Morning:
8°c
Baby P doctor sues Great Ormond Street for £100k
Robert Mendick and Sophie Goodchild19 Jun 2009
The doctor who failed to spot Baby P's broken back is demanding damages from Great Ormond Street for sacking her, the Evening Standard can reveal.
Dr Sabah Al-Zayyat launched the legal action against the hospital following her dismissal nine months after Baby Peter's death.
She was the first person to be sacked in the wake of the scandal.
The 17-month-old could be alive today if Dr Al-Zayyat, 52, a paediatric consultant, had conducted a full medical examination two days before his death in August 2007.
Baby P almost certainly already had a broken back and ribs but Dr Al-Zayyat decided against the examination because he was "miserable and cranky".
A source close to the case told the Standard that Dr Al-Zayyat, who lives in Ilford, had launched a legal action for unfair dismissal. The claim could be worth a six-figure sum.
The action will spark widespread anger that a doctor roundly blamed for her part in Baby P's death should seek compensation effectively funded by taxpayers.
Sharon Shoesmith, the head of children's services at Haringey, caused outrage when she sued the council for unfair dismissal after being sacked.
It is understood Dr Al-Zayyat, who trained in Pakistan and Ireland, will argue she has been made a scapegoat for wider failures.
She was employed on a rolling six-month contract by Great Ormond Street on a salary of more than £75,000.
The world-famous children's hospital runs the child development centre at St Ann's Hospital in Tottenham, where Baby P was brought in shortly before his death.
Dr Al-Zayyat is expected to claim she was never shown the child's full medical history and so didn't realise he was the long-term victim of abuse.
An official report recently criticised the hospital for failing to employ enough consultants to run the clinic.
Dr Al-Zayyat's case may focus on a shortage of doctors which put her under huge pressure.
She is represented by lawyers working for the Medical Protection Society, the body which provides professional indemnity for doctors.
A Great Ormond Street spokesman said: "We can confirm we have received notice of legal action. The trust will vigorously defend its position.
"We believe we acted fairly and in the interests of patients. Detailed rebuttal of Dr Al-Zayyat's claims will have to wait for any hearing."
The spokesman added: "We didn't scapegoat her. The case surrounds her dismissal from GOSH following the decision not to renew her fixed-term contract. The trust denies that the issue in the case is systematic failures.
"Even a junior doctor should have recognised the risks in a situation where there was a letter on file clearly stating that there were child protection concerns, and the child had visible bruises.
"This should have prompted any doctor to contact the social worker.
"It is also basic training to strip a child in order to carry out a full investigation. Two serious case reviews have questioned her practice."
A source said: " Dr Al-Zayyat is claiming Great Ormond Street unfairly ended the contract and she is entitled to damages because of that."
Baby P's body was found in a blood-spattered cot at his Tottenham home.
His mother was later jailed for a minimum five years for allowing or causing the death; her boyfriend received 12 years for his "major role" while their lodger, Jason Owen, was sentenced to a minimum three years.
Reader views (54)
I don't believe that this doctor shoud have been suspended at all. She had no record of Baby Peter's
medical history and Baby Peter obviously could not talk to tell her what was wrong. It is impossible for a doctor to make a diagnosis on any patient if he/she cannot examine that patient, especially a small child. Children cry and are cranky for many reasons and doctors cannot examine them if they are this way. Baby Peter's mother took him to different hospitals and really knew how to manipulate social workers. My child and I were at a serious risk of being hurt or murdered because of domestic violence and we are alive today because of our doctor.
- A. Fardella, Surrey, UK, 12/08/2009 12:47
Report abuse
So Great Ormand Street are constantly trying to raise money to care for sick children yet an incompetant doctor wants to deprive more children?
Disgusting. Completely and utterly disgusting.
- Joanne Smith, London, 12/08/2009 11:47
Report abuse
Are we sure her qualifications are genuine?
Doctors deal with traumatised patients everyday, its part of the job and even more critical as a Paediatrician
It would appear Dr Al-Zaayat is blaming everyone else except herself.
