In 2004, Dr. Enrique Tomeu abruptly closed his Virginia Beach obstetrics practice and left the area after being sued repeatedly for allegedly injuring babies during delivery.
His departure prompted an account in The Virginian-Pilot examining how doctors accused of malpractice are able to move and keep practicing, leaving no easily accessible record of their history behind.
Now it seems that the worst may have been yet to come.
In New Zealand, where Tomeu practiced for a year after leaving Hampton Roads, a coroner has found him at least partly responsible for a baby's death. Relieved of his duties there, he has turned up in North Carolina - still practicing medicine.
The case illustrates anew that despite reforms in recent years aimed at wider dissemination of doctors' malpractice histories, it's still possible for them to stay a step ahead of their records by moving.
The death of Ella McMillan-Meager in June 2006, two days after her delivery by Tomeu, was featured
earlier this month in an investigative report on the New Zealand version of the "60 Minutes" TV news magazine.
"I'll never forgive him," Felicity McMillan, the baby's mother, said of Tomeu in the TV report. "He came into our life and destroyed it. He killed our daughter."
According to a coroner's report, a forceful pull by Tomeu during the delivery was "a causative, or at the very least a contributing factor," in the infant's death from a massive subgaleal hemorrhage, a bleeding in the brain that can result from the use of a vacuum device applied to the baby's head.
Testimony at the coroner's inquest indicated that Tomeu used a vacuum extractor during a difficult labor. Witnesses said Tomeu climbed onto the birthing bed to get better leverage for the pull.
Another factor in the death, the coroner ruled, was blood loss that resulted when the umbilical cord became tangled around the baby's head and Tomeu, trying to untangle it, tore the cord out of the infant's body.
The coroner, Trevor Savage, also expressed concern about what he called Tomeu's attempts to "sanitize" the medical record of the birth by directing hospital staff not to record that he had torn the cord and to record that he was able to complete the delivery in one gentle pull.
"I find that the extraction was far from gentle and that, on the contrary, it was a very forceful pull," Savage wrote.
Tomeu estimated the blood loss from the torn cord at 20 milliliters, which Savage called a "gross underestimation." Other medical staff present at the delivery put the figure at 100 milliliters - one-third of the baby's total blood volume.
Tomeu's hospital privileges were suspended while the incident was investigated, and he returned to the United States. He is now on the staff at Crist Clinic for Women in Jacksonville, N.C., and has clinical privileges at nearby Onslow Memorial Hospital.
Tim Strickland, a spokesman for the hospital, said a state law mandating confidentiality of the credentialing process for doctors prevents him from saying whether the hospital was aware of Tomeu's history when it granted him privileges.
According to Virginia Beach Circuit Court records, Tomeu was named as a defendant in seven malpractice lawsuits over 10 years. Three of those cases resulted in payments to the plaintiffs - two settlements and one jury verdict - totaling more than $500,000.
The circumstances in those three cases were similar. Each time, a baby delivered by Tomeu allegedly suffered shoulder dystocia, an injury that can occur when the baby's shoulder becomes caught behind the mother's pelvic bone during delivery. In that position, the nerves that connect the baby's shoulder, arm and hand to the spinal cord can be stretched, torn or pulled out of the spinal column.
The injury, which is most common in deliveries of large babies, can result in a condition known as Erb's palsy, a form of paralysis that can leave the shoulder, arm and hand permanently disabled.
One of the cases, settled in 2003, involved a baby that weighed 10 pounds, 3 ounces. According to the lawsuit, when Tomeu encountered difficulty in the delivery, he used a vacuum device to help extract the infant.
Stephen Swain, the plaintiffs' lawyer in all three cases, said Tomeu's continued ability to practice medicine, first in New Zealand and now in North Carolina, reflects a flawed system of regulating physicians.
"I can't imagine why they would let him practice," Swain said. "Every time I hear he's practicing somewhere, I'm surprised."
