It is often thought that healthcare professionals' misconduct is brought to the public forum through civil clinical negligence cases. However a case being heard today at Winchester Crown Court signifies the relevance between healthcare and the criminal justice system.
In April 2003 two junior doctors at Southampton General Hospital were 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 doctors responded inadequately to the patent's obvious signs of infection and the patient subsequently died. They were both sentenced to 18 months imprisonment (suspended for two years), which the Court of Appeal upheld and both were suspended from practicing in healthcare for an interim period.
Following this, in January 2006 Southampton National Health Trust was convicted of an offence under the Health and Safety at Work Act 1974. Southampton NHS Trust pleaded guilty to breaches of section 3 of the Act for failing to adequately supervise the two doctors.
The case is expected to return for sentencing tomorrow.
A spokesperson for Alexander Harris commented: "the criminal implications of this case should encourage greater patient safety and commitments to improved systems. This case enforces the responsibility for patient safety onto the Trust and holds them fully accountable."
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