A Hospital trust is being taken to court after an elderly man died when he fell as he was moved to his bed.

John Tilling, 78, died at Nevill Hospital, Hove, on April 23, 2005. He was suffering from dementia and heart disease.

Mr Tilling slipped through a slot in the bottom of a hoist when he was being moved from a wheelchair to his bed.

He hit his head on the floor and suffered a cardiac arrest. He died later the same day.

An inquest in September confirmed his death was caused by a cardiac arrest, heart disease and the fall from the hoist.

The Government's Health and Safety Executive (HSE) is pressing charges against South Downs Health NHS Trust, which managed the hospital at the time, for violation of procedures.

The case was due to be heard at Brighton Magistrates' Court today.

Mr Tilling's son Paul is also pursuing a separate action against the hospital. He said he hoped the prosecution would resolve many issues.

Lawyer Melanie Minter, representing Paul Tilling, said: "Although there are precedents, it is exceptionally unusual for the HSE to bring a criminal prosecution against an NHS trust. That in itself is an indication of the seriousness of the case."

A spokeswoman for the South Downs Health NHS Trust said it was aware a prosecution had been brought but would not comment further until the case had been completed.

The trust runs Brighton General Hospital and provides a range of community services.

The Nevill Hospital, in Laburnum Avenue, is now managed by the Sussex Partnership NHS Trust. It has in-patient beds for older people with mental health problems and handles out-patient appointments and clinics.

It is a base for community therapy and mental health teams. The trust provides mental health services at hospitals throughout Sussex.