Tomeu, 58, a native of Cuba, is a graduate of the medical school at the University of North Carolina in Chapel Hill. He completed his residency in obstetrics at Eastern Virginia Medical School in 1984. He did not respond to repeated requests for an interview.
In recent years, public pressure to open up the medical regulatory process has prompted a number of states, including Virginia, to set up searchable online databases of information about doctors.
In a 2006 survey of those state initiatives, the nonprofit group Public Citizen rated Virginia's database the second-best in the country with a score of 79.2. The median score was 42.4. North Carolina's database was ranked 24th with a score of 45.2.
A consumer looking up Tomeu's profile on the North Carolina Medical Board Web site would learn only that he has a current medical license and has faced no public disciplinary action in North Carolina. There is no mention of his history in Virginia or New Zealand.
A new state law provides for expanding the North Carolina database to include such information, but Jean Fisher, a board spokeswoman, said it is not expected to be fully implemented before January 2010.
Tomeu's profile on the Virginia Board of Medicine Web site is more informative, if not always complete or consistent with other accounts. The information is self-reported by the doctor, who is required by state law to include disciplinary actions outside Virginia.
Tomeu's account of the New Zealand incident reads in full: "Bad outcome on birth June 2006. Clinical privileges suspended during investigation. Investigation did not fault clinical management, but was critical of my communication skills within New Zealand. I returned to the US before investigation was completed."
Bill Sizemore, (757) 446-2276, bill.sizemore@pilotonline.com
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cont... be certain, I did
cont... be certain, I did not take it. The next appointment, he was very rude about my decision. I asked the front desk if I could not see him again and they told me I had to see every physician at the clinic and I did not have a choice and that is when I switched. The issue isn't that the entire clinic is bad, because I liked several of the other doctors and don't believe that it is, but that they have someone working for them that you are forced to see and may deliver your child with such a stained history and careless attitude regarding something so important in every family's life. I would not take the risk of allowing this man to be my physician while pregnant.
I have read all of these
I have read all of these comments, and as a lamaze childbirth educator, some things really do shock me. First, your body is designed to give birth, so you can't determine that one doctor having this many "misfortunes" in multiple locations are the mothers fault because they desired to have a natural labor. Research has shown that since the use of routine interventions such as assisted delivery (vacuum/forceps), c-sections, epidurals, etc that mothers and babies are both fairing worse. In fact, we have the second highest infant and maternal death rate of any industrialized nation in the world following Italy. But that's a whole other discussion. I'm not saying these interventions aren't necessary, just that sometimes they are used unnecessarily and improperly which appears to be the case here. Also, I personally went to Crist Clinic with my pregnancy (my daughter is 8 months old) and switched because Dr. Tomeu, (who I only saw once) prescribed me 800 mil IB Profin in my 2nd trimester for headaches which is a big mistake and can greatly damage the development of the baby. I new this and asked him repeatedly and he insisted it was fine. After consulting with my pharmacist to
unbelieveable....
I used to work at the Crist Clinic years ago and for the nursing student who says how great their bedside manner is never seen them in the office environment!
I listened as the two older doctors talked about every women who came in. How sexy one was, how fat she is, did you smell her, can't believe she's here to have another baby, can't believe this ones back for another abortion. Day after day I heard these comments. I would also witness them telling young girls to quit crying over getting the abortion. Your on the table now, shut up and deal.....
That is why I quit!
As for this doctor, OMG! Who would want to even chance that it wouldn't happen again with him. Yes, things happen but why subject yourself with the possibility of increasing your chances for harm to come to your baby.
I think everyone should know about him.
A doctor with that many 'mistakes' should not be caring for our babies!~
Dr Tomeau killed that child!!!
After reading the dispicable comment post by getaclue, I sincerly hope that they experience similar misfortune in their life. Perhaps it will put their ignorant and hateful comments in perspective.
