Bacchus Marsh baby deaths: Dr Lee Gruner banned for 10 years

An ex-director at Bacchus Marsh Hospital where 11 babies died will likely never practice medicine again, stripped of her registration over professional misconduct.

Natasha and Ben Mc Millan lost their daughter during birth at Bacchus Marsh hospital. Picture: Rob Leeson.

The former director of medical services at Bacchus Marsh Hospital where 11 babies died will likely never practice medicine again after she received a 10-year ban.

Former hospital consultant director Lee Gruner, now aged in her 70s, was on Monday stripped of her medical registration by the Victorian Civil and Administrative Tribunal and banned from reapplying to practice for a decade.

Dr Gruner was a consultant director at Djerriwarrh Health Services, which operated a maternity ward at Bacchus Marsh hospital, between 2009 and 2015.

The service was investigated in 2015 following a cluster of 11 baby deaths, seven of which were later found to have been avoidable.

Dr Gruner was not accused of being responsible for the infant deaths but faced professional misconduct allegations from The Medical Board of Australia for governance failings during her tenure.

Natasha and Ben McMillan lost their baby daughter Eloise during childbirth at Bacchus Marsh Hospital. Picture: Josie Hayden

She contested the allegations, telling a VCAT hearing last year the hospital was “dysfunctional” and she was not given a “skerrick of authority” by its chief executive.

Dr Gruner also claimed she never saw a written contract or role description during her six years in the job.

But VCAT found three professional misconduct allegations against Dr Gruner, including that she continued in her role despite knowing she could not adequately meet its requirements.

The tribunal also found Dr Gruner failed:

• To adequately ensure the safe delivery of clinical services.

• Undertake appropriate performance reviews of Medical Officers.

• Ensure that Medical Officers’ record-keeping was appropriate.

• Ensure that Medical Officers were appropriately credentialed and were working within the limits of their defined scope of practice.

• Address the identified risks of medical staffing in the obstetric unit.

Ross Caldera and Stacey Nadarajah with son Dyrell had a stillbirth at Bacchus Marsh hospital in 2013 - it was one of many baby deaths investigated. Picture: Rob Leeson.

Following the decision, Medical Board of Australia chair Anne Tonkin said there was “no excuse” for those in clinical leadership roles to not know what is expected of them.

“The buck stops with them,” she said.

“We should not need to go through these tragedies to learn these lessons.”

Australian Health Practitioner Regulation Agency chief executive Martin Fletcher said his heart went out to the families who had lost babies.

“It is vital that lessons are learned to improve patient safety to prevent future harm for other families,” he said.

The findings conclude the final tribunal matter relating to investigations into practitioners working at Bacchus Marsh Hospital between 2011 and 2013.