Hospital faces patient death case

Sean Phillips died after surgery at Southampton General Hospital

A hospital is to be prosecuted over the death of a patient from toxic shock syndrome after two of its doctors failed to diagnose his condition.

Southampton University Hospitals NHS Trust is accused of breaching the Health and Safety at Work Act.

It follows the death of Sean Phillips, 31, of Southampton, days after a routine knee operation in June 2000.

Two doctors, Amit Misra and Rajeev Srivastava, were convicted of his manslaughter in April 2003.

Poor supervision

An appeal failed to overturn their convictions, for which they received 18-month jail sentences, suspended for two years.

The Crown Prosecution Service (CPS) is accusing the trust of breaches of health and safety regarding the management and supervision of the two doctors.

Dr Misra and Dr Srivastava were senior house officers (SHOs) when Mr Phillips, originally from Faversham in Kent, died.

A pre-trial hearing took place at Southampton Crown Court on Tuesday and the case adjourned until 16 December.

During the hearing, Hywel Jenkins, barrister for the CPS, said the two sides were still in discussion and that a formal arraignment of the charges be postponed.

'Significant implications'

The court heard the case could have significant implications for other parts of the NHS.

The CPS indictment states the trust is accused of employing Dr Misra without taking up a reference from his last employer and without conducting a face-to-face interview.

It also states the trust is accused of failing to organise ward rounds properly in trauma and orthopaedic departments "that would ensure that every patient who was developing medical problems was seen by a consultant".

It said the trust is also accused of failing to supervise SHOs properly and failing to encourage nursing staff to report their concerns about other staff members.