A WOMAN whose newborn baby died after disgraced surgeon Richard Neale allegedly refused to carry out an emergency operation is taking legal action against his hospital trust.

Solicitor Simon John claims that if the facts were proved, the circumstances would make it "one of the worst examples of obstetric malpractice" he has ever seen.

Meanwhile, North Yorkshire Police - which has been investigating the deaths of three former patients of Mr Neale - has revealed that they have called in an independent medical expert to review the evidence against the surgeon.

The mother-of-two, from North Yorkshire, has decided to come forward 12 years after the tragedy because she fears that other women may have suffered at the hands of Richard Neale.

She is still said to be "devastated" at the loss of her baby son, who died two days after he was born at The Friarage Hospital in Northallerton.

Up until now all the claims against Mr Neale, a consultant at The Friarage Hospital, in Northallerton, have involved gynaecological cases.

The beleaguered North Yorkshire hospital is already dealing with 77 official complaints from former patients of Mr Neale.

The new case involves an allegation that Mr Neale ignored a midwife's pleas for four hours during a difficult birth in 1988 and failed to carry out a delivery by Caesarian section, which could have saved the baby's life.

Instead, the baby was born naturally, suffered fits and died after two days.

Mr John, a senior partner from the firm of Cunningham John, which represents around 60 former patients of Richard Neale, said: "It seemed odd that this man, who could not be described as a good gynaecologist, appeared to have a clean sheet as an obstetrician, until now. I would not be at all surprised if there were lots of other people out there who have had similar problems."

He said it was not unusual for people who had suffered tragedies to come forward many years after they had happened.

The woman, who has asked to remain anonymous, approached The Friarage recently and was referred to the independent support group set up by victims of Mr Neale.

Graham Maloney, spokes-man for the Action and Support Group for Medical Victims of Richard Neale, called on The Friarage to re-examine obstetric cases handled by Mr Neale during the ten years he spent at the hospital to see if there are other cases which need investigation.

"It is very frightening. This case has raised an issue which is of great concern to everybody who has used The Friarage. You do not get one side of a surgeon's work being perfect and another side being atrocious. It needs to be investigated."

Mr Maloney said the new case illustrated the need for a major inquiry into the part played by The Friarage in the scandal surrounding Richard Neale.

Sheila Wright-Hogeland, founder of the patient group and a victim of Mr Neale, will raise the issue of an inquiry when she meets the Government's chief medical officer, Professor Sir Liam Donaldson, next Monday.

It will be the second meeting between the patient support group and Professor Donaldson since Mr Neale was struck off in July for professional misconduct..

Tony Bruce, chief executive of The Friarage, said: "I can't comment on the details of individual cases but clearly the death of a newborn baby is an absolute tragedy, more so if it was avoidable.

"Clearly, if there are any ladies who have concerns about the treatment they received at The Friarage then they should make contact with us. I can assure them that their concerns will be treated honestly, openly and sympathetically."

Plans to set up a patient help-line were progressing, he added.

Read'I just want him to say sorry'

Read the background to the Neale case here.