Catherine* is a senior midwife with decades of experience caring for women and their babies. She believes that every life is precious, including the lives of unborn children, and so she attended an informal presentation by a sonographer offering a brief introduction to early pregnancy ultrasound.
A pro-abortion advocacy group saw an online reference to this informal presentation and complained to the Ministry of Health about Catherine. They alleged that she had acted outside her scope of practice by providing ultrasound training and by performing diagnostic ultrasound scanning, and that this was part of a broader strategy to “coerce” women into continuing their pregnancies. They didn’t trouble to verify the online reference, which was unfortunately unclear—it misdescribed the informal presentation as “training” and misdescribed Catherine’s role in it—and didn’t provide any evidence to support their assertions of diagnostic scanning or of coercion. The Ministry didn’t trouble to verify the allegations either and chose to interpret the online reference unfavourably. They lodged a notification with the Midwifery Council, triggering a process under the disciplinary conduct provisions of the relevant health professional legislation.
Through her professional association, the New Zealand College of Midwives, Catherine was represented by an expert and experienced lawyer. But the prospect of disciplinary proceedings can be difficult and distressing at the best of times, and Catherine was deeply concerned about the potential effect on her vocation and reputation. That’s why she asked Ethos to be involved as a support person alongside her lawyer.
We were able to help Catherine understand some of the legal aspects of the process and the issues, act as a sounding board, and be a listening ear. We also attended meetings with Catherine and her lawyer, and helped by reviewing documents before they were submitted in response to the allegations. Catherine’s lawyer reported that our involvement was very helpful.
Catherine’s lawyer made a strong submission on her behalf, pointing out that the allegations were both false and serious and that allegations that are deliberately made with the intention of damaging someone’s reputation and potential livelihood may be defamatory. She strongly rejected the assertions that Catherine had acted outside her scope of practice or that she had ever coerced a woman who came to her for care, and pointed out that there was no evidence to justify any of the assertions.
The Midwifery Council reviewed and accepted Catherine’s version of events and decided to take no further action on the complaint against Catherine, deciding that the information it had been given did not raise any concerns about the appropriateness of her conduct, the safety of her midwifery practice, or her competence.
That vindication brought a stressful six-month process to an end. Catherine was grateful to her lawyer for her expertise and to Ethos for our support, and we were glad to be able to help.
Other health professionals could find themselves targeted by ideological allegations just as Catherine was—and if they do, we’re here to help them too.
* Name changed to protect the privacy of those involved.
