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Struck-off Dr Hadiza Bawa-Garba wins appeal to work again | Struck-off Dr Hadiza Bawa-Garba wins appeal to work again |
(35 minutes later) | |
A doctor who was struck off over the death of a six-year-old boy has won her appeal to practise medicine again. | A doctor who was struck off over the death of a six-year-old boy has won her appeal to practise medicine again. |
Dr Hadiza Bawa-Garba was convicted of manslaughter by gross negligence in 2015 over the death of Jack Adcock, who died of sepsis in 2011. | Dr Hadiza Bawa-Garba was convicted of manslaughter by gross negligence in 2015 over the death of Jack Adcock, who died of sepsis in 2011. |
She was struck off in January 2018. | She was struck off in January 2018. |
Her appeal was funded by medics because they said the ruling would discourage practitioners from being open when reviewing mistakes. | Her appeal was funded by medics because they said the ruling would discourage practitioners from being open when reviewing mistakes. |
'Protect the public' | |
Dr Bawa-Garba had been suspended from the medical register for a year in June 2017. | Dr Bawa-Garba had been suspended from the medical register for a year in June 2017. |
However, the General Medical Council (GMC) appealed against the decision claiming it was "not sufficient to protect the public" and she was struck off in January 2018. | However, the General Medical Council (GMC) appealed against the decision claiming it was "not sufficient to protect the public" and she was struck off in January 2018. |
Thousands of doctors signed an open letter of support for Dr Bawa-Garba stating the case would "lessen our chances of preventing a similar death". | Thousands of doctors signed an open letter of support for Dr Bawa-Garba stating the case would "lessen our chances of preventing a similar death". |
Earlier, three senior judges quashed the High Court's decision and restored the lesser sanction of a one-year suspension. | Earlier, three senior judges quashed the High Court's decision and restored the lesser sanction of a one-year suspension. |
Master of the Rolls Sir Terence Etherton, who announced the ruling, said "no concerns" had "ever been raised about the clinical competence of Dr Bawa-Garba, other than in relation to Jack's death". | Master of the Rolls Sir Terence Etherton, who announced the ruling, said "no concerns" had "ever been raised about the clinical competence of Dr Bawa-Garba, other than in relation to Jack's death". |
"The evidence before the tribunal was that she was in the top third of her specialist trainee cohort," he said. | "The evidence before the tribunal was that she was in the top third of her specialist trainee cohort," he said. |
He added that the tribunal was satisfied her actions in relation to the boy were "neither deliberate nor reckless", and did "not present a continuing risk to patients". | He added that the tribunal was satisfied her actions in relation to the boy were "neither deliberate nor reckless", and did "not present a continuing risk to patients". |
'Raft of concerns' | 'Raft of concerns' |
Charlie Massey, chief executive of the GMC, fully accepted the Court of Appeal's judgement. | Charlie Massey, chief executive of the GMC, fully accepted the Court of Appeal's judgement. |
He said: "As the independent regulator responsible for protecting patient safety we are frequently called upon to take difficult decisions, and we do not take that role lightly." | He said: "As the independent regulator responsible for protecting patient safety we are frequently called upon to take difficult decisions, and we do not take that role lightly." |
Mr Massey added the case had "exposed a raft of concerns" around the role of criminal law in medicine and the GMC had commissioned an independent review as a consequence. | Mr Massey added the case had "exposed a raft of concerns" around the role of criminal law in medicine and the GMC had commissioned an independent review as a consequence. |
Dr Samantha Batt-Rawden, chair of the Doctors' Association UK, said the decision was a "small step in the right direction for patients and doctors". | |
"We need to make sure that patients and families get the answers they need through open and transparent engagement with NHS organisations," she said. | |
"The GMC needs to rethink its priorities in enabling this to happen rather than aggressively pursuing doctors in the courts." |