TWO doctors, spared jail after being found guilty of killing a patient who went into hospital for a knee operation, should never have been convicted, London's Appeal Court was told yesterday.
Dr Amit Misra, of Bracknell, Berkshire, who is working for Newcastle NHS Trust, and Dr Rajeev Srivastava, of Dumfries, Scotland, were convicted of manslaughter due to gross negligence at Winchester Crown Court in April last year.
Their convictions followed the death of Canterbury man Sean Phillips in Southampton General Hospital, in June 2000.
The trial judge described their actions as a very serious crime and both received suspended 18-month jail terms.
Since the judge's decision to spare the men prison, the victim's father, Myles Phillips, who lives near Canterbury, has campaigned to have Dr Misra's contract with Newcastle NHS Trust terminated.
Michael Gledhill QC, for the doctors, yesterday urged Lord Justice Judge, sitting with Mr Justice Treacy and Mr Justice Bean at the Appeal Court, in London, to quash their convictions, saying they were unsafe.
He said Mr Phillips died of a rare condition known as toxic shock syndrome, which was brought on after the onset of the "hospital superbug" MRSA.
The hearing, which is listed for two days, continues.
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