Three years after a North-East woman died after a routine operation, surgeons have been advised not to use controversial disposable instruments.

The new guidance from the National Institute of Clinical Excellence (NICE) has been welcomed by solicitors representing the family of Elaine Basham.

Miss Basham, 33, from Loftus, East Cleveland, died of complications after an operation to remove her tonsils and adenoids at the former North Riding Infirmary (NRI) in Middlesbrough in November 2003.

Elaine's mother Julie, believes her daughter would still be alive if conventional instruments had been used.

The NRI surgeons had used new disposable diathermy instruments, which seal wounds by means of a heating element.

In Miss Basham's case, the surgeons were unable to stop serious haemorrhaging after her operation.

Her death - and the death in similar circumstances of two-year-old Crawford Roney at a private hospital six months earlier - cast doubt on the safety of disposable instruments brought in because of fears that re-usable instruments might be spreading variant CJD.

It led to the Department of Health telling all surgeons not to use the diathermy instruments.

The new guidance from NICE is based on a review of around 12,000 operations.

Experts found that the risk to patients increased when diathermy was used to stop bleeding.

This risk was further increased when new disposable diathermy instruments were used.

The survey discovered that around 10 per cent of surgeons are still using disposable diathermy instruments, despite the ruling by the Department of Health.

Richard Follis, the solicitor representing Elaine Basham's family, said: 'We welcome both the issuing of the guidance today and the involvement of NICE. Parents have shown incredible determination applying sustained pressure to the relevant officials for over two and a half years since their children's death. They are pleased that the guidelines recognise a serious level of concern surrounding the use of these instruments and is at last the start of the process of answering a whole series of questions that they have. We will certainly look forward to seeing the results of their full investigation when available.'

The Basham family are still awaiting the date of a jury inquest into their daughter's death.