Megan Fletcher-Smith, instructed by Harjinder Saundh of Thompsons Solicitors and Julia Ellis of the Royal College of Midwives, successfully represented a midwife charged with dishonesty before the Nursing and Midwifery Council, in a 9 day hearing.
It was alleged that, after a poor birth outcome, the midwife had falsified patient notes in order to conceal failings in her own practice. The allegations dated back to 2018.
Megan challenged the internal investigator who had failed to recognise serious discrepancies in the evidence, and had drawn nonsensical conclusions. She was able to demonstrate that the resulting investigation report contained numerous flaws and inaccuracies, rendering it unfair and insufficiently thorough. Under Megan’s cross-examination of a vital Registrar witness, Megan was able to thoroughly test her evidence and highlight inconsistencies. She was able to demonstrate that the Registrar had reason to push blame onto the midwife, as had she not done so she would have had to accept responsibility for failing to act when concerns were raised to her. Having heard Megan’s detailed submissions on witness credibility, the panel determined that the Registrar witness’ evidence was ‘inconsistent’, ‘defensive’ and ‘contradictory’.
Having also heard the registrant midwife’s evidence, the panel found that none of the facts against the registrant midwife were proved and the case therefore stopped at the conclusion of the facts stage. An experienced, conscientious, capable and honest midwife may now continue their work in improving the standards of care for people in labour and their babies.
View Megan’s profile here