Involvement of Dismissed Doctor in Birth Leads to Cerebral Palsy Compensation Claim Against HSE

The Health Service Executive is being sued by a two-year-old boy who suffers with cerebral palsy amid claims that a doctor was involved in his birth who, it has since emerged, had previously been struck off in the United Kingdom. The cerebral palsy compensation claims is for aggravated damages.

At the the High Court yesterday it was revealed that Tadhg McKenna, of Sruth An Mhuillan, Emyvale, Co Monaghan, is now seeking exemplary or aggravated damages due to the revelation that Dr Aamir Iqbal Malik was allegedly involved at his birth. Just last month, Dr Malik was suspended by the High Court from the medical register in Ireland pending further order.

That court was informed that Dr Malik, who qualified as a doctor in Pakistan in 1989, had been struck off the medical register in the UK in 2018 for professional misconduct. This dismissal was due to the findings of dishonesty linked to the history of his conduct as a doctor.

It is claimed that due to the circumstances that Tadhg experienced at his birth in Cavan General Hospital, when his care was entrusted to Dr Malik, he now suffers with quadriplegia cerebral palsy. It is also alleged that Dr Malik had neither the professional capacity nor the competence to provide such care either at all or without proper supervision.

At the High Court yesterday, Mr Justice Kevin Cross was made aware that the new developments in the case have lead to an increased level of stress for the McKennas. However, the Judge was also informed that the young boy’s parents do not wish for the case to be further delayed.

Tadhg was delivered suffering from severe perinatal asphyxia and had to be resuscitated. It is claimed his mother’s labour was permitted to continue for over 16 hours and there was failure to appropriately monitor the mother during labour and delivery.

Legal representatives for the Health Service Executive informed Justice Cross that the body is currently investigating the new information in relation to the case.

Prior to this liability had been conceded in relation to breach of duty but causation was still proving problematic. Tadhg, through his mother Emma Louise McKenna, sued the HSE over the circumstances of his birth on August 31, 2017.

The case, expected to last two weeks, was listed for hearing in September.

Posted in Childbirth Negligence in Ireland