This site is intended for health professionals only

At the heart of general practice since 1960

Police 'to discuss' calls to prosecute hospital over Bawa-Garba case

Police and prosecutors are in discussion whether to charge University Hospitals of Leicester NHS Trust regarding the death of 6-year-old Jack Adcock.

The British Association of Physicians of Indian Origin has written to Leicestershire Police regarding the case involving Dr Hadiza Bawa-Garba, detailing the problems at the hospital that could amount to a ’gross breach of the trust’s duty of care to the patient’.

Leicester police have said that they have received a letter from the BAPIO concerning the death of Jack Adcock and will be ’discussing its contents with the Crown Prosecution Service.’

The case has rocked medicine after Dr Bawa-Garba was struck off by the GMC following a High Court trial, having originally been allowed to continue practising by the Medical Practitioners Tribunal (MPTS).

Dr Bawa-Garba had been found guilty of gross negligence manslaughter in 2015. She  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 by a Crown Court Jury in November 2015.

But the case sparked anger within the medical community, with hundreds of doctors writing to the GMC to voice their concerns that its actions would lead to ‘criminalisation of clinical error’ and worsen patient safety.

BAPIO’s letter highlights multiple systemic failures identified in the trust investigation, and pointed out that the MPTS had taken the trust’s role and contribution to this death into consideration.

The letter, which Pulse has seen, details organisational failures and breaches in the trust’s duty of care surrounding the death of Jack Adcock.

A spokesperson for Leicestershire Police said: ’We have received a letter from the BAPIO (British Association of Physicians of Indian Origin) concerning the tragic death of Jack Adcock and will be discussing its contents with the Crown Prosecution Service.’

A spokesperson for the University Hospitals of Leicester NHS Trust said: ‘We understand that the Police have received a letter from the BAPIO and will be discussing it with the CPS. We await the outcome of those discussions.’

Dr Ramesh Mehta, president of BAPIO, said: ’The case has already sent shock waves around all medical establishments and the NHS. The GMC must now urgently inform employers that no medical trainee must work in an unsafe service and ensure that all medical practitioners are made aware that they must work within their defined limits of clinical responsibilities

’We expect the GMC to review the future role of its own legal arm, the Medical Practitioners Tribunal Service, which it has publicly rebuked over this case. In view of the electronic portfolio of Dr Bawa-Garba being used as an instrument to prosecute her, the GMC should also make sure that trainee portfolios and medical appraisal documentation are discontinued with immediate effect until there is clarity on whether these are public property.’

Readers' comments (54)

  • Well done BAPIO
    The stench of this goes all the way to Jeremy 'I'm so concerned about Mid Staffs' Hunt.

    Unsuitable or offensive? Report this comment

  • This is a perfect case for medical students to learn from! The highly immoral and likely illegal blame culture of the NHS as a whole. The general public have had their eyes covered from the true reality of how utterly terrible the state of the NHS is because when things like this go wrong individual staff members are blamed and used as scapegoats instead of holding the hospital as a whole accountable for tragic events.

    Unsuitable or offensive? Report this comment

  • Yes well done BAPIO.... shame all doctors don’t have an organisation that looks after their interests...

    Unsuitable or offensive? Report this comment

  • There is a NHS wide Stafford level event happening now.The right honourable secretary of state is ultimately responsible for.But the establishment sacrifices good people to cover it up.Shamefull and rotten to the core.

    Unsuitable or offensive? Report this comment

  • Bapio are doing a better job for all UK doctors, regardless of origin, than the BMA.

    Unsuitable or offensive? Report this comment

  • Well done Bapio

    Unsuitable or offensive? Report this comment

  • medicine tastes awful

    In the same vein if the NHS trust is charged with manslaughter (corporate)- this will make all NHS trust shake in their boots. The death of this child cannot be the sole responsibility of the dr.

    hey -Mr Hunt - CEO - the buck stops with you - on under-resourced, poor staffing, working the staff to the bone, etc etc

    Unsuitable or offensive? Report this comment

  • I cannot see what Dr Bawa did was , terribly bad'
    Why only ONE doctor to look after Poor Jack?
    What about Trust's ' duty of care' to its employee, expecting her to 4 doctors work.
    Was there not another HO;SHO;Reg;Consultant available on this Friday to see Jack.
    There is an opinion going around that it was Enalapril that probably killed Jack. So, we doctors are now expected to ANTICIPATE relatives giving drugs. This case stinks.
    GMC makes out that Dr Bawa was terrible.
    This would never have happened if she had any help as she should have.

    Unsuitable or offensive? Report this comment

  • At the current state of NHS -poor staffing no medicines available -GMC turns a blind eye to this and ecpect doctors to take all the blame if anything goes wrong.So unfair!!!.

    Unsuitable or offensive? Report this comment

  • I'm having sleeplessness nights and chronic anxiety since this damning inquiry.

    Unsuitable or offensive? Report this comment

  • See that GMC have issued a late panicky Friday night e-mail full of completely impractical and useless guidance on what to do if you find yourself in a potentially dangerous working environment (i.e. Nearly every day in the NHS thanks to current bunch of muppets in Govt).
    I smell their fear. Good.