I can tell you that Dr Tomeau used enough force that the father had to hold the mother to prevent her being dragged from the bed, this not only caused massive head injury's to the child but tore the umbilical cord from her body and ruptured an artery in the mother. He then grossly underestimated the amount of blood loss which hampered further treatment finally he falsified his report and coerced the attending mid wife to do likewise in an attempt to conceal his incompetance.
New Zealand Law doesnt allow malpractice law suits against the medical profession! This is not about money because there is none to be gained. This is about preventing the deaths of other children and ensuring this criminally, incompetant doctor is struck off!
I'm the mum of one of the babies who died in NZ
I'm also a journalist, and the one who broke the story in NZ. My daughter died too, because Mr Tomeu, who had helped me get pregnant in the first place, failed to diagnose a PROM which caused an infection and she died 10 hours after birth.
I shudder at some of your judgemental comments, especially those insinuating that Ella's mum and I went after Tomeu for financial reasons. For your information we cannot sue doctors in NZ. We went after him because he is dangerous, and has been found responsible for Ella's death, and responsible of mismanagement in my daughters case.
He was my OB/GYN
I have to say that I am shocked to read about ALL of these lawsuits and malpractice issue with Dr. Tomeau. In May of 1994 I gave birth to a beautiful baby girl with Dr. Tomeau as my OB. At that time I felt he was wonderful, great bedside manner with great attention to my pregnancy. He handled my going into pre term labor at 28 weeks with ease. My daughter was and still is my life ( she is now 14). After reading the issues that arised from the difficult deliveries he handled, I feel SOOOO fortunate that my labor and delivery last all of 45 minutes from start to finish. I feel fortunate that my daughter's birth occurred so fast that he did not have to do anything aside from "catch" her. Although I had an amazingly wonderful experience with him as an OB and surgeon (two weeks after she was born I had a tubal ligation), I feel future patients should absolutely have the ability to review any and all "history" records of the doctors they are considering for their healthcare. I delivered my son in Indiana in 1992, had a wonderful OB there and had a VERY difficult delivery. After receiving an OD on the epidural and having to lay there for 5 hours before I could even feel my body t
Former patient
I am a former patient of Dr. Tomeu, I thought highly of him after my surgery that he performed and felt confident that I had found a great GYN. I was scheduled for an appointment in December 2004 and happened to drive by the office on First Colonial one day only to notice his office was gone. It took forever to get my medical records back and I only knew what to do because WAVY did a report on what had happened to other patients like me.
I was told by the doctor who took his medical records that he had moved to Texas because of the cost of OB insurance at Sentara was too high and he wasn't allowed to just practice GYN there only.
Last summer I Googled his name because it always seemed suspicious to me that he just picked up and left the area without notifying patients, that is when I came across this story about the woman in New Zealand and I also saw that he was practicing in Jacksonville, NC. I also learned about the database and was suprised to learn about malpractice lawsuits that were against him. I realize that OB/GYN doctor's have a higher risk of that and it did not surprise me but the different accounts of problems that I have read online made me scared to think
Home Births
OBGYN's are not trained to perform "natural births". They are trained surgeons, the perform surgery. They are better at performing C-Sections than a natural birth. That's why mothers should consider home birth with a midwife if they want a true natural birth.
Look at my user name!!!!!!!!
First off let me begin by saying everyone is looking to profit off anything, even the most unfortunate tragedies. It is a sad fact but not everyone gets a happy birth experience. There are many things that can and will go wrong with both mother and baby. Shoulder dystocia is fairly common and most often happens with superficial moms that don't follow Dr. recommendations for C section (like the New Zealand mother). `Like I said stuff can and does go wrong and these Dr.s have the responsibility to act in a matter of life and death in a moments notice. But because hindsight is 20/20 people like Mr Sizemore's lawyer friend, and certain would be mothers always look for the payday. Their stories gather strength because of simple minded people who believe everything they hear or read in the news. You all probably voted for Bush too. Not to mention the fact that I don't hear anyone given the opportunity to tell their stories of how Dr. Tomeu's quick actions saved their babies. Those who are quick to join this lynch mob should really question themselves. How many things change quickly at your jobs. Just because life and death doesn't count on whether fries are "to go or for here"
I AGREE!
