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'Kyran's Rule': Parents of infant who was fatally misdiagnosed are campaigning for change

The parents of a six-month-old boy who died after he was misdiagnosed at a New South Wales hospital are forcing the medical system to change.

NSW pediatrician Toby Greenacre diagnosed Kyran Day with gastroenteritis at Nowra's Shoalhaven Hospital on October 19, 2013 but the infant died within three days.

Kyran was actually suffering from a bowel obstruction and the correction was not made until less than a day after his parents, Naomi and Grant Day, took him to see the first doctor.

Naomi and Day are lying in a hospital bed with their six-month-old Kyran after he was misdiagnosed. Photo: Facebook
Naomi and Day are lying in a hospital bed with their six-month-old Kyran after he was misdiagnosed. Photo: Facebook
Naomi and Grant are currently introducing 'Kyran's Rule' a law to make a mother's instincts heard. Photo: 7 News
Naomi and Grant are currently introducing 'Kyran's Rule' a law to make a mother's instincts heard. Photo: 7 News

About 30 hours later, when doctors realised he was actually suffering an obstructive bowel, Kyran was rushed to Sydney Children's Hospital for specialist surgery, suffering several cardiac arrests.

Kyran was successfully operated on and put on life support but died because his brain was starved of oxygen

His ventilator was turned off on October 22.

The Day family have exclusively told 7 News of the shocking moment their son's body went completely floppy and what went wrong.

"He (Kyran) died from the mismanagement and mistreatment, the treatment that didn't happen," Mr Day said.

"He couldn't hold his head up. His body was completely floppy."

Grant and Naomi told 7 News it was heartbreaking seeing their son's tiny body tangled among tubes. Photo: 7 News
Grant and Naomi told 7 News it was heartbreaking seeing their son's tiny body tangled among tubes. Photo: 7 News

Naomi and Grant are pushing for a consumer and family escalation process to make sure parents' concerns are taken seriously in hospitals.

They are championing 'Kyran's Rule' - a law to make a mother's instincts heard.

They will also be setting up a foundation to help parents who have lost a child to medical negligence.

To support the Day family’s push to implement 'Kyran’s Rule' [https://www.change.org/p/health-minister-kyrans-rule-a-consumer-family-escalation-process-for-nsw-as-in-qld-for-ryan-s-rule |click here].

Kyran died because his brain was starved of oxygen and his ventilator was turned off on October 22. Photo: 7 News
Kyran died because his brain was starved of oxygen and his ventilator was turned off on October 22. Photo: 7 News


The Day family aren't against Dr Greenacre - the man accused of misdiagnosing Kyran - but they want action to be taken and for a mother's intuition to be taken into account.

During an inquest, Dr Greenacre told the Days he was sorry they had to witness their child suffering in his final days.

"You are not alone in your grief," Dr Greenacre said in a prepared statement.

"Kyran has been and will continue to be in my mind every day. I will never reconcile to his death."

Paediatrician Dr Toby Greenacre reportedly said he had “more urgent cases” at the time and didn’t attend to Kyran until later. Photo: Facebook
Paediatrician Dr Toby Greenacre reportedly said he had “more urgent cases” at the time and didn’t attend to Kyran until later. Photo: Facebook
The doctor who misdiagnosed Kyran says the infant has been in his mind everyday since. Photo: 7 News
The doctor who misdiagnosed Kyran says the infant has been in his mind everyday since. Photo: 7 News

Chief Executive of Illawarra Shoalhaven Local Health District Margot Mains has released a statement saying the hospital has conducted an internal investigation into Kyran's case.

"The internal investigation, together with the HCCC investigations, delivered recommendations and lessons, mainly around staff education and training and transfer processes, which have now been implemented by the Shoalhaven District Memorial Hospital," the statement read.

Ms Mains said Dr Greenacre is still practicing at the Hospital and since the incident two additional junior doctors in paediatrics and a Clinical Nurse Specialist have been appointed to provide further assistance within the Emergency Department.

"The LHD will, of course, carefully consider and review any recommendations should they arise at the conclusion of the Coronial Inquest," the statement read.

News break – June 8