A hospital where a nine-year-old boy died while being prepared for a routine operation could face prosecution, the Health and Safety Executive has said.

Tony Clowes died while under general anaesthetic at Broomfield Hospital, Chelmsford, Essex, in July 2001.

He was being prepared for surgery after trapping his finger in a bike chain.

Tony, of Dagenham, Essex, died because, unbeknown to doctors, a piece of connecting tube forming part of the anaesthetic apparatus had been blocked by a tiny plastic cap from another piece of surgical equipment.

An inquest jury on Monday found that "system neglect" contributed to the youngster's death.

The Crown Prosecution Service decided against prosecution after a police investigation concluded that Tony's death was not the result of any criminal act.

But the HSE said today it was continuing its inquiry to try to establish whether there had been any breaches of health and safety legislation.

"We are conducting an inquiry to establish whether any enforcement action - prosecution - needs to be taken," said an HSE spokesman.

Tony's parents, George and Carol, said the family had also reported the matter to the General Medical Council.

Published Wednesday, May 21, 2003

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