Late term pregnancy termination: Conduct proceedings

Medical Board of Australia v Schulberg (Review and Regulation) [2017] VCAT 761 resulted in findings that the doctor should not have performed a late stage termination on his patient (at 23.4 weeks gestation) in 2011, in circumstances where his patient was unconscious; in renal and liver failure; no anaesthesia was administered; the procedure was performed at a day surgery and he did not adequately consider the urgent pathology results ordered on the previous day. Adverse findings were also made in respect of the doctor’s failure to ensure that an ambulance was called in a timely manner and in respect of leaving his unconscious patient without his direct medical supervision on day of the termination.

The tribunal did not accept evidence that evacuation of the uterus was essential and may have been life-saving.

The matter is to be listed at a later date for submissions on findings and determinations.


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