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Specialist cleared of responsibility in birth injury

Nov 2, 2007 | Andrew Drummond | Herald Sun

A NSW obstetrician on call the day a baby suffered brain damage has been cleared of contributing to the injury, with a Sydney court ruling he is not financially liable.

Specialist George Angus faced legal action from the Greater Southern Area Health Service (GSAHS) which previously reached a $7.5 million settlement with the child, who was delivered at Wagga Wagga Base Hospital on September 20, 1995.

The GSAHS had sought to recover part of the cost of that multi-million dollar settlement by suing Dr Angus.

The NSW Supreme Court has previously been told the birth was complicated when the boy's shoulders blocked its delivery and his umbilical cord wrapped around his neck.

In its bid to sue Dr Angus, the health service claimed he was partly responsible for the difficult birth of the child, who cannot be named for legal reasons.

However, Dr Angus' lawyers have argued the specialist was not present during the birth and the mother had not been seen by him during his earlier rounds of the hospital.

Justice Michael Adams today said Dr Angus did not fail in his duty on the day in question, including that he did not direct the use of cardiotocograph (CTG) monitor.

"The omission to monitor by CTG ... made no material contribution to the injury suffered by (the baby)," Justice Adams said.

"It follows that there must be a judgment for the defendant (Dr Angus) with costs."

The reasons for Justice Adams' findings were not immediately available.