Perhaps the taxpayers of the UK should sue her.
- S. London, London, 12/08/2009 11:47
Report abuse
This doctor should be prosecuted for gross negligence,how dare she claim money.
- Jean, London England, 12/08/2009 11:47
Report abuse
Sick! Sick! Sick!
- Danny, London, 12/08/2009 11:47
Report abuse
It beggers belief that anyone is willing to back Dr Sabah Al-Zayyat in her claim for compensation. How 'cranky and miserable' would she be with a broken back and other serious multiple injuries, which I am sure that even I as a mere grandma could spot, let alone a so-called consultant. Shame on her and everyone involved in this case who failed this child.
- Hopping Mad, North West England, 12/08/2009 11:47
Report abuse
Understaffing is utterly irrelevant once she actually started examining the patient. At that point in time the baby had 100% consultant coverage in the room - this doctor. I wait with interest for the lawsuit results. Will her arguments be based upon one-on-one competence when dealing with a patient, or on technicalities?
The available evidence so far is damning, to say the least. I would suggest that the Medical Council be paying close attention too.
One good thing about this lawsuit is that the details of the matter will be made public, reducing the need for speculation and the, of necessity, still uninformed outrage - outrage that is fuelled by right-thinking adults who actually understand that they all, including this woman, have a duty of care to the young. As it stands, she seems to have been about the last chance that this baby had. She failed.
- Rogan, Irving, 12/08/2009 11:47
Report abuse
In all probability the Legal Ambulance chasers have collared her.
- Shallotman, Basildon, 12/08/2009 11:47
Report abuse
This woman was either incompetent or negligent or both. I hope she loses her case and has to pay every penny of the legal costs wasted on this case.
- Simon Ellis, London, 12/08/2009 11:47
Report abuse
"Full of the usual racist comments here.Employing foreign consultants [ in this case well qualified ]"
If she was "well qualified" she should have been able to diagonse a broken back and ten fractured ribs plus other injures such as being punched in the face and toe nails being ripped out.
- Pat, Essex, 12/08/2009 11:47
Report abuse
Why should the woman be sacked or struck off, I think that even I with no health training, could have seen that baby P was a child abuse sufferer, or at least I would have requested a 2nd opinion.
A shame on her for wanting to claim compensation. No doubt the services responsible will have a sympathethic view and give it to her.
- Carl Hammonds, Cheshire, England, 12/08/2009 11:47
Report abuse
Under Employment law, one the reasons for a fair dismissal is lack of capability or qualification. Failing to diagnose Baby Peter's broken back and the other injuries must pretty much demonstrates this.
As this woman will be judged to the standard of a competent doctor (the Bolam test)she won't have a leg to stand on. The woman was clearly incompetent, and that's why her contract was ended prematurely.
- Sonia M., St Albans, Herts, 12/08/2009 11:47
Report abuse
It all comes down to this: as a doctor, did she do what she had to do, i.e. examine the patient, seek history, treat the issue. She failed to do all three.
peter's parents killed him, not her but the fact that had she done her job properly, it could have been prevented, only adds to the issue.
- Penny, London, 12/08/2009 11:47
Report abuse
Errr? What exactly is unfair about her dismissal?
She failed to spot a child with a broken spine.
You don't only undertake a full medical on the basis that a child has a history of abuse. So whether she received this information or not is irrelevant. She failed in her job and she failed that child. Full stop.
- Jc, London, 12/08/2009 11:47
Report abuse
What a disgusting individual.
- St, London, 12/08/2009 11:47
Report abuse
Hmm... "miserable and cranky"??
I think I would be a might bit more than that with a broken back. How long before she plays the racial and religious cards I wonder?
Why are we employing doctors from Pakistan? I thought we had a glut of doctors failing to find jobs?
- Frank, Home Counties, England., 12/08/2009 11:47
Report abuse
Why can't any contract for any job be it banking doctors or football managers have a clause that says if you are not performing you can be sacked without companstion
- Dave Smith, Croydon, 12/08/2009 11:47
Report abuse
Its quite scary that Great Ormond Street are employing so called doctors who can't spot a broken back and broken ribs, and can't be bothered to carry out an examination because the kid was cranky.
