An anaesthetist accused of doing too little to control the pain a woman felt during caesarean surgery has been cleared of misconduct.
But he should have been more "situationally aware" -- such as when the woman kicked the surgeon when the incision into her uterus began and had to have her legs held down by nursing assistants.
"These are matters which the tribunal considers Dr N should have been aware of," the Health Practitioners Disciplinary Tribunal said in its verdict, made public today.
This fell short of the expected standard, but not far enough to warrant a finding of misconduct. Others in the theatre could have alerted the anaesthetist if they were concerned by the woman's pain and discomfort.
The prosecutor -- the Health and Disability Commissioner's director of proceedings -- has appealed against the dismissal of the charge. The tribunal suppressed the anaesthetist's name.