header-logo header-logo

GMC reflects as doctor reinstated

13 August 2018
Issue: 7806 / Categories: Legal News , Professional negligence , Employment
printer mail-detail

A junior paediatrics doctor, convicted of gross negligence manslaughter and struck off after the death of a patient, can go back to work, the Court of Appeal has held.

Dr Hadiza Bawa-Garba’s patient, six-year-old Jack Adcock, died of sepsis in 2011. She was convicted in 2015 and suspended for a year. The General Medical Council (GMC) appealed and she was struck off in January 2018.

However, thousands of other doctors supported Dr Bawa-Garba’s case because they felt the way she was treated would discourage others from being honest about their mistakes.

Ruling in Bawa-Garba v GMC [2018] EWCA Civ 1879 this week, the Court of Appeal quashed the high court decision and reinstated the one-year suspension.

Giving judgment, Sir Terence Etherton, Master of the Rolls, said: ‘No concerns have ever been raised about the clinical competency of Dr Bawa-Garba, other than in relation to Jack’s death.

‘This is so even though she continued to be employed by the Trust until her conviction and for a significant part of that time carried out clinical work as a doctor. The Tribunal was satisfied that she had remedied the deficiencies in her clinical skills, and it accepted the evidence of two consultants that she is an excellent doctor. The Tribunal also accepted the evidence that she was honest and reliable and had reflected deeply and demonstrated significant and substantial insight.’

He noted that the judge sentencing her had taken into account the systemic failings of the hospital and the failings of others, who shared the responsibility for Jack. These included that Jack’s blood results were delayed, the unit was a busy ward which could not limit its intake and there was no consultant on duty at the time.

Dr Rob Hendry, medical director at the Medical Protection Society (MPS), said: ‘MPS supported Dr Bawa-Garba for seven years; we know how much this will mean to her, and to the profession.

‘It is vital that lessons are now learned to avoid other doctors having to go through the same ordeal. A gross negligence manslaughter conviction should not automatically mean that a doctor who has remediated and demonstrated insight into their clinical failings is erased. 

‘While we await the introduction of the necessary legislation, the GMC should publicly commit to stop using their power of appeal immediately. This would be a real statement of intent from the GMC as it seeks to regain the trust of the profession.’

Charlie Massey, Chief Executive of the GMC, said: ‘We are sorry for the anguish and uncertainty these proceedings have had on Jack’s family, Dr Bawa-Garba and the wider profession.

‘This was a complex and unusual case; while the decisions we took were in good faith, we know that investigations and hearings are difficult for everyone involved.

Doctors have rightly challenged us to speak out more forcefully to support those practising in pressured environments, and that is what we are increasing our efforts to do.’

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll