Britain's top surgeon has attacked the Health Secretary Frank Dobson over his criticism of a decision not to ban a doctor involved in the deaths of 20 babies.

Sir Rodney Sweetnam, president of the Royal College of Surgeons, told a press conference on Friday that he was "surprised" by Mr Dobson's criticism of the General Medical Council ruling over Dr Janardan Dhasmana.

Dr Dhasmana was one of three doctors found guilty of serious professional misconduct over the death of 29 babies following heart operations at Bristol Royal Infirmary.

Dr Dhasmana was involved in 20 of the deaths and had death rates which were twice the national average. However, he was not banned from practising like the other two more senior doctors, James Wisheart and Dr John Roylance. Both are retired.

The General Medical Council, doctors' disciplinary body, banned Dr Dhasmana from operating on children for three years, but he can still do heart operations on adults.

Evidence

Sir Rodney said people should not rush to criticise the GMC decision since it followed the longest hearing in the council's history. The hearing took eight months and cost over £2 million.

Frank Dobson called for all three doctors to be banned

Sir Rodney said: "Before making judgements, one needs to know the facts and the evidence. This is the longest ever case in the GMC's history.

"The amount of evidence they must have sifted in that time led them to the decision not to strike off Dr Dhasmana. Without having heard that evidence, none of us could make that judgement. The Secretary of State has not heard that evidence."

Sir Rodney sought to reassure the public that there had been many changes in hospital practice since the 1980s when the Bristol tragedy began. The Royal College says that doctors and hospitals are now more open than they were in the 1980s.

Defensive

Maria Shortis of the Bristol Heart Children Action Group, which includes many parents of the babies who died, said she applauded Mr Dobson's statement and said it was based on reading the transcripts of the hearing.

She accused Sir Rodney of being too defensive and the GMC's remit of being too narrow.

"I think Sir Rodney needs to be accountable for what happens. There has been a failure in the system. The Royal College of Surgeons is defensive because it is being challenged," she said.

She added that the case called into question whether the medical profession should regulate itself since it failed to act to prevent the deaths.

'Inappropriate' comments

But Shadow health secretary Anne Widdecombe supported Sir Rodney's views.

She said Frank Dobson's comments that all three doctors should have been banned were "inappropriate".

Anne Widdecombe: Frank Dobson's comments were "inappropriate"

And she compared them to a Home Secretary overruling a judge's sentence.

"It is one thing for the parents or even their constituency MP to say this and another for the Secretary of State from his official position. If it is his official view that the GMC has failed in its duty, that is a very serious matter," she said.

"There have been months and months of evidence which I have not studied closely. Has Frank Dobson?" she asked.

She added that she did not believe that forcing hospitals to publish league tables on doctors' performance rates - a measure announced by the government last week - would address the problem.