NHS trust fined £100,000 for failing to supervise adequately two doctors at a hospital where a patient died after routine surgery.
11/04/2006
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In an unusual case heard at Winchester Crown Court, Southampton University Hospitals NHS Trust has been found guilty of breaching the Health and Safety Act for not properly managing two doctors at Southampton General Hospital.
In 2003 the two doctors were separately prosecuted for gross negligent manslaughter after failing to manage the care of a 31-year old patient who died after developing toxic shock syndrome (TSS) following a routine knee operation. The two doctors were sentenced to 18 months imprisonment suspended sentence for responding inadequately to the patent's obvious signs of infection after which he subsequently died.
Southampton National Health Trust was convicted under the Health and Safety at Work Act 1974 and fined £100,000 to for failing to adequately supervise the two doctors. Sentencing Southampton National Health Trust, Mr Justice Cresswell said today the breach was an "extremely serious offence" and that the medical care of people was a "solemn duty". He said: "Common sense dictates that a reasonable standard of care must pertain seven days a week, 52 weeks a year."
Speaking today on Radio 4, medical negligence specialist, Muiris Lyons commented that "the case gives a clear indication to the managers and administrators of healthcare Trusts that they need to ensure they too are doing their jobs properly and that they are going to be held accountable just as much as individual doctors and nurses. The judge is effectively criticising the management responsible for the systemic errors.
NHS Trusts need to ensure they are providing back-up for staff, and that when individuals make mistakes, there is a system in place to catch those mistakes and prevent patient harm or in the very least mitigate that harm."
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