NHS trust fined over boy's death

Foul play was ruled out as a cause of Tony's death

An Essex hospital trust has been told to pay £40,000 for failing to ensure the safety of a nine-year-old boy who died during a routine operation.

Tony Clowes of Dagenham died during an operation on his finger at Broomfield Hospital in Chelmsford in July 2001.

The youngster had been given a general anaesthetic but the oxygen tube became blocked by a plastic cap.

At Ipswich Crown Court, Mid Essex NHS Hospitals Trust was fined £30,000 and ordered to pay £10,000 in costs.

In May 2003 an inquest jury found that "system neglect" contributed to the youngster's death.

The blockage in the pipe starved Tony of oxygen as he was being prepared for surgery, but operating theatre staff were unaware of the problem at the time.

He's always in our thoughts and always will be Tony's father, George Clowes

In the case brought by the Health and Safety Executive on Tuesday, the Mid Essex NHS Hospitals Trust pleaded guilty to breaking safety rules.

After the case the trust said that Judge Mr Justice Gross had ruled that its failure to effectively distribute safety notices had not contributed to Tony's death.

However, the trust said it was fined for breaching its duty to patients by its general failure to distribute effectively safety notices to clinical staff.

Andrew Pike from the trust said: "The hospital has always accepted its responsibility for the loss of Tony and we remain totally committed to achieving and maintaining the highest standards of safety and safety management for our patients and our staff."

After the hearing Tony's father George Clowes said of his son: "He's always in our thoughts and always will be, and anybody whose life he touched will remember him."