Parents' Anger After Clinical Negligence Claim Dismissed By GMC
15/09/2009
The parents of a child that died from massive injuries just hours after being born have talked of their anger at the General Medical Council's decision to dismiss their clinical negligence claim against the Doctor who delivered him.
Carla and John Bradbrooks's son Joshua died at the Darent Valley Hospital, Kent in 2005 following a series of errors in his delivery, overseen by registrar Dr Mohlala. The baby was born with fractures to both sides of his skull, after signs of his distress were ignored and several attempts were made to force the birth with a suction device and forceps.
With the help of clinical negligence experts Irwin Mitchell and after a protracted legal battle, the Dartford & Gravesham NHS Trust admitted liability in December of last year. The Bradbrooks however believe that Dr Mohlala should be prepared to take full responsibility for his errors.
Mrs Bradbook said: "We are appalled that the GMC think Dr Mohlala is still fit to practice. It is scary to think he can just walk into another labour ward whenever he likes. We would be sickened if any other parents have to go through the pain that we have."
The GMC refused to re-open the case on the grounds that they found no proof that Dr Mohlala was unfit to practice, despite there being several flaws unveiled in his version of events. During his defence, he claimed to have only attempted to remove the baby using the ventouse suction device three times. Witnesses however claimed that he administered the procedure six times - twice the recommended number. Witnesses also claimed to have called a consultant because they were so concerned. Evidence at the Inquest also suggested that Dr Mohlala may have encountered difficulties in the past in performing caesarean sections.
The first stage of Mrs Bradbrook's labour was quick, but slowed down significantly during the second stage. The trust's internal investigation indicated that baby Joshua was in distress and had an abnormal heartbeat; symptoms that Dr Mohlala failed to react promptly to at the time.
A full forty-five minutes elapsed before Mrs Bradbrook was transferred to the hospital's delivery suite for attempts to assist the birth with instruments. According to midwives and the medical records, Dr Mohlala gave six 'pulls' with the ventouse suction device. When this failed, he unsuccessfully administered forceps, finally giving Mrs Bradbrook a c-section after having to force Joshua back up the birth canal.
“This case is truly heart-wrenching,” said Anita Murphy-O’Reilly, a clinical negligence solicitor at Irwin Mitchell. “The GMC’s unwillingness to re-open the case and assess whether Dr Mohlala is responsible for Joshua's death has meant that the Bradbrooks have been unable to move on with their lives. At Irwin Mitchell we want to see those who were accountable for this baby's death take responsibility for their errors, and allow the Bradbrooks the closure that they deserve."
Back to news
If you would like us to provide you with advice with regard to your potential claim, please complete our brief claim form. We will reply to your enquiry within one working day.
Fill out our quick claim form
If you would like to speak to someone directly about your claim, please call our friendly team on:
0870 024 0558