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​GMC accused of ‘inherent bias’ against BME doctors following Bawa-Garba case

An influential international doctors group has accused the GMC of treating black and minority ethnic doctors ‘differently and harshly’, following a controversial High Court case last week.

The British Association of Physicians of Indian Origin said that the ‘pursuit’ of Dr Hadiza Bawa-Garba ‘reflects the inherent bias that exists within the GMC’.

It calls on the GMC to make clear what monitoring is in place regarding differential treatment of BME doctors, and how many times the GMC has questioned fitness-to-practise verdicts against non-BME doctors.

The GMC appealed against its own tribunal service, which said that Dr Bawa-Garba should be reinstated on the performers’ list after she had completed a two-year suspended sentence for gross negligence manslaughter.

Dr Bawa-Garba was a registrar at the Children’s Assessment Unit at Leicester Royal Infirmary on 18 February 2011, and the most senior doctor on the shift, when a six-year-old child with sepsis died. Dr Bawa-Garba continued to work at the hospital trust up until she was convicted of manslaughter by a Crown Court Jury in November 2015.

The MPTS said in a June 2017 hearing however, that erasing Dr Bawa-Garba from the GMC register would be ‘disproportionate’, that her actions were neither ‘deliberate or reckless’ and that she did not ’pose a continuing risk to patients.’

However, last week, the GMC was successful in its appeal to the High Court to strike Dr Bawa-Garba from the register.

But in the letter dated 12 January – before the High Court ruling – BAPIO accuses the GMC of ‘inherent bias’.

It says: ‘Given the published data that BME doctors are three to five times more likely to get GMC public warnings and restrictions compared to white doctors, we find it hard not to come to the conclusion that Dr Bawa-Garba’s pursuit by the GMC reflects the inherent bias that exists within the GMC which treats BME doctors differently and harshly.’

Charlie Massey, chief executive of the GMC, said: ‘We take our responsibility to be a fair and transparent regulator very seriously. As the host of the BME Forum we have been working constructively with members, including BAPIO, for a number of years and we do our utmost to ensure that all our processes are even-handed and just, listening and acting on feedback to make improvements to our processes.

‘We are leading the way in trying to better understand the background and reasons behind a number of issues, including how different groups of doctors are affected by our processes. We know that BME doctors are more likely to be referred to us, and we have done a lot of work to understand the reasons behind this and what can be done to ensure the health system is supportive of BME doctors. Our Employer Liaison Service works closely with Responsible Officers to ensure that referrals are appropriate.

‘Analysis of our processes does not indicate that they are disproportionate. A number of independent audits on random samples of our decisions found our decision-making to be consistent and in line with our published guidance. Research has indicated that it is the nature and seriousness of allegations that is the primary driver of the outcome of a referral or investigation, rather than ethnicity.’

Meanwhile, following the High Court ruling, support rallied behind Dr Bawa-Garba, with general practice campaign group GP survival writing an open letter to the BMA calling for ‘action against the over-regulated and litigious culture’ of the NHS as well as calling for an investigation into the GMC ‘to examine if it is fit for purpose’.

Over £200,000 has been raised through crowd funding to cover legal fees associated with challenging the decision of the High Court.

The crowd funding campaign, which was launched after the ruling on Thursday, has raised £204,020 through donations from 6,727 people.

In a comment on the site, Dr Bawa-Garba said she was ‘overwhelmed with gratitude’ and shares ‘all of your concerns about the implications of this case’.

 

 

 

Readers' comments (24)

  • £225,000 crowdfunding now. Keep it going.
    This one is for us all

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  • This comment has been moderated

  • Dear Ed, Can you put up the link for the crowdfunding please!

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  • The GMC represents the UK institutional racism in its ugliest form. It harms doctors and patients alike.
    Luckily, I left the UK after I was burnt with the GMC FTP.
    Although I proved my inocence , the experience left me scared for life.

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  • I'm not sure the GMC had much choice but to challenge the ruling of its tribunal, however fair I think that ruling was. I think most people wouldn't understand how a doctor convicted of gross negligence manslaughter could remain on the register. The real issue here is the original conviction which, from everything I have read, seems like a massive miscarriage of justice which needs to be appealed if possible.

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  • A question I always wanted to ask...who actually pays for an appeal such as this?

    Legal aid? Or does Dr Bawa-Garba have to pay

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  • Monty. We do. Through taxes, BMA subscriptions; GMC fees and medical indemnity. We pay both sides to screw and defend us. Bonkers.

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  • The GMC have yet to apologize to the profession for the witchfinding years.

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  • @Jobbing GP

    There is precedent for not erasing a medical practitioner convicted of clinical negligence manslaughter. Most of the cases of manslaughter have resulted in the doctor being struck off at their hearing. In many cases I imagine that it is appropriate.

