Doctor’s remorse over baby deaths at Bacchus Marsh Hospital

A senior obstetrician has expressed sadness and remorse for his role in the baby deaths scandal at the Bacchus Marsh Hospital.

The Victorian Civil and Administrative Tribunal on Tuesday accepted allegations that the hospital’s director of obstetrics, Surinder Parhar, failed to properly review the deaths, keep adequate records and supervise junior staff during his tenure between 2008 and 2015.

Bacchus Marsh Hospital.Credit:Paul Jeffers

The Medical Board of Australia, in its case brought to VCAT, acknowledged the now-retired 73-year-old was not solely responsible. The hospital was severely understaffed and experiencing intense pressure at the time, the tribunal heard in a video-conference hearing.

The unusual spike in stillbirths was identified at the hospital, north-west of Melbourne, in 2015. An investigation by leading obstetrician Euan Wallace, now the secretary of the state Health Department, examined 11 deaths that occurred in 2013 and 2014, and found seven of them were avoidable.

Barrister Ross Gillies, acting for Dr Parhar, said the hospital was “increasingly stretched”, with an almost doubling in the number of births handled at the site.

“He was in a dreadful position with a hospital that was understaffed,” Mr Gillies said.

Dr Parhar conceded he made errors, said Mr Gillies, who asked that those errors be viewed in the context of the unusual pressure staff were under.

The allegations included that Dr Parhar failed to ensure formal clinical reviews were conducted after nine perinatal deaths, and that 10 perinatal deaths were inadequately reviewed with inadequate input from Dr Parhar. He should have made sure an external reviewer was engaged for serious incidents, the tribunal said.

The tribunal also heard Dr Parhar failed to openly communicate with families following 15 baby deaths and did not have written policies, including on appropriate pathways to transfer patients if they could not be safely managed within the unit.

Dr Parhar did not keep clear and accurate clinical records, VCAT heard, and did not maintain his own professional performance, by neglecting to improve record-keeping or educate himself on medical leadership and the investigation of perinatal deaths.

He did not appropriately supervise or assess junior doctors and in one instance he failed to properly investigate a complaint and misdiagnosed a patient, the tribunal was told.

VCAT senior member Elisabeth Wentworth and counsel for the Medical Board of Australia Ben Jellis both acknowledged Dr Parhar was co-operative. He admitted to the allegations, which saved the parties and tribunal time and spared the families – who did not attend the video conference on Tuesday – further grief.

Mr Gillies said the doctor was completely remorseful and was a decent, hard-working person who worried about “his role in what is a sad story”.

“He loved his profession, he loved his patients. But he realises he’s left in shame and that’s something he’ll never forget. That’s something that lives with him,” Mr Gillies said. “He feels guilty, he is guilty, he doesn’t seek to deflect blame.

“He understands that others are to blame, but clearly he had a role in the saga.”

Mr Gillies agreed the nine allegations amounted to professional misconduct.

Dr Parhar surrendered his registration in 2015 and the tribunal heard he had no intention of practicing again.

Mr Gillies said he saw no benefit in barring Dr Parhar – a co-operative, “model litigant” – from practice because he had already voluntarily agreed his career was over.

He acknowledged there would be no practical detriment to him if a ban were imposed but said it would be irrelevant and serve no purpose. Ms Wentworth said the purpose would not be to punish him but to protect the public by deterring other practitioners.

The tribunal reserved its decision to consider a penalty.

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