Osteopath 'breached patients' rights'

An osteopath who wrongly suggested a baby had suffered a stroke has been faulted for his "flawed clinical reasoning".

Born early last year, the baby suffered colic and was very unsettled. In April his parents and grandmother took the boy to the osteopath, who performed cranial osteopathy.

This involved the osteopath "hovering his hands" over the baby and the baby became settled and could feed, his mother told an inquiry by Deputy Health and Disability Commissioner Rose Wall, according to Ms Wall's report on the case, published today.

When the baby was taken back for a second consultation the following week, the osteopath, according to his evidence to the inquiry, found indications of an intracranial bleed.

He treated the baby and became reassured the baby had in fact not had an intracranial bleed and did not require assessment by a specialist.

The osteopath, Mr C, told the baby's mother, Ms A, and grandmother he noted some findings consistent with a stroke, but this was a differential diagnosis that could not be confirmed.

"Ms A told HDC that when she asked Mr C whether Baby A had had a stroke, Mr C said 'yes', but that Baby A was 'healing himself and that it was fine'," Ms Wall said.

When, the next day, the grandmother phoned to ask why he had told them the baby had had a stroke, the osteopath apologised and said there was nothing to worry about. He then called the mother to apologise to her.

The mother took the baby to a GP, who said there was no evidence of a stroke.

Ms Wall said the osteopath breached the code of patients' rights in several ways. He provided insufficient information at the first consultation, and therefore treated the baby without informed consent.

"By forming a differential diagnosis based on flawed clinical reasoning, Mr C failed to provide services to baby A with reasonable care and skill..."

Another breach was in failing to refer the baby to a specialist, proceeding with treatment and not documenting discussions with the mother and grandmother at the second consultation.