Background
The matter concerned the professional misconduct of a junior doctor, Dr Jocelyn Benedicto between 2008 and 2015, whilst she was employed at Bacchus Marsh Hospital. The allegations related to Dr Benedicto’s failure to provide appropriate obstetric care, on the background of a cluster of stillborn and newborn deaths between 2008 and 2015. In the reasons for the decision, it was noted that:
…although she was junior doctor under critically inadequate supervision at the time, this case is also about the personal responsibility every medical practitioner has, no matter how junior, to ensure that their own practice is safe, and consistent with the professional standards expected of them…
The allegations
There were several allegations of professional misconduct and unprofessional conduct made against Dr Benedicto, including:
- Failure to provide clinically appropriate obstetric care by failure to identify abnormal cardiotocography (CTG) trace and take appropriate action.
- Failure to adequately document assessments and keep clear and accurate patient records.
- Failure to arrange an emergency caesarean section prior to attempt at forceps delivery.
- Applying traction with forceps an unacceptable number of times.
- Failure to work within limits of competence and/or supervision.
- Failure to provide clinically appropriate obstetric care by failure to develop suitable management and/or treatment plan in the context of placental abruption.
Decision
Dr Benedicto was found to have engaged in professional misconduct and unprofessional conduct. She was formally reprimanded under s 196 of the Health Practitioner Regulation National Law (Victoria).
It was noted that in addition to the reprimand, the tribunal considered it appropriate to impose a suspension of three months. However, the tribunal refrained from imposing a suspension, considering the maternity service at Bacchus Marsh Hospital was already understaffed due to reputational issues and the extreme pressures of the Covid-19 pandemic. It was noted that in imposing a suspension, the safety and continuity of care of current maternity patients at the hospital would be endangered.
…We record that we regard a suspension as appropriate in this case, not because we consider Dr Benedicto is currently an unsafe or incompetent medical practitioner – the evidence is otherwise – but primarily in the interests of general deterrence and to protect the reputation of and confidence in the profession…
…We record that we have refrained from imposing a suspension, only because we do not want a decision of this tribunal to have a potentially catastrophic impact on the safety and continuity of the care of maternity patients at Bacchus Marsh Hospital…
You can read the full decision here
