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American judge backs British doctor fighting extradition over death of patient 9 years ago
Last updated at 01:22am on 28.01.08
Tragedy: Patricia Leighton went into hospital with an infected bunion
A doctor faces extradition from America to Britain, accused of killing a female patient being treated for an infected bunion nine years ago.
But a judge in Texas has taken the unusual step of granting bail to anaesthetist Dr Priya Ramnath, 39, saying a British jury was bound to clear her.
Indian-born Dr Ramnath is alleged to have injected Mrs Patricia Leighton with adrenaline, against the advice of more senior medical staff, when she went into septic shock at Staffordshire General Hospital, Stafford, in July 1998.
Mrs Leighton, of Burntwood, suffered a heart attack and died. Dr Ramnath moved to America just days later and has worked there as an anaesthetist ever since.
In 2003, an extradition case failed because the Crown Prosecution Service just missed a five-year deadline. Now, new laws make extradition possible again – and mother-of-two Dr Ramnath has been charged with involuntary manslaughter.
But on January 11, Judge Earl S. Hines granted her bail in Lufkin, Texas, where she was arrested in December at the hospital where she works. The extradition hearing is set for February 15.
In the bail document, Judge Hines said: "All the evidence points to the conclusion that Dr Ramnath's actions were taken with the intention of saving a life, not taking one. A jury might or might not conclude that Dr Ramnath made a very serious mistake based on a very serious error in judgment.
"However, such evidence is nowhere near enough for a crime as serious as the United Kingdom's version of involuntary manslaughter to be committed."
He authorised bail under house arrest because Dr Ramnath was not a "flight risk" and a jury would not find her guilty. He said there was no reason to keep her "confined with the customary contingent of crackheads, crazies and miscreants", adding:
Dr Priya Ramnath was arrested at an American hospital
"Every rational concern augurs for her release. Her husband and children need their wife and mother. Critically ill patients could benefit were she available."
In 2004, a coroner ruled that Mrs Leighton, 51, had been unlawfully killed. Now the Texas judge's comments have angered Mrs Leighton's family, who have vowed to keep fighting for justice.
Her daughter Debbie, 38, who lives at the family home with her father Brian and sister Nikki, said: 'The death was very difficult for us in 1998 and it's still difficult now. The anaesthetist was lucky she can go back to her family because my mum can't.
"Our mum has missed so much in all our lives. Dad has since retired, something they dreamed of doing together and they had planned how their days would be. We'll fight this case for ever."
Dr Ramnath's lawyer Ben Rose said: 'She treated an apparently dying patient at 3am.
"She did everything she could to save the patient's life. Ten years later, the CPS accuses her of manslaughter.
As a result, she spent Christmas and New Year in custody.
"Having carefully reviewed the evidence, a senior US federal judge has expressed grave concerns regarding the case and granted bail. In spite of all of this, the CPS refuses to justify their inexplicable decision to continue with this case."
A CPS spokeswoman said: "We would not seek extradition if we didn't feel we had sufficient evidence."
