Doctor escapes censure over plan to abort normal foetus

A doctor who planned to abort a nine-week-old foetus in the mistaken belief it was dead was spared punishment yesterday when the Medical Council found her not guilty of misconduct. The boy is now 18 months old and healthy.

Council chairman Dr Lee Kin-hung said it was a principle that 'misdiagnosis does not necessarily mean misconduct'. However, the disciplinary committee's verdict was attacked by the mother, identified only as Mrs Leung, who said it was protecting doctors' interests rather than patients'.

In May, the council came under fire after it issued only a warning letter to Dr Albert To Chun-fung, whose 'inappropriate and unnecessary operation' cost the life of an unborn baby and left a woman sterile.

Yesterday, Dr Mak Kit-che, a specialist in obstetrics and gynaecology, admitted she made a mistake when deciding in September 1998 that Mrs Leung's foetus was dead.

Three ultrasound scans during two consultations failed to detect the foetus' heartbeat. Dr Mak diagnosed 'missed abortion', meaning miscarriage at an early stage of pregnancy. Dr Mak told the council she could not detect the foetus' heartbeat by ultrasound scan during the first consultation. In order not to worry Mrs Leung, she told her the foetus had a weak heartbeat and asked her to return a week later for a second scan.

Mrs Leung returned three days later complaining of bleeding. Dr Mak again failed to detect the foetus' heartbeat and believed it was dead.

The council heard that Dr Mak, who practises in the Tung Ying Building in Nathan Road, Tsim Sha Tsui, advised Mrs Leung to terminate the pregnancy. Dr Mak denied she tried to arrange a termination the following day, as Mrs Leung claimed. 'I told her that the baby was unlikely to grow and there was nobody to blame.'