AWA-GARBA:
king?
Kristian Tattam, 5th
year medical student
something willfully bad. With a 10-2 majority The profession’s initial response showed their (as in the rest of medical negligence) the family
finding of guilty, the evidence presented to the outrage that the GMC could and would would receive compensation for this mistake
jury at trial must have had sufficient impact on effectively “throw a doctor under the bus” in whilst the medical profession learn from it to
those 12 members of the public as to cause them some sort of witch-hunt in which they overruled ensure it does not happen again in a different
to wish for the imprisonment of a previously the autonomy and independence of the MPTS in hospital on another day with another doctor. This
order to provide a scape-goat that could be case, as with all cases in medicine was complex
exemplary doctor.
publicly shamed and to ensure that public and had an unfathomable number of variables
MPTS ruling and appeal
Following a criminal conviction of GNM the
decision as to how a doctor’s fitness to practice
is to be impaired falls to the Medical Practitioners
Tribunal Service (MPTS), an independent
organisation funded by the GMC aimed at
separating the investigation side of the GMC
from the adjudication of doctors. Following an
opinion and faith in the medical profession was and what ifs. For individuals who do not work in
not affected. This view was even echoed in that the NHS and are not health care professionals it
dreaded of newspapers the Daily M(F)ail (which, is grossly unfair to ask them to understand this
let’s face it, hates doctors, the NHS and anything complexity and yet we ask a jury of the public to
resembling social equality) who headlined “So judge whether an act of negligence was “bad
was she a scapegoat? Damning new evidence enough” as to be considered worthy of criminal
suggests junior paediatrician caring for boy, six, conviction. Whilst it is not my intention to suggest
when he died of sepsis was hung out to dry and the verdict of the case was incorrect (I was not a
others are equally to blame”
MPTS review it was decided to sanction Dr
juror) I do wonder how accurately our criminal
Bawa-Garba to a 12-month suspension from Whilst I agree in part that the GMC were
practice. This was having taken into account the wrong to appeal the findings by the MPTS, I system with a jury of peers could ever truly asses
plethora of systemic errors which occurred on do not think the High Court was wrong to
the day Jack died. The GMC appealed this overturn the initial sanction of 12-months. If a being doctors. Of course, it would equally be
decision in the High Court and were successful. doctor is sentenced with a criminal conviction
The 12-month suspension was overturned and for GNM I believe the MPTS should erase the these cases should all be doctors; that would be
replaced with permanent erasure of Dr Bawa- doctor from the register in all circumstances.
Garba from the medical register effectively This is because in not doing so the MPTS is criminal conviction all together would be a better
ending her career as a doctor.
The appeal by the GMC and subsequent
finding has ignited a gargantuan response from
acting as their own judge, jury and
a doctors performance without themselves
wrong to suggest that a jury of doctors’ peers in
rather old school. Instead, doing away with the
solution.
So what will change?
executioner. If a court finds a doctor to be The potential ramifications for patient
guilty of a professional standard failing we safety following this case are inescapable, junior
should not have our own tribunal which can
doctors are understandably going to practice
then downgrade this finding. It undermines the even more defensive medicine than previously
open letters to the GMC and BMA, international
criminal justice system and makes the entire
with everybody terrified that they may be struck
blog posts, thousands of outraged tweets and
process somewhat hypocritical. Instead I feel off even when system pressures are the root
threats by doctors to boycott their GMC
the issue in this case lay with the initial
cause of most errors made. When the GMC were
registration (prompting rapid legal advice and
conviction of GNM by the courts.. The entire
asked in light of this case what