- Stephend, London, England, 12/08/2009 11:47
Report abuse
She was on a 6 month contract that was rolling (i.e she had prob been there longer than 6 months), she is only entitled to a months pay if that, how can it be worth 6 figures?. She hasnt a leg to stand on as a contractor. I think she realises she won't be able to get another job again and is trying to get us the taxpayers to cough up. Well tough!!!
- Dc, Ealing, London, 12/08/2009 11:47
Report abuse
She clearly has no shame. Who's paying the legal fees . . . ?
- Roz, France, 12/08/2009 11:47
Report abuse
Gross misconduct is a sackable offence!!
If this poor excuse of a human is successful in her stupid, pathetic claims then there will be carnage.
I personally am sick to the back teeth of having my hard earned money gobbled up by these people.
Maybe if i fail to do my job properly, get the sack then claim for unfair dismissal i will be able to have / stole enough money to emmigrate from this now insane country.
- Gman, Kent, 12/08/2009 11:47
Report abuse
Never mind suing for loss of her job, it should not be allowed to remain registered as a doctor and should be struck off. Clearly incompetant and it obviously does not care that it made basic errors that led to the child's continued suffering and death. This medic should be before a judge and charged with neglegent homocide in the second degree at the very least.
- Michael, Moscow, Russia, 12/08/2009 11:47
Report abuse
A Doctor has to show a "duty of care" when dealing with patients,this Doctor did not show care and did not fulfill her duty and Baby P could have been alive today if she had done her job.
- Grumpy As Hell, wimbledon, 12/08/2009 11:47
Report abuse
SHE SHOULD HANG HER HEAD IN SHAME ,SHE SHOULD NOT HAVE BEEN ALLOWED TO BE A DOCTOR TO START WITH,HOW ON EARTH COULD SOMEONE MISS A BROKEN SPINE, IT BEGGERS BELIEF,I WOULD LIKE THE POWERS THAT BE TO INVESTIGATE ALL HER QUALIFICATIONS, AND THOSE THAT GAVE HER PASS MARKS SHOULD ALSO BE BROUGHT TO BOOK THERE IS FAR TOO MUCH OF THIS MISDIAGNOSIS CARRY ON GOING ON IF SHE HAD EVEN TRIED TO DO HER JOB PROPERLY MAY BE BABY PETER WOULD STILL BE HEAR IT IS ONE HORROR STORY AFTER THE OTHER IN THE NHS IT HAS ALMOST BECOME NOT FIT FOR PURPOSE I COULD ALSO TELL YOU A FEW HORROR STORIES ABOUT THEM, BUT THATS FOR ANOTHER DAY,TO THINK THESE CONSULTANTS GET PAYED OVER £100.000 PLUS PER YEAR,YEAR AFTER YEAR.IT IS SO DEPLORABLE, TO THINK THE AVERAGE WORKER EARNS ABOUR £16.OOO. IT IS MIND BLOWING,
- James Fennessey, london, 12/08/2009 11:47
Report abuse
Full of the usual racist comments here.Employing foreign consultants [ in this case well qualified ] because at 75K for a consultant that's peanuts , compare to MP's , bankers etc.Secondly , you do not examine throughly if someone is distressed.This wsas out of regard for the child's suffering.Thirdly , report says not enough consultants - overworked on the cheap again ! Fourthly , blame the cretinous parents for the child's death and condition - Anglo-Saxon white.Fifth, didn't see notes because of [now usual] British administrative incompetence[http://admin usually gossiping.|http://admin usually gossiping.]Yes , she is a scapegoat.What perverted stupid logic to call HER 'disgusting individual'.
- Chris M, morbihan.france, 12/08/2009 11:47
Report abuse
Never mind compensated, she should be deported
- Watson, London UK, 12/08/2009 11:47
Report abuse
I have three small children. The NHS has always been superb with them. On one occasion one of my kids broke her arm and they politely treated her and then kept us for several hours checking our history etc to make sure she wasn't getting abused - which is a good thing. It shows that most doctors do their job well. Anyone making generalisations about the whole NHS based on this or any other individual story is so typically British - we love a good moan.
