Foul play was ruled out as a cause of Tony's death
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Legal proceedings have begun against a health trust after the death of a boy aged nine at a Chelmsford hospital.
Tony Clowes, of Dagenham, died during a routine operation on his finger at Broomfield hospital in July 2001.
The youngster had been given a general anaesthetic but the oxygen tube became blocked, an inquest heard.
Mid Essex NHS Hospitals Trust is accused by Health and Safety officials of failing to ensure the safety of persons not in its employment.
The case has been committed to Chelmsford Crown Court for November.
The Crown Prosecution Service decided against prosecution after a police investigation concluded that Tony's death was not the result of any criminal act.
The health trust said it was "innapropriate to comment" ahead of legal hearings.
An inquest jury found that "system neglect" contributed to the youngster's death.
Unknown to doctors, a piece of connecting tube forming part of the anaesthetic apparatus had been blocked by a tiny plastic cap from another piece of surgical equipment, the inquest heard.