    However Dr FM was convicted of manslaughter in 2003 for injected vincristine intrathecally (actually directed a more junior doctor to do it).

    In the GMC hearing they suspended him for 12 months. There was no high court appeal by the GMC at that time. I don't know if he is still working.

    In both cases there was clinical negligence.
    In both cases there was a conviction of manslaughter.
    In the FM case there was other assaults (domestic violence) and a custodial rather than suspended sentence.
    In both cases the initial hearing decided a 1 year suspension was appropriate.
    Yet in only the HB case (where there were no other assaults and no custodial sentence) did the GMC elect to appeal to the high court.

    Why is that?

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  • They will increase punishment to non BME so as to be seen to be doing something. That is what matters these days.

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  • Vinci Ho

    There appear to be ‘conflict’ between GMC and tribunal services : clearly , from now on , any decision from the Medical Practitioner Tribunal Service can be threatened by further GMC challenge.

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  • 'Charlie Massey, chief executive of the GMC, said: ‘We take our responsibility to be a fair and transparent regulator very seriously. As the host of the BME Forum we have been working constructively with members, including BAPIO, for a number of years and we do our utmost to ensure that all our processes are even-handed and just, listening and acting on feedback to make improvements to our processes.'

    Translation: 'We have our own special list for those doctors in the BME forum. We'll be watching you...'

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  • In other countries, a medical doctor would be sanctionned if he did not examine properly and did not asked for other exams if necessary...but it is considered that there is a right to error!
    BUT if a student or registrar does an error, it is the superviser dr in charge who is responsible of the junior dr!
    Also with the fight against unusfull antibiotics, how many time the patient was sent home with a 'flue' diagnostic and advice to go to the chemist and buy (over yhe counter because of the budget!!!) Some paracetamol...In too many case without proper examination, the minimum being a FBC, and CXR.
    So responsible is in fine the governement, organising the penury of Drs, AND underfunding the NHS! Too much stress on Drs, tired of overwork and bureaucratie (Appraisal/revalidation/CQC...)
    So too many Drs quit...

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  • I found it shocking after reading the detailed entry by 3 consultants in the pulse comments. It is also shocking that the mother gave the boy an ACEI precipitating the arrest but the judge did not comment on her actions. Just blame the doctor. The GMC is not fit for purpose. I hope the BMA can set up an alternative regulator and we will all boycott the GMC.

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  • I have just returned from spending time in Aust and read about this sad story....

    Crazy!!!!

    As one Dr wrote in a post relating to this... How come robbers, child sex offenders, and even murderers and rapists get let out of gaol ... yet this Dr has been sentenced for life. ie these criminals are rehabilitatable yet apparently this Dr is not!!! ... I don't get it.

    Unbelievable.

    All I can say is there but for the grace of God go I!! No human can never not make a mistake.

    Medicine and illness is inherently risky business ... people do die. That is a fact. No-one lives forever. We are there to help.... but we ARE HUMAN!!!

    My parents once told me this story: (they were country GPs in the 60's and 70's in the bush in NSW) "A parent of a v sick child said to Dad (as he was rushing him to theatre) that he will be praying for Dad. When patients did die... my parents were still thanked as the parents/relatives knew they had done his best."

    How can the public expect us to be perfect??? No human is!!!

    I work in both Aust and UK.. The UK expects Drs to work quicker with less support. The public seriously is brain-washed as to how wonderful their beloved NHS is... GPs working seeing pts in 10 minute consults, and also 12.5 minute OOH slots is ludicrous... I cannot stick to that schedule ... bosses and administrators don't like that... but it is not possible in the under staffed under resourced NHS to provide appropriate safe care... and when one has to rush mistakes will happen... It is a certainty. (if i was a mathematician I'd be able to prove it!!!)

    Tell me, how long do judges get to sum up cases???... i'm sure longer than the paediatric reg got that fateful day

    I hope the case goes all the way to the Privy Council!!!!(if that still still exists!!)

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  • https://www.crowdjustice.com/case/help-dr-bawa-garba/

    Time we all stood together.

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  • You cannot fly business class on an economy fare.Time to privatise to reduce workloads.

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  • CENSORSHIP?

    I hope the BMA can set up an alternative with a sensible approach to appraisal and we will all boycott the GMC.
    ... here.. here..

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  • Th account from consultant paediatricians makes for extremely insightful readings, and I am sure any one of us could have be in the same situation at any point. The GMC have acted harsh imo. Good luck to Dr B-G.

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  • Took Early Retirement

    From what I have read, the court verdict was perverse, and the GMC's actions even more so.

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  • Council of Despair

    when this is appealed and hopefully over turned will there be accountability by the GMC?

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