And why is it that there is always at least 1 person ont his site who brings up race/religion. Her apparent incompetence has nothing to do with her race/religion and she's not claiming it had any impact on her being sacked. Some people on here are obsessed with Muslims.
- Saunaing Tic Gill, London, England, 12/08/2009 11:47
Report abuse
Baby "P" was'nt being cranky he was probably frightened,I would'nt let her examine me,she is so scary.
- David., Chertsey.UK., 12/08/2009 11:47
Report abuse
James, try typing in mixed case letters. Typing in UPPERCASE is a bit like shouting. You have fallen into the same trap that everyone does. The media proclaims people guilty so therefore they must be. The simple matter is that all the facts of this aren't in the public domain. The doctor may be guilty of misconduct, then again she might not. Shoesmith was portrayed by the media as someone worse than Beelzebub.
Ultimately the tragic cause of death of this child was his parents and carers.
- Adam, Harrow, UK, 12/08/2009 11:47
Report abuse
As somebody who supports the Haringey whistleblower, and who never knows whether to laugh or cry at any mention of Shoesmith, Balls (Edward), or sundry other Baby P morons, may I just second Watson ... don´t compensate ... deport with extreme prejudice (and I don´t mean that in a racist fashion).
- Tufftookas, Crouch End, London, UK, 12/08/2009 11:47
Report abuse
I agree with Penny.
How is this unfair?
Mind you knowing the messed up ways of the justice system, she probably will get some kind of compensation if not from the government it will be from the media just to write her version of the story
- Josh, London, 12/08/2009 11:47
Report abuse
How much did she pay to buy the Irish part of her "qualifications?
- Bingham Macnamara, lymington, hampshire, 12/08/2009 11:47
Report abuse
She should hang her head in shame,the arragant woman.
- Michael Campbell, londonderry n ireland, 12/08/2009 11:47
Report abuse
It doesn't matter if she was shown the child's previous medical records. At the end of the day Baby P could have come to her and this was the first time that he had been abused. As a doctor, it was her responsibility to make sure she checked him. She didn't do her job properly and the consequences were that she was let go. The fact that it was understaffed or anything should not come into the picture. She missed something that was vital and as a doctor, she should not have missed.
- Jk, London, 12/08/2009 11:47
Report abuse
Why hasn't the Medical Council stopped this woman from practicing totally
- Alex Pomeroy, london, 12/08/2009 11:47
Report abuse
Only thing that is surprising, is that people are surprised.
- Andy Davids, London, 12/08/2009 11:47
Report abuse
she was not given the medical history...........
she could not exmine the child and find the cause>>>may be as a DOCTOR she was only suppose to hear from nurses the cause,prognosis and treatment plans and give treatment to the child as she is paid ONLY 75000
- Bipin, london, 12/08/2009 11:47
Report abuse
All these organizations to defend the doctors and council workers and defendants. Pity there was no one to defend this little boy.
- Suzzy, UK, 12/08/2009 11:47
Report abuse
Dr Sabah Al-Zayyat, accept the fact that you failed in your job, take responsibilty for your lack of action to save the life of Baby Peter and hang your head in shame that you've had the audacity to sue Great Ormond street hospital for your own incompetence. You are a disgrace and as much to blame for the childs death as the parents through your lack of care. I only wish you had been struck off completely as you do not deserve to be a doctor. You were quick to take the contract salary, yet you couldn't be bothered to carry out your duties. Unfortunately my true feelings towards you cannot be put down here.
....and we wonder why the fabric of society is in decay.
- Alan, East London, 12/08/2009 11:47
Report abuse
Suing for being sacked?
She should have been prosecuted for criminal negligence!
I hope the case gets thrown out for the disgusting abuse of time it is - and I hope she gets fined ALL associated costs of BOTH parties.
