07.03.18
Sellu case shows failures of manslaughter and gross negligence laws, says RCS
The Royal College of Surgeons (RCS) has applauded a tribunal decision to clear surgeon David Sellu of misconduct for the controversial death of a patient in 2010.
Sellu was imprisoned for 15 months for the death of James Hughes in 2010, but saw the decision overturned after an appeal.
The incident happened at Clementine Churchill Hospital after what should have been a routine knee replacement operation caused Hughes to become ill.
However, the Medical Practitioners Tribunal Service (MPTS) ruled that Sellu should have restrictions on his practice revoked, a decision that was welcomed by the RCS, which said it highlighted major issues with the current negligence system.
A spokesperson for the college said: “The Royal College of Surgeons welcomed news in 2016 that judges found David Sellu was wrongly convicted of gross negligence manslaughter. Many in the surgical community were greatly concerned by the case.
“Wrongful convictions only harm the NHS’ efforts to improve patient care and culture, as well as efforts to seek justice where it is correctly deserved.”
The spokesperson went on to compare Sellu’s situation to the recent Dr Hadiza Bawa-Garba case, which drew national attention after the High Court ruled that Bawa-Garba was guilty of manslaughter by gross negligence in 2015.
“This ruling, following the recent Bawa-Garba case, underlines the urgent need for the application of manslaughter by gross negligence to be clarified and reformed,” they explained.
“The GMC and Department of Health and Social Care reviews must identify important learning opportunities and shed light on how cases are initiated and investigated. David Sellu’s case should now form part of these reviews.”
The tribunal found that Sellu had made active steps towards saving Hughes, after he received results from a CT scan and made the decision to perform emergency surgery.
It also found no evidence that the patient showed significant signs of deterioration over the afternoon before Sellu operated.
Top image: Sean Dempsey PA Archive
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