Medics cleared over death of hernia op man

11:57am Monday 6th October 2008

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By Chris Yandell »

A DOCTOR and two consultant surgeons have been cleared of misconduct over the death of a Hampshire businessman.

Ian Bailey, Fabian Plaatjies and James Smallwood were exonerated after a three-week hearing at the General Medical Council.

All three were involved in the treatment of George Smith, who was admitted to the former BUPA Hospital in Southampton in 2001.

His widow Angela told the Daily Echo today that she was disappointed with the verdict and said she was considering taking the case to the European Court of Human Rights.

She said: “My husband had the right to life and my grandchildren had a right to know their grandfather. All they have now is a photograph.”

Mr Smith, a 61-year-old project manager from Barton-on-Sea, had an operation for a hiatus hernia and died six days later after developing pains in his leg.

A post-mortem established that the cause of death was a blood clot that travelled to his lungs.

The two surgeons, Mr Bailey and Mr Smallwood, were accused of unnecessarily delaying a second operation on Mr Smith.

Mr Bailey also faced allegations that he failed to arrange adequate post-operative care and neglected to ensure that colleagues were made fully aware of the patient’s management and prescriptions.

Dr Plaatjies, a resident medical officer, was accused of failing to provide adequate post-operative treatment.

The GMC panel concluded that communications at the hospital had been “less than perfect” but ruled that the medics’ fitness to practice was not impaired.

Part of the evidence centred on the drug heparin, which stops blood clots forming.

The panel was chaired by Polly Clarke, who said Mr Bailey had not passed on sufficient information to Mr Smallwood.

She added: “The panel considers that your two omissions – your failure to pass on the information about calf discomfort to Mr Smallwood and your failure to inform him about your omission to prescribe heparin, and your subsequent correction to treatment, did not amount to a series of failings.

“The panel considers that your failure to communicate was below the standard expected but does not amount to misconduct.”

Ms Clarke said Mr Smallwod’s actions did not add up to misconduct because he was not made aware of Mr Smith’s leg pains.

“The panel is satisfied that there is no evidence that you delayed Mr Smith’s second surgery and that there was nothing to record regarding the timing of the second operation,” she said.

Dr Plaatjies acted appropriately when he examined Mr Smith and was not responsible for missing the fatal blood clot, it was stated.

“The panel is satisfied that Dr Plaatjies did adequately consider the significance of the moderate risk of the development of a deep vein thrombosis in Mr Smith’s case,” said Ms Clarke.

“There was no evidence that Dr Plaatjies’ actions demonstrated any culpability or that his conduct was below the standard expected.”

Police previously investigated Mr Smith’s death but no charges were ever brought.

Mrs Smith, who battled to have her husband’s case heard for seven years, says that she had always been realistic and never expected anything.

She said: “My victory was to get it as far as I did.

“I am happy that their care was found to be sub-standard and I just hope that changes have been put into place so that this has not all been in vain.

“If safeguards have been made to save the lives of other patients then I would like to thank the Daily Echo for all their support to help make that happen.”