- John T, London, 12/08/2009 11:47
Report abuse
I think she should be paid...the fare back to Pakistan, where the need for medical personnel is far greater than here.
- Croyboy, Croydon, 12/08/2009 11:47
Report abuse
- Adam, Harrow, UK
Baby "P" was'nt being cranky he was probably frightened,I would'nt let her examine me,she is so scary.
It is rare that an extremely dim person posts a comment but there has to be a first time.
- Minnie Ovens, London, UK, 12/08/2009 11:47
Report abuse
This woman has no shame.
I am disgusted that she is still practicing.
I cannot express legally my feelings for her and her type.
- British Not Racist, Bracknell England, 12/08/2009 11:47
Report abuse
Peter had a piece of his ear missing, multiple bruises, a fingernail missing, a huge swelling on his head, he would have had a massive swelling to his bladder because of his broken back. Without any files at all at her disposable she still never realised this child was being abused. She should be struck off by the GMC, not trying to get compo!
- Sue - Ex Nurse, Orpington, Kent, 12/08/2009 11:47
Report abuse
It truly amazes me that Dr Sabah Al-Zayyat has the audacity to blame GOSH and intends on seeking damages. Well - she is entitled to sue but I hope the judge(s) exercise common sense first and justice next by awarding her absolutely nothing...it's time now (particularly in light of the Fred Goodwin debacle) that high level managerial or executive failure CANNOT and MUST NOT be rewarded!!
- Ali Sichilongo, muffin, 12/08/2009 11:47
Report abuse
If she really felt under such impossibly huge pressure due to staff shortage she could have refused to work; strike etc... her damages claim now is just: " shutting the stable door after the horse has bolted.."
- Wilbren, london, 12/08/2009 11:47
Report abuse
Another stupid claim. with both sides being funded by us, the taxpayer.
- Jeremy E, Home Counties, 12/08/2009 11:47
Report abuse
This figure makes the £270 pounds raised for Great Ormand Street Childrens Hospital from a jumble sale I organised seem rather small.
- Peter Baily, London, 12/08/2009 11:47
Report abuse
I suggest we have a public whip round to help cover her legal cost's,or is she getting lrgal aid?
- Colin, Bristol, 12/08/2009 11:47
Report abuse
She should be sued for posing as a real doctor; it doesn’t take a genius to diagnose a broken back.
These immigrants do know how to get money from the British Tax Payer; and the British Tax Payers carry on paying out, year after year.
Time for a very big change in the UK today; or you will all; finally go under.
We have radicals all around us; its time to get radical back.
- Mickyinlondon, london, 12/08/2009 11:47
Report abuse
"It is rare that an extremely dim person posts a comment but there has to be a first time."
- Minnie Ovens, London, UK
Yup, nail on the head Minnie. Only thing is you've taken second place for not being able to figure out that the statement didn't come from Adam of Harrow. You now owe him an apology. Careful with your abuse in future.
- Nick, St Albans, UK, 12/08/2009 11:47
Report abuse
Aren’t doctors, like politicians meant to be "honourable" in their intentions - they often bleat "lack of funding", but are quick enough to want to starve the NHS (taxpayer, ill-person) of that same funding when they are disciplined for gross negligence!
In light of the tragic outcome of these incompetence’s we should all keep an eye on the outcome of this, it may well be a campaign worth challenging en mass if the powers that be are allowed to compensate such negligence with "money for blood"
- Darius Midwinter, London UK, 12/08/2009 11:47
Report abuse
It seems the more mistakes you make the more you get awarded, what happens when all the money runs out,do we just keep on printing it?
- Richard Edmunds, Rayleigh Essex, 12/08/2009 11:47
Report abuse
Ah, another of not my fault guv, it is the system, and I want to be compensated for being accused.
Better that her permission to remain be revoked and she be sent packing, and nost cost us another penny, whether by benefit claim or legal costs.
She was negligent in not following protocolsand now wants to be rewarded for failing to do her duty. NO WAY!
Go and do not delay your going for anything!
- Hugh, Middx, 12/08/2009 11:47
Report abuse
