THE doctor sacked by Great Ormond Street Hospital for failing to spot Baby P's broken back is to sue for damages.

Dr Sabah Al-Zayyat, who was the last doctor to examine Peter before he died, failed to carry out a full examination on August 1, 2007, because he was "miserable and cranky", her notes read.

During the trial, experts who carried out the post mortem examinations revealed the 17-month-old would have had a broken back at the time, as well as old fractures to his ribs and right tibia.

Dr Jane Collins, chief executive of Great Ormond Street Hospital, later laid the blame at the feet of the paediatrician.

She said: "Our considered view based on the evidence of the independent review was that Dr Al-Zayyat should have entertained the possibility that Peter suffered non-accidental injuries and should have taken appropriate action on that day."

But Peter was sent home with his mother after attending the child development centre at St Ann's Hospital, in Tottenham, and was found dead in his cot two days later.

Dr Al-Zayyat is expected to argue that she was made a scapegoat to hide the for wider failures, such as information-sharing, at the children's hospital.

She will be represented by lawyers from the Medical Protection Society.

In a prepared statement, Dr Al-Zayyat said: "I have been deeply affected by the shocking and tragic circumstances of this young child’s death.

"My professional career has been devoted to the care of children, and I have nothing more to add at this time.”

Great Ormond confirmed they have received notice of legal action against them.

The hospital said: " We will vigorously defend our position. We believe we acted fairly and in the interests of patients.

"Detailed rebuttal of Dr Al-Zayyat’s claims will have to wait for any hearing. We didn’t scapegoat her. The case surrounds her dismissal from GOSH following the decision not to renew her fixed term contract."