A DENTIST and anaesthetist have been cleared of manslaughter over a five year old girl's death after she had a baby tooth out.
The prosecution halted the trial of dentist Michael Lane and Dr George Vanner following cross examination of a pathologist who conceded that a heart abnormality could have made little Karla Selley "a ticking time bomb."
The 42 year old dentist of Junction Lane, Lostock, Bolton and 67-year-old Dr Vanner from Brookside Farm, Badgers Wood, Bilsborrow, near Preston, had been on trial for seven days at Preston Crown Court.
Lane, who had admitted a Health and Safety offence of failing to discharge a statutory duty, was fined £3,000.
Karla died in August 1999 following a visit to the Towngate practice in Leyland where both men worked. She was given a general anaesthetic for the removal of a baby tooth, but difficulties arose while she was coming round.
The prosecution had claimed that the level of care by the two defendants fell way below standard and that resuscitation attempts had been hopeless.
Pathologist Dr Alun Williams gave the cause of death as an obstruction of the airways by blood and mucus.
But he accepted that a heart abnormality, where the right coronary artery was not in its correct place, could have potentially made Karla a "ticking time bomb."
The anomaly was said to be able to cause sudden death in patients while under general anaesthetic.
He conceded that the coronary artery defect could have been a cause of her death. After his evidence Mr Howard Benthan QC, for the Crown, told the judge "I can no longer invite the jury to reach a verdict that they are sure that obstruction of the airway was the cause of death."
Mr Jeremiah Langdale, for Vanner, said the pathologist had failed to appreciate there had been a potentially lethal abnormality.
The Health and Safety offence related to five particular points -- failing to notify Chorley Hospital beforehand of surgery, not providing an assistance for the anaesthetist, not providing adrenaline at the surgery, failing to estimate or record Karl's weight and not having a device to monitor oxygen.
Lane's barrister, Miss Nicola Davies QC, said he had qualified in Ireland 1980 where he originally practised. He began working at the Towngate surgery in 1985.
She said a fourth person, an assistant, had been available in the recovery room. Also, there had been adrenaline in both an emergency drug kit and in Dr Vanner's briefcase.
The judge, Mr Justice Sachs, told Lane he sentenced him on the basis that none of the factors individually or collectively caused "the sad death of that little girl.
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