Cape Breton hospital criticized at hearing for doctor accused of professional misconduct

A Cape Breton woman says if staff at Cape Breton Regional Hospital had paid close attention to her four years ago, her son may not have developed health complications that the family is dealing with to this day.

The woman made the assertion Tuesday while testifying before a panel of the College of Physicians and Surgeons of Nova Scotia. The five-member panel is hearing three complaints against Dr. Manivasan Moodley, an obstetrician who practises in Cape Breton and Antigonish.

The woman's identity and other details, including those pertaining to her son's health, are protected by a publication ban.

While the panel is only hearing complaints against Moodley, the woman and her partner — who testified last week — have complained about three doctors involved in her care in the fall of 2020. Lawyers for the college have cautioned the pair not to name the other two physicians.

Problems detected during the woman's 20-week maternity checkup prompted doctors in Cape Breton to refer her to the IWK Health Centre in Halifax, where she was admitted and spent weeks on bed rest.

She was eventually discharged back to Cape Breton, where she remained on bed rest. But days after returning home, she said she was rushed to Cape Breton Regional Hospital because she felt her water had broken.

The woman testified that when she first arrived at the Sydney hospital, they were unable to find a wheelchair for her, which was the first complaint she and her partner had about their experience there.

On the day her son was born two months ahead of her due date, the woman said she had been experiencing back pain that was growing steadily more intense.

The woman said her complaints were either ignored or misinterpreted. 

Moodley's lawyer, Muneeza Sheikh, took the woman through a series of notes that Moodley and other hospital staff prepared on the night in question.

They show that the woman's complaints of pain were recorded, although the woman said Moodley thought the pain was likely the result of muscle spasms caused by her extended bed rest. The doctor sent the woman's partner to a pharmacy to buy over-the-counter pain cream, something he complained about during his testimony.

The woman said she grew frustrated because she couldn't persuade Moodley or others that she was actually having labour pains. She said the pain was intermittent, not constant as medical staff described.

She also said Moodley ignored her requests for epidural pain medication or a caesarean section. The notes that Sheikh reviewed with the woman made no mention of those requests and the lawyer said her client will testify that he never heard such a request.

The woman also told Sheikh it was merely a coincidence that she and her partner filed their complaint with the college just days after the Cape Breton Post published an article detailing previous complaints against Moodley.

The woman said she was aware of the complaints, but they had no bearing on the one she filed.

"This did not need to happen like this," the woman said. "If doctors and nurses had listened, the outcome might have been different."

But she conceded that was not certain.

The hearing in Bedford has taken much longer than expected and has fallen behind schedule. Lawyers are now trying to work out when they can hold additional hearings and are looking at dates early in 2025.

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