Court acquits doctor and hospital over disability suffered by newborn

The First Hall of the Civil Court exonerated the Golden Shepherd Group Limited as the operators of St Philip's Hospital, and Dr Astrid Camilleri, of negligent behaviour leading to a newborn baby suffering a tear in her right shoulder during delivery.

The case, dating back to 1999, was instituted by the baby's parents. During the proceedings both the hospital and the doctor argued they were not at fault, although the fact the child suffered a tear in her shoulder was never challenged.

"When the baby's head emerged, I noticed that the baby's body had not turned and was stuck at the chin. I had to physically help forcing the baby out as otherwise she would have either suffered cerebral palsy or died," the doctor said.

Due to the force used during the delivery the baby suffered a traumatic right post-ganglionic brachial plexus lesion. "The baby was born blue and I immediately started medical procedures to help her breathe," Dr Camilleri said. The doctor's version was further corroborated by other medical experts.

After the baby was born, she was diagnosed as suffering from Erb's Palsy, which paralysis certain muscles of the upper limb such that the limb may not be raised from the side and all power is lost in flexing the elbow as well as turning the forearm so the palm faces upwards. The parents followed up treatment at St Luke's Hospital as St Philip's did not have a Special Baby Care Unit.

The parents argued the doctors should have been aware of the baby's size prior to the mother entering labour. This was contradicted by medical expert Dr. George Buttigieg, who discarded these allegations, stating that although big a 3.86kg baby as not of excessive size. However the same expert held that the ultra-sonographer underestimated the foetal weight, by about 20%. This was grossly misleading to Dr. Camilleri, by telling her that although the baby is bigger than it should be, it is however, well within normal limits," Dr Buttigieg said.

Furthermore the parents demanded damages as the hospital was not properly equipped for such procedures.

Mr Justice Mark Chetcuti decreed that neither the hospital nor the doctor were responsible for the baby's injuries. Furthermore the court held that St Philip's Hospital was adequately equipped and there were no obligations on the hospital to have a Special Baby Care Unit for particular cases. "The doctor was qualified to carry out birth and was duly assisted by a midwife, a matron and a paediatrician," the doctor said.