A court yesterday exonerated two obstetricians after a case alleging negligence was filed against them by the parents of a child with cerebral palsy.

Mr Justice Lino Farrugia Sacco delivered judgment following action filed by John and Mary Margaret Cachia, the parents of Ronald Cachia, against Dr Tancred Busuttil and Dr Lucia Micallef Hawkes.

The Cachias told the court that their son was suffering from cerebral palsy as a result of the negligence of two doctors who had assisted his delivery in December 1985.

They requested the court order the pair to pay damages.

Both doctors maintained they were not responsible for Ronald Cachia’s condition and they had done all that was possible to ensure his safe delivery.

A court-appointed expert obstetrician had concluded in his report filed that Ms Cachia’s labour had been correct and consistent with obstetric practice.

It resulted that the cerebral palsy was the result of the unexpected detachment of the mother’s placenta from the uterus during labour. This placental abruption could not be anticipated by the doctors.

The court expert added that as soon as the abruption occurred, a Caesarean section had been performed on Ms Cachia but the child suffered oxygen deprivation, which had led to the cerebral palsy. Two other court-appointed expert obstetricians concurred with these conclusions and added that the obstetricians in this case had followed accepted, standard practices.

The detachment of the placenta could not have been foreseen.

Mr Justice Farrugia Sacco said that after carefully examining the facts of the case and the evidence produced, neither doctor had acted in a manner that was not expected in their profession.

The professional liability of doctors was regulated by the Civil Code, said the court.

A doctor had to prove that he had acted in accordance with the standards of his profession.

Mr Justice Farrugia Sacco concluded by dismissing the Cachia family’s claim.

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