Surgeons who removed wrong kidney cleared over death
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Your support makes all the difference.Two surgeons who removed the wrong kidney from a patient were cleared of manslaughter yesterday. John Roberts, 60, a consultant urologist, and Dr Mahesh Goel, 40, were accused of killing Graham Reeves, 70, who died on 1 March 2000 after his healthy kidney was removed in the operating theatre.
The prosecution said Mr Reeves died from "thoughtlessness, want of due care and negligence". But Dr Andrew Davison, a Home Office pathologist who was the prosecution's leading witness on the cause of death, told the jury he "could not be sure" Mr Reeves, a Korean War veteran, had died because of the operation.
Mr Justice McKinnon directed the jury at Cardiff Crown Court to acquit the pair after hearing the pathologist's evidence. He ordered the "substantial" costs of the two surgeons to be paid from public funds. Mr Roberts and Dr Goel, who were supported by the Medical Defence Union, were described as "very relieved".
Mr Reeves, a bachelor, was admitted to Prince Philip Hospital in Llanelli, Carmarthenshire, in February 2000. His right kidney was diseased and should have been removed, but the left kidney was cut out.
The trial was told Dr Goel did the operation under the supervision of Mr Roberts, the senior surgeon. By the time the error was discovered, the healthy kidney had been put in sterilising agent and could not be used.
Mr Reeves, of Burry Port, Carmarthenshire, was transferred to Morriston Hospital in Swansea for specialist dialysis, but developed septicaemia and died. Dr Davison told the court: "He had two further operations that would not have been necessary had the correct kidney been taken out initially. He had a prolonged course in hospital after the operation."
But when questioned by Mr Justice McKinnon, Dr Davison said he "could not be sure the error played more than a minimal part in the death". The pathologist said the factors causing Mr Reeves' death were interlinked. He said: "Being in hospital and intensive care increase the risk of infection. There are germs present in the atmosphere." Dr Davison said Mr Reeves also had adult respiratory distress syndrome. "[The syndrome] has a 50 per cent mortality rate, but if associated with septicaemia this rate is higher."
Mr Roberts admitted the X-rays might have been the wrong way round when he saw them. The court was told he was devastated by the blunder.
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