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.’
