Friday, 11 April, 2003, 14:31 GMT 15:31 UK


Southampton General Hospital Two junior doctors have walked free despite being found guilty of killing a patient after failing to spot that he was seriously ill.

Sean Phillips died after going into Southampton General Hospital for routine knee surgery in June 2000.

He developed a rare condition called toxic shock syndrome, which was not diagnosed.

A jury at Winchester Crown Court took nine hours to find senior house officers Dr Amit Misra, 34, and Dr Rajeev Srivastava, 38 guilty of manslaughter by gross negligence in a majority verdict.

“ This should never happen again, and no-one should suffer like we have “
Annabel Grant, Mr Phillips’ partner

The judge, Mr Justice Gordon Langley, sentenced the two doctors to 18 months imprisonment, suspended for two years.

He said they had been convicted of a very serious crime which, in normal circumstances, would have resulted in a custodial sentence.

But he said he had taken into account the real remorse the men had shown for Mr Phillips’ death, the exceptional circumstances of the case, their good character and the fact that not all the circumstances that led to the tragic events were of their making.

Rajeev Srivastava He said: “I am quite satisfied that these appalling events have left a deep scar on both of you.

“There is a very real need of this court to acknowledge you have been found guilty of an offence that has led to the loss of life of someone who should be here today.”

Racing pulse

Mr Phillips’ partner Annabel Grant, speaking outside the court, said: “Justice has been served for Sean.

“This will not bring Sean back and our son Mitchell is without his father for the rest of his life.

“This should never happen again, and no-one should suffer like we have.”

She said she hoped procedures at the hospital would now improve.

The court heard the doctors had not asked a more senior colleague’s advice or carried out tests when Mr Phillips, a 31-year-old father of one, became ill.

Philip Mott QC, prosecuting, told the jury that even though toxic shock syndrome was relatively uncommon, the doctors should have spotted that Mr Phillips’ condition was worsening.

He had a racing pulse, a raised temperature and low blood pressure.

Mr Mott said it was not “rocket science at all” to diagnose them.

The doctors, both working in the hospital’s orthopaedic department at the time of Mr Phillip’s death, did not take his blood pressure, give him life-savings antibiotics or ask for help.

M Phillips deteriorated as the toxic shock syndrome led to kidney failure. He was transferred to intensive care, but died on June 24.

Password

Dr Srivastava, of Glencapel Road, Dumfries, Scotland had only been at the hospital for a week when the incident happened.

He said he had been given no induction course when he started work at the hospital.

In the doctors’ defence, the court heard that it was unfair to single them out when the system they were working in was failing.

Their ward was understaffed, and both were under pressure.

Defending Dr Misra, of Priestwood, Bracknell, Berkshire, Michael Gledhill QC, said the situation on the ward was “a comprehensive failure from top to bottom.

He said Dr Misra’s career in the UK was effectively wrecked.

Kristan Coonan QC, acting for Dr Srivastava, said his client had received racist hate mail, and that his career too was in ruins.