A years-long legal dispute involving multiple staff members at the Bacchus Marsh Hospital following a cluster of baby deaths has nearly ended after the conclusion of a disciplinary hearing today.
Ballan-based obstetrician Rakhi Basu had 15 allegations made against her by the Medical Board of Australia following a lengthy investigation into the deaths.
Hers was the last hearing to be considered by the Victorian Civil and Administrative Tribunal.
Dr Basu worked as a junior doctor at the hospital between 2008 and 2014 under the director of obstetrics and gynaecology, Surinder Parhar.
Dr Parhar was disqualified from applying to practise medicine for more than a decade last year following admitted "professional misconduct" relating to the perinatal deaths.
Earlier this year, the former director of clinical and quality support services at Bacchus Marsh Hospital was also disqualified.
It comes after the Australian Health Practitioner Regulation Agency, AHPRA launched an investigation into the hospital in relation to more than 100 matters that led to potentially preventable neonatal deaths at the hospital.
In a VCAT hearing this week, allegations acknowledged by Dr Basu included "shortcomings" in obstetric management and record keeping.
There is no suggestion Dr Basu was directly responsible for the deaths.
In submissions, barrister John Noonan argued the doctor had learned through her training while overseas "not to question" her superior doctors.
"That was made worse under the supervision of Dr Parhar. She did not get proper training or direction," Mr Noonan said.
"[It] doesn't absolve the practitioner … but identifies the background of how she came to be."
Mr Noonan also spoke of Dr Basu's "remorse" for not escalating a request from a patient for a caesarean after Dr Parhar said they could not accommodate the woman as surgeries were fully booked.
The woman's baby later was stillborn.
"We are looking for a greater sense she has her own responsibility, from a medical practitioner … regardless of what she was told," VCAT senior member Elisabeth Wentworth said.
"It's one of the greatest tragedies out of this case."
Mr Noonan argued Dr Basu should not receive a period of suspension from practising medicine, as it would be a "serious form of censure and condemnation" and would have an adverse effect on the Ballan community, where she now works as a GP and obstetrician.
The tribunal will make its decision public in the coming months.
