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Page last updated at 18:52 GMT, Friday, 29 August 2008 19:52 UK

Father condemns death doctor move

Rajeev Srivastava
Dr Srivastava has been cleared to practise without restrictions

The father of a man who died after two doctors failed to diagnose a toxic infection has condemned the lifting of restrictions on one of them.

Dr Rajeev Srivastava was found guilty of manslaughter by gross negligence in 2003 after Sean Phillips, from Kent, died in Southampton General Hospital.

Myles Phillips said a decision by the General Medical Council (GMC) to allow him to practise freely was disgraceful.

The GMC said Dr Srivastava's fitness to practise was no longer impaired.

Sean Phillips, who was 31, died after going into Southampton General for routine knee surgery in June 2000.

He developed a rare condition called toxic shock syndrome, which was not diagnosed.

You are never going to see your son again and you are never going to say hello to him
Myles Phillips

Dr Srivastava, along with Dr Amit Misra, was given an 18-month jail sentence, suspended for two years, after being found guilty of manslaughter at Winchester Crown Court.

They were suspended from practising medicine by the GMC in November 2005.

Both were later cleared to practise again, but under supervision.

Dr Misra is still subject to supervision, but in June this year, restrictions were lifted on Dr Srivastava.

Dr Srivastava has worked as a specialist registrar in the Department of Biochemical Medicine at Ninewells Hospital and Medical School in Dundee since July 2006.

He said in his evidence to the GMC's fitness to practise panel that he had no intention of returning to orthopaedic surgery and that after an eight-year gap in training he would be "unemployable" in that field.

But Mr Phillips said the doctor could change his mind in future.

"He has now been allowed to practise again anywhere he wants in effect," he said.

Sean Phillips
Sean Phillips was admitted to the hospital for routine knee surgery

"It would be totally unreasonable for me to expect him never to work again.

"But what is perfectly reasonable for me to expect is that he should be properly qualified."

He said the family, from Faversham, felt Dr Srivastava had been given a second chance his son would never have.

"You are never going to see your son again and you are never going to say hello to him," he said.

"You are never going to give him a hug, or see your grandson open his Christmas presents with his dad there.

"All of that is all gone, all finished."

The GMC said in its deliberations that there was no evidence Dr Srivastava posed any risk to patients.

"The panel considers that public confidence in the medical profession has been protected by your period of suspension, subsequent period of conditional registration and your successful retraining in a new speciality," it said.

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Sean Phillips' father gives his reaction




SEE ALSO
Father's fury as doctor ban ends
30 Nov 07 |  England
Death doctor can practise again
28 Nov 07 |  Hampshire
Father condemns hospital fine cut
15 Nov 06 |  Hampshire
Death doctors given bans by GMC
22 Nov 05 |  Hampshire
Doctors appeal 'killing' verdict
20 Jul 04 |  England
Guilty doctors spared jail
11 Apr 03 |  Health

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