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2 November 2005 - Hospital to be Prosecuted
for Breach of HSWA
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Southampton University Hospitals NHS Trust is to be prosecuted
under Section 3 of the Health and Safety at Work Act (HSWA) following the
death of a patient in June 2000 from toxic shock syndrome, due to the failure in
diagnosis of two junior doctors within the hospital.
Both doctors were convicted of manslaughter in 2003 and received
an 18 month prison sentence suspended for 2 years.
However, the Crown Prosecution Service (CPS) are alleging the
NHS Trust breached Section 3 of the Health and Safety at Work Act with regards
to the management and supervision of the doctors.
A pre-trial hearing took place yesterday (Tuesday, 1 November
2005), with the case against the hospital being adjourned until 16 December
2005.
The CPS indictment, which could have implications for other
parts of the NHS, states the following:
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The Trust Employed one of the doctors without taking up a
reference from his last employer and without conducting a face-to-face
interview.
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The Trust is accused of failing to organise ward rounds properly
in trauma and orthopaedic departments to ensure every patient developing medical
problems was seen by a consultant.
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The Trust is accused of failing to supervise SHOs properly.
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The Trust is accused of failing to encourage nursing staff to
report their concerns about other staff members.
The patient concerned, Mr. Sean Phillips, 31, father of one, was
admitted to the hospital in 2000 for a knee repair and suffered complications,
developing into toxic shock syndrome. Failure by the two doctors to
act on Mr. Phillips symptoms lead to his death three days later.
Article by Alexandra Johnston
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