THE grieving parents of Elaine Basham last night asked why it took the death of their daughter to highlight problems with new disposable surgical instruments.

The Government has now banned single-use electric diathermy forceps following a series of "adverse incidents", including Elaine's death after a routine operation to remove her tonsils and adenoids.

But Julie, 64, and Brian Basham, 66, from Loftus, East Cleveland, say the ban came too late for their adored, fun-loving daughter who would still be alive if the authorities had acted more promptly.

They want to know why the instruments continued to be used, despite previous reports of problems.

Only a week before Elaine's operation, a Department of Health hazard notice gave new advice to surgeons to try to reduce problems.

"They should have stopped using them instead of waiting until somebody died," said Mrs Basham, who cried "for 24 hours solid" after Elaine's death and is now facing Christmas without her daughter.

"We are all devastated at what has happened," said Mr Basham.

"She was supposed to be having a routine operation and then this happened. They knew the instruments were dodgy."

Katherine Murphy, for the Patients' Association, said: "After the very first incident the Department of Health should have acted. The alarm bells should have rung much earlier. The equipment should have been withdrawn."

Elaine, 33, one of six children, overcame Down's Syndrome to win a clutch of swimming medals for her country.

When she went to Middlesbrough's North Riding Infirmary on November 5 her parents were expecting a straightforward minor operation.

Instead, surgeons using the controversial diathermy forceps were unable to staunch bleeding and their daughter suffered a series of cardiac arrests resulting in irreversible brain damage.

Her family were by her bedside until she died in intensive care on November 15, ten days after the operation.

Disposable forceps were brought in for tonsil and adenoid operations because of the theoretical risk that re-usable equipment could spread vCJD, the human form of mad cow disease.

But following Elaine's death, the Department of Health halted the routine use of diathermy forceps on December 4.

Last Friday, the department went even further, deciding that on the "balance of risk" surgeons should go back to using re-usable instruments, despite an estimated £25m a year being invested in the new single-use instruments.

The forceps were designed to stop internal bleeding by using heat treatment rather than stitches but shortly after they were introduced there was an increase in "adverse incidents", mostly involving problems with increased bleeding.

Peter Johnson, chief officer of South Tees Community Health Council, said: "Clearly there was a miscalculation about risks. There needs to be much more vigorous checks on new surgical instruments."

A spokesman for the Department of Health said its priority had always been patient safety. Before disposable instruments were introduced, tests concluded that they were of satisfactory design and quality, and posed no increased risk to patient safety.

However, "following the introduction of single-use instruments there was an increase in adverse incidents from tonsillectomies".

The spokesman said: "These were investigated urgently by the department and the Medical Devices Agency (MDA) and single-use diathermy equipment was identified as a potential factor.

"An MDA hazard notice was, therefore, issued in October 2001. However, further reports of problems were received suggesting a continuing risk to patients, and following this the Department of Health immediately suspended the use of diathermy forceps for tonsil and adenoid operations.

"As soon as it became clear that problems with diathermy equipment may not be the only factor in the increase in adverse incidents after these particular operations, the department advised that surgeons return to using re-usable surgical equipment.

"The Department and MDA are carrying out a full investigation into the reported adverse events, including this tragic death.