NHS to pay £100,000 after death

Southampton University Hospitals NHS Trust, which was also ordered to pay £10,000 costs, said the money would come from funds used for patient care.

The trust was charged under the Health and Safety Act with not properly managing two doctors.

Sean Phillips, 31, of Southampton, died after routine knee surgery in 2000.

"They have to understand that second rate treatment [from the two doctors] will not do"
Myles Phillips, victim's father

Hospital faces up to death

Amit Misra and Rajeev Srivastava were working at Southampton General Hospital in June 2000 when Mr Phillips, originally from Faversham in Kent, died after suffering toxic shock syndrome.

The two doctors failed to diagnose the condition.

In 2003, both doctors were convicted of manslaughter by gross negligence and were sentenced to 18 months' imprisonment, suspended for two years.

Last year, the GMC suspended Misra, 35, from working for a year and Srivastava, 40, for six months.

In a rare move, the Crown Prosecution Service charged the trust over the incident.

The trust pleaded guilty to failing to supervise the doctors in the trauma and orthopaedic department and was fined on Tuesday.

Myles Phillips, father of Sean Phillips, said outside court: "I think the judge did the best he could within the constraints of what he had to work with but these trusts have got to be fined a lot more than that in the future.

"They have to understand that second rate treatment [from the two doctors] will not do."

Mr Justice Cresswell said that the health and safety breach was an "extremely serious offence" and that the medical care of people was a "solemn duty".

He said: "A fine healthy and much-loved person has died unnecessarily. Anyone listening to this matter can have nothing but the deepest sympathy for the family and friends of Sean Phillips."

In mitigation for the trust, Richard Lissack QC apologised to the family and friends of Mr Phillips for the death but stressed that the trust was not responsible for him dying.

He explained it had admitted guilt in relation to one aspect of care in one department during a short amount of time in June 2000.

The hearing was also told that the fine would come out of the general budget for the trust and so would be taken from money used for patient care.

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