MPS response to judgement on the case of Dr Bawa-Garba vs GMC

The High Court has handed down the judgement of the case of Dr Bawa Garba Vs the GMC. The judgement concludes that Dr Bawa Garba should be erased from the medical register.

Rob Hendry, Medical Director at the Medical Protection Society - the organisation representing and supporting Dr Bawa Garba – said:

“The outcome of the GMC’s appeal against the Tribunal decision on this case is disappointing and its implications will understandably be of concern to the healthcare community.

“This challenge was brought by the GMC following their recently acquired right to appeal - a power which we opposed on the basis that it creates an unnecessary and unjust duplication of the Professional Standards Authority’s function.

“While the criminal courts dispense justice - including punishment - the regulator’s role is to protect patients. When considering whether a doctor is fit and safe to practise every case must be assessed on its own merits and should not be solely determined by the criminal sanction handed down by the court. Gross Negligence Manslaughter cases are usually complex, involve systems failures, and are devastating for all concerned. A conviction should not automatically mean that a doctor who has fully remediated and demonstrated insight into their clinical failings is erased.

“This appeal decision may jeopardise an open, learning culture in healthcare at a time when the profession is already marred by low morale and fear. We are considering all options in the interests of our member and the wider profession.”

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