Disciplinary hearing for Cape Breton gynecologist wraps up

CBC

2 days ago

The lawyer for a Cape Breton gynecologist has denied all allegations that three women have made against her client.
And Muneeza Sheikh went further, saying some of the allegations against Dr. Manivasan Moodley could have been motivated by racism. Moodley is of South Asian descent and moved to Canada from South Africa.
Sheikh made her comments as part of closing arguments at a disciplinary hearing before a panel created by the College of Physicians and Surgeons of Nova Scotia. The panel wrapped up public hearings on Tuesday in Bedford and is now considering whether Moodley's actions in the three cases constitute professional misconduct.
If the panel finds that lawyers for the college have proven their allegations, the next step would be to decide what sanctions he should face.
There are three separate complaints by women whose identities are protected by a publication ban.
Episiotomy case
The first case involved a woman who said Moodley defied her express instructions not to perform an episiotomy during the delivery of her first child.
Moodley performed the procedure, which involves making an incision to provide more space for the baby's head during delivery, and the woman gave birth to a healthy child. But she said she was traumatized by the experience and the woman's husband described Moodley's actions as an "assault."
Sheikh said using language like that against a racialized person like Moodley was troubling.
The woman testified she only wanted an episiotomy if her baby's health was in danger. Sheikh said Moodley's understanding was that he had the woman's consent to perform the procedure and it was not uncommon for women in these situations to not have a complete memory of what was said.
Sheikh questioned the woman's claim that she was traumatized, noting she went on to have two more children in fairly close succession.
The woman also claimed the experience left her depressed, but Sheikh pointed out she was already being treated for depression before her pregnancy.
Tubal ligation
The second woman was referred to Moodley by her family physician for a consultation on a tubal ligation, a permanent form of birth control. The woman, 21 at the time, testified Moodley refused to do the procedure because of her age and said her boyfriend or husband should have input on whether she should undergo sterilization.
Sheikh disputed the woman's version of the consultation, pointing out Moodley had performed tubal ligations on several women under the age of 25.
She also said the woman, seven years after her consultation, still had not undergone the procedure, and her complaint to the college followed media reports of other complaints against Moodley.
Sheikh argued that just because the woman was upset did not constitute professional misconduct.
Early labour
The issue in the case of the third woman was whether Moodley failed to detect that she had gone into early labour.
She complained of intermittent lower back pain over a six-hour period and eventually gave birth to a son with serious medical complications.
"This was an incredibly unfortunate outcome," Sheikh said in her closing arguments. But she said Moodley did the best he could and met the standard of care.
Sheikh denied the college's suggestion that Moodley ignored the possibility the woman was in early labour. The lawyer said even though he didn't write it down, the diagnosis would have been "top of mind" as he monitored her condition that day.
Referring to the testimony of the woman's husband, Sheikh described him as an "incredibly angry person who probably felt someone should pay" for his child's difficulties.
The panel is not expected to deliver a verdict for several weeks.