I agree with the last post about all babies do not make it!!! Dr. Tomeu was my sons doctor he took amazing care of me during my pregnancy. He allowed me to make all my decisions and of all the doctors in the crist clinic remembered me time after time. Thats right I am in the Jacksonville Area! My son was born in 2007. I have also seen doctor Tomeu and the crist clinic doctors in the hospital setting as I am a NURSING STUDENT. They do amazing surgeries and have excellent bedside manner. Lawyers do play this up! Sad thing is once the baby has decended so far into the birth canal its either risk the vaccum or risk death to both mother and baby. No doctor is God!
True but appears to be a history
That's true that babies do die doing birth, but it's also true the majority of lawsuits are generated by a minority of Doctors. The inability of the system to revoke the license of bad Doctors is a serious problem. I think this happens more in specialties because people are lured by the higher income when they're not up to the higher challenges. A peer review will get some answers whether he was at fault.
Not all babies make it
A large baby wedged in the mother means you have to choose quickly between the life of the mother or the life of the baby. Not all babies make it and that doesn't mean the doctor had anything to do with it. OBs are leaving the field right and left because everyone who doesn't get a perfect baby, REGARDLESS OF THE REASON, sues the doctor. It's not the doctor's fault when the baby is stuck and this is why defensive
C-sections are rampant. I wouldn't do a natural birth on anyone if I were an OB-GYN because I'd be damned if I did and damned if I didn't!!
NOT ALL BABIES MAKE IT. Sad, but true and it's not always the doctor's fault--blame the lawyers who put up billboards to entice more sue-happy plaintiffs. We all pay the cost of these malpractice awards through the now astronomical cost of health insurance!
His rep will catch up with him
By exposure to the public through this forum and others, this doctor's reputation will catch up with him....he can run and he can leave the country, but he can't hide. Folks in Jacksonville NC beware. Stop him before another tragedy occurs.
Got a work visa without a background check?
Doesn't New Zealand check your qualifications before issuing a work visa?
One more thing to worry about . . .
One in 150 children is born with autism, and we're not even close to finding out a cause. Down syndrome, cystic fibrosis, sickle cell, cancer, etc. Now we have one more thing to worry about-doctors who just don't care. At the moment, I really can't think of anything scarier or more sickening than going through an entire pregnancy knowing you have a healthy baby just to have it murdered at birth.
18 yrs ago....
When I had my first son, this doctor was in practice with my OB. He had a reputation then as being very cold and unpleasant; all the women on the newborn unit dreaded him being on duty and I saw why. He was very rude and I was just happy he wasn't my doctor.
He was my doctor once.
Dr Tomeau delivered my son in 1996. He seemed to be a great doctor to us and we were very pleased. Our son is now 11 and loves to play sports and also made all A's on his report card this year.
Whenever I encountered bad publicity concerning Tomeau, I just thought it couldn't really be true.
After reading this article, I kind of shudder and think that my child could have become one of his victims.
absolutely disgusting & unacceptable
we make all known attempts to control cigarettes,guns and alcohol and yet doctors like this are not monitored or scrutinized. My thoughts and prayers to the families affected by this cretin.
seems to me the medical community needs to do some self policing to instill & maintain confidence in our medical systems.
Dr Tomeu
Dr Tomeu was my gyno for 4 years. He did 2 surgical proceedures on me which turned out fine. He left Virginia Beach suddenly without even letting his patients know-gave our records to another dr who wanted to charge us to get our own medical records. I was shocked when this happened as I trusted him. It is very scary to know that people like him are allowed to keep their license after something like this. People in Jacksonville NC should be made aware of this quack.
Bella's Mom
VA BCH
The website is
This article refers to the website, but does not give the link. In case you are interested, not only for this doctor but for any provider, the website is wwww.vahealthproviders.com. It's a searchable database open to the public.