Doctors were 'rightly convicted'

Sean Phillips died after surgery at Southampton General Hospital

Two doctors found guilty of killing a patient in their care were "rightly convicted", a court has heard.

Dr Amit Misra, who works at Newcastle's Freeman Hospital, and Dr Rajeev Srivastava, were last year convicted of manslaughter due to gross negligence.

Both received 18-month suspended jail sentences and are appealing against the verdicts.

London's Appeal Court was told that the doctors failed to address a situation that required urgent action.

Dave Perry, appearing for the Attorney General, Lord Goldsmith QC, told the hearing the convictions must stand.

He said: "The guilty mind arises because, when confronted with the risk that cries out to be addressed, one simply does not address it."

'Criminal offence'

Both doctors were convicted following the death of Sean Phillips, from Canterbury, Kent, at Southampton General Hospital in June 2000, after routine knee surgery.

The court heard how, when complications developed following surgery, the doctors had not taken Mr Phillip's blood pressure or given him potentially life-saving antibiotics.

According to Michael Gledhill QC, for the doctors, the patient died of toxic shock syndrome, brought on after the onset of the so-called hospital super bug MRSA.

Mr Gledhill said: "The doctors could not have foreseen their actions or omissions were such as to constitute a criminal offence."

He added that the convictions amounted to a "clear violation" of the European Convention on Human Rights, which says that no-one can be convicted of an offence not recognised under English law at the time.

The hearing continues and the judges are expected to reserve their appeal decision.