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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.
Dr Tomeu abruptly closed his Virginia Beach obstetrics practice in the US in 2004 - after being sued repeatedly for allegedly injuring babies during delivery.
According to Virginia Beach Circuit Court records, Dr Tomeu was named as a defendant in seven malpractice lawsuits over 10 years before coming to New Zealand.
Three of those cases resulted in payments to the plaintiffs - two settlements and one jury verdict - totalling more than US$500,000 ($666,844).
On his profile on the Virginia Board of Medicine website, Dr Tomeu put the New Zealand death down to his "communication skills".
He said: "Bad outcome on birth June 2006. Clinical privileges suspended during investigation. Investigation did not fault clinical management, but was critical of my communication skills within New Zealand. I returned to the US before investigation was completed."
The Virginian Pilot newspaper reported Dr Tomeu was now on the staff at Crist (crct) Clinic for Women in Jacksonville, in North Carolina.
Dr Tomeu's profile on the North Carolina Medical Board website recorded he had a medical licence and had faced no public disciplinary action in North Carolina.
There is no mention of his history in Virginia or New Zealand.
- NZPA
