Bristol scandal surgeon 'scapegoat'

Janardan Dhasmana claims unfair dismissal

A surgeon at the centre of the Bristol heart baby scandal has claimed he was sacked unfairly.

He is taking his former hospital to an employment tribunal in a bid to win compensation.

Janardan Dhasmana, one of the three doctors caught up in the case, said the hospital trust that dismissed him was "caught up" by media attention.

Between 1988 and 1995, 29 children died and four were left brain damaged following operations at the Bristol Royal Infirmary.

But a statement from the surgeon's legal team, submitted to an employment tribunal in Bristol on Tuesday, said the United Bristol Healthcare NHS Trust had made the surgeon "a scapegoat".

Operation ban

The surgeon was banned from operating on children for three years after being found guilty of serious professional misconduct by the General Medical Council following the scandal.

That ban was lifted last month, although Mr Dhasmana undertook never to carry out heart operations on children again.

However, Mr Dhasmana's legal team said the trust was caught up in the publicity surrounding the case and that public and political opinion influenced the decision to dismiss him.

He is claiming unfair dismissal and breach of contract.

A number of staff in different disciplines would refuse to work with him

Hugh Ross, chief executive of the NHS Trust

The tribunal heard from the NHS Trust's chief executive Hugh Ross, who denied his decision to dismiss Mr Dhasmana was influenced by external factors.

He said he had consulted senior staff over what would happen if the surgeon returned to work.

He said: "A number of staff in different disciplines would refuse to work with him which meant that effectively special arrangements would have to be made."

In 1998, the other doctors involved in the scandal, James Wisheart and John Roylance were struck off.

The episode prompted a huge public inquiry which made recommendations for surgeons to be more accountable.

The employment tribunal is continuing.