A midwife accused of administering a drug which caused more than 20 unborn babies to have an abnormal heartbeat has lost her fight to avoid facing professional disciplinary proceedings.
Kirsteen Stewart, of Newmachar, was suspended from Aberdeen Maternity Hospital in 2010 after concerns were raised by colleagues about her clinical practice.
The 49-year-old was subsequently sacked by NHS Grampian.
She was initially suspended for 18 months by the Nursing and Midwifery Council (NMC) in March 2010, but this was extended several times after the original suspension lapsed.
In July last year, the NMC decided to call her before its conduct and competence committee, to determine whether her fitness to practice had been impaired.
Ms Stewart’s case had been brought before the Court of Session after she attempted to overturn the NMC’s decision.
Her legal team had argued that she would not be able to have a fair trial due to the delays in the case.
They also argued the NMC had failed to fully investigate the allegations against Ms Stewart, and did not have enough expert evidence to take disciplinary action against her.
However, yesterday, the court dismissed Ms Stewart’s challenge and ruled that the NMC could proceed with disciplinary proceedings.
In her judgment, Lady Valerie Stacey said she accepted the NMC had not acted as quickly as it should have.
“The delay from 2010 until 2015 is not satisfactory but I am not persuaded at this stage that it is such as to require reduction of the decision to send the case to the conduct and compliance committee.
A report by the NMC alleges that between October 4, 2007 and march 13, 2010 Ms Stewart administered a drug which caused unborn babies to develop bradycardia – when the heart beats very slowly.
Police launched an investigation when concerns were first raised but decided in 2012 they would not take action.
Ms Stewart declined to comment last night on the court’s decision.
The NMC said it would not comment on individual cases but confirmed a hearing would be organised for the future.