Although Dr Moyano has been cleared of any criminal conduct in respect of Mrs Rourke’s death – the result of complications during a gynaecological operation – a Health department investigation into the circumstances of the tragedy is, quite properly, still under way. And it is fair to say that it will have to address some very difficult issues.
Among these are the two General Hospital reports which were filed before Dr Moyano operated on Mrs Rourke. As revealed by this newspaper on Saturday, the reports, which were presented to the Royal Court but not to the jury, raised concerns about the doctor’s competence and diligence.
Unfortunately, as well as initially declining to acknowledge that the reports had been compiled, the hospital authorities appear to have failed to take any action on them before Dr Moyano operated on Mrs Rourke.
It is easy to be wise after the event, but had an investigation into the reports been launched immediately a life might well have been saved.
There are, meanwhile, other perplexing questions relating to this sad case, some of which cast further doubt on the reliability and suitability of Health’s procedures. It is, for example, legitimate to ask why an anaesthetist involved in the struggle to save Mrs Rourke was then allocated a role in an initial inquiry into what had happened. It is even more legitimate to ask why Health executives initially denied that the anaesthetist had any such role.
Lastly – but perhaps not finally – there was a perplexing omission from Dr Moyano’s trial. Although consultant gynaecologist John Day was heavily criticised during proceedings for leaving Dr Moyano to operate on her own, neither the defence nor the prosecution saw fit to call him as a witness. Why this was so is a mystery.
None of these extremely serious issues can be brushed under the carpet. There can, therefore, be no question of the results of the present internal investigation remaining an internal matter. Islanders must be reassured that any and all inadequacies in present procedures are identified and addressed.