Misconduct charge follows baby's death

An American obstetrician has been charged with professional misconduct after a baby he helped deliver died from a brain bleed.

Ella Irihapti McMillan-Meager died at Southland Hospital on June 12, 2006 after obstetrician Enrique Tomeu breached guidelines during her birth two days earlier.

An inquest into Ella's death found Dr Tomeu contributed to the baby's death when he climbed on the birthing bed to get better leverage for his pull on suction cups.

Dr Tomeu has since resigned and returned to the United States to continue working as an obstetrician.

The director of proceedings for the Health and Disability Commissioner, Theo Baker, yesterday told The Press she had laid a charge of professional misconduct against Dr Tomeu with the Health Practitioners Disciplinary Tribunal (HPDT).

If it upholds the charge, the tribunal could force Dr Tomeu to pay compensation to Ella's parents, Felicity McMillan and Nathan Meager, or get the Medical Council to recommend US authorities take away his licence to practise medicine.

Commissioner Ron Paterson released a damning report in August on Dr Tomeu's handling of the case, condemning his decision to perform a vacuum delivery, where a suction cup is attached to the baby's head, after two previous attempts failed.

Mr Paterson also criticised Dr Tomeu's birthing technique and his attempts to bully staff into falsifying records to cover up his actions.

HPDT executive officer Gay Fraser said it was unusual for the tribunal to hold a hearing about someone who was no longer working in New Zealand.