans when he had conceded the foetus was small.

The experts also said Dr Mortell’s failure to arrange a follow-up appointment for Ms Kenny fell short of good practice.

The inquiry committee said it had been established beyond a reasonable doubt Dr Mortell should have sought growth scans in circumstances where he believed the baby to be small. It had been proven he had failed to communicate with Ms Kenny following her discharge from hospital and it had been proven he failed to act in the best interest of his patient, the committee said.

This amounted to poor professional performance, it found.

Chairman of the committee Danny O’Hare said sanctions would be recommended to the council, but would not be made public.

*This article was amended on November 24th, 2011