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Doctor guilty of professional misconduct after woman died following childbirth

Tracey Campbell Fitzpatrick died in hospital shortly after giving birth in 2016
Tracey Campbell Fitzpatrick died in hospital shortly after giving birth in 2016

A Medical Council fitness to practise inquiry has found an obstetrician and gynaecologist at St Luke's Hospital in Kilkenny guilty of professional misconduct and poor professional performance.

It will submit its report and recommendations on sanction at a later stage to the full Medical Council.

The case involved Dr David McMurray and the care of 36-year-old Tracey Campbell Fitzpatrick who died in hospital shortly after giving birth on Easter Monday 28 March 2016.

Ms Campbell Fitzpatrick was originally from Knock in Co Mayo, and had been living in Co Carlow.

At the opening of the hearing today, lawyers for Dr McMurray said he was admitting and accepting that he failed to attend Ms Campbell Fitzpatrick in a timely manner when complications arose in her case.

Dr McMurray also admitted to one case of professional misconduct and to one case of poor professional performance.

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Opening the case, barrister Neasa Bird for the Council, told the inquiry that Ms Campbell Fitzpatrick was a healthy active woman, looking forward to the birth of her second child.

She had attended St Luke's with raised blood pressure prior to the delivery and was admitted to the hospital on Easter Saturday 2016, at full term plus three days.

Baby Max was delivered by vacuum delivery and Ms Campbell Fitzpatrick began bleeding post-delivery.

Dr McMurray was called by healthcare staff at 1.38am on Easter Monday and told that Ms Campbell Fitzpatrick had delivered her baby, but that she was in a poor condition.

The inquiry has heard that after the delivery, a decision was made to transfer Ms Campbell Fitzpatrick to theatre for an examination under anaesthetic.

She collapsed in a lift on the way to theatre at 1.55am and suffered a cardiac arrest in theatre.

Dr McMurray attended Ms Campbell Fitzpatrick at 2.20am and cardiopulmonary resuscitation was attempted.

Ms Campbell Fitzpatrick died at 3.45am.

In a High Court case taken by the family in 2021, the HSE and the hospital apologised unreservedly to the family over the failings in her care.

The court was told she had suffered from massive blood loss after her baby was delivered.

The HSE admitted liability and a settlement of €700,000 was approved by the court for the past and future care of Ms Campbell Fitzpatrick's son Max, described as a happy, healthy young boy who was being cared for by his father, Bernard.

A separate settlement was reached on behalf of her other son Jamie.

An inquest in 2017 returned a verdict that death was by natural causes, in line with the medical evidence.

Barrister Cathal Murphy for Dr McMurray, told the inquiry that there was no allegation that the delay on the part of his client resulted in the death of Ms Campbell Fitzpatrick.

He said that when it comes to the fitness to practise committee considering the issue of any sanction, the role of the Council is to protect the public and not to punish the doctor.

He also asked for proportionality.

Mr Murphy presented the inquiry with several testimonials on behalf of Dr McMurray.

Mr Murphy told the inquiry that obviously there were errors made in the case but that it was uncharacteristic of Dr McMurray's performance as a gynaecologist.

He said he wanted to extend condolences on behalf of his client to the family of the late Ms Campbell Fitzpatrick.