Southampton University Hospital NHS Trust has been fined £100,000, and ordered to pay £10,000 costs at Winchester Crown Court after admitting a failure to ensure the safety of patients through the proper supervision of two doctors subsequently convicted of manslaughter.
The prosecution followed the death of Shaun Phillips, 31, who developed toxic shock syndrome following a routine knee tendon operation in 2000. Prosecutions brought by the Health & Safety Executive have in the past focused mainly on non-clinical, “on-the-ground” failings such as manual handling, violence to staff, sharps injuries etc.
On this occasion, however, it was the Crown Prosecution Service which decided to take action, under health and safety legislation, after two doctors involved in Shaun Phillips’ care were convicted of manslaughter in an earlier trial. The Crown Prosecution Service alleged that the Trust failed to properly manage employees and systems to effectively safeguard the clinical care provided to patients.
The prosecution targeted the organisation of processes and procedures at the hospital, focusing on the qualifications and competence of staff, communication between staff, the monitoring and supervision of staff to ensure patient safety, and a failure to properly manage senior house officers.
Andy Hopkin says the Southampton case highlights the importance of hospitals having in place a comprehensive and well-documented health and safety management system which should include:
1 Aclear and focused health and safety policy for the hospital.
2 Thorough awareness of health and safety legislation and guidance, in particular health and safety management in hospitals.
3 Clear and thorough audit trails, showing how legislation and guidance has been applied and communicated to staff.
4 Clear and thorough audit trails, showing how health and safety management systems and procedures are supervised and reviewed.