    Unsuitable or offensive? Report this comment

  • It's ridiculous that the Police have to be nudged by BAPIO to investigate furhter. What - the police couldn't see it for themselves that the issue of Corporate Homide/Manslaughter was there, right in front of their noses?

    Unsuitable or offensive? Report this comment

  • It is politically cheaper in a centrally controlled system keep doctors responsible for mistakes rather than hospitals/systems as the latter requires much more funding to maintain any kind of acceptable quality than the former.

    Unsuitable or offensive? Report this comment

  • Vinci Ho

    This is the reason why we all study history carefully:
    (1)One of the recommendations in the fifth report of The Shipman Inquiry, which was published in December 2004, was for the adjudication stage of fitness to practise procedures to be undertaken by a body that is independent of the General Medical Council .
    In July 2011, the GMC approved proposals to separate its presentation of fitness to practise cases from their adjudication. The adjudication would become the responsibility of a new body, the Medical Practitioners Tribunal Service.
    In June 2012 the MPTS assumed responsibility for medical tribunals, with their panels given the power to remove or suspend a doctor’s ability to work within the UK.
    Hence , in simple terms : While fitness to practise (FTP) procedures are under the jurisdiction of GMC , the final judgment lies with MTPS.
    (2) Then this happened :
    114 doctors that had died during 2005 and 2013 inclusive and had an open and disclosed GMC case at the time of death.This was followed by GMC’s own internal review with eight recommendations on current GMC practice as well as a section on MPTS
    ‘’Doctors who commit suicide while under GMC fitness to practise investigation
    Internal Review
    Sarndrah Horsfall, Independent Consultant
    14 December 2014
    Executive Summary’’

    On MPTS , it read:
    ‘’If the matter is referred to a hearing, the MPTS may also request a health assessment if this has not been carried out during the investigation. At the end of a hearing, the MPTS panel may close the case with no action, issue a warning to the doctor, place restrictions on the doctor’s registration (when these are imposed by a panel they are called conditions), or suspend or erase the doctor from the medical register. If the concerns relate solely to the doctor’s health, and not to performance or misconduct, then a panel cannot remove a doctor from the register.
    Although MPTS hearings are generally held in public, matters relating to a doctor’s health are considered in private session. Outcomes of hearings where doctors are found to have impaired fitness to practise are published against the doctors’ names on the online medical register and any warnings remain in force for five years. However, any matters relating to a doctor’s health are treated as confidential and are not published or disclosed by the GMC or the MPTS. ‘’

    (3) This was like Donald Trump versus FBI between GMC and MPTS.
    In March 2015, changes to the Medical Act mean that the GMC gained the ability to appeal against decisions made by the MPTS.
    Dr Bawa-Garba was convicted in November 2015. One can easily postulates that GMC could not wait long to fire this new missile to appeal against MPTS’ decision.
    (4) It is now extraordinary for CPS to consider charging the Hospital trust seven years after the poor child died .
    (5) This complex , contradictory relationship between GMC and MPTS needs to be re-examined openly with clear transparency. The superhero-protector of people mindset of the GMC will , if allows itself to be ruthless , will challenge every decision made by MPTS in the future .

    Unsuitable or offensive? Report this comment

  • Vinci Ho

    I will argue , deep down , the lesson of the death of those 114 doctors was never learnt.

    Unsuitable or offensive? Report this comment

  • if the GMC really wish to protect patients ,and the defence organisations wish to represent doctors ( who pay them both for the privilege ) they should both be advising doctors to refuse to work shifts in hospital that are not fully staffed . otherwise the doctors are putting themselves (and their families futures ) at huge risk of GMC prosecution for the sake of trying to maintain an NHS service that is CRIMINALLY UNDERFUNDED AND UNDERSTAFFED .

    Unsuitable or offensive? Report this comment

  • Lac spot on,but the establishment will not undermine itself,it only undermine the hamsters on the wheel.

    Unsuitable or offensive? Report this comment

  • Who regulates hospitals regarding individual issues, such as in this case? As far as I am aware the CQC does not deal with complaints. It only does assessments of overall standards. The GMC only deals with Doctors not hospitals. So what statutory ‘body’ is the hospital as a whole answerable to? Obviously individuals can complain and PALS will help complainants. Hospitals will do internal inquiries in response to complaints, but is there not an external ‘body’ as well? One can ask a similar question in the case of a potential issue in a large APMS community service. Is it the health ombudsman? Are the police, CPS and judiciary the only external ‘bodies’?

    Unsuitable or offensive? Report this comment

  • Bob Hodges

    I want to join BAPIO. Most of my post graduate training in Welsh hospitals was provided by Physicians of Indian Origin.......

    Unsuitable or offensive? Report this comment

  • Yes Well done BAPIO
    Where is our BMA in all these?
    Where is the responsibility of the employer?

    Unsuitable or offensive? Report this comment

  • medicine tastes awful

    robin

    'who is accountable' for running an unsafe service - - has to be the Boss- he is goes by the name of Mr Hunt.

    Unsuitable or offensive? Report this comment

  • This tragic case and outcome will further decrease Dr Morale and Goodwill. Further exhacerbating an increasingly unsafe and dangerous Hospital environment. Jeremy Hunt "should" be extremely concerned, as he is finally accountable with The Cabinet. This is far worse than just money and needs urgent fixing-Not Blame!

    Unsuitable or offensive? Report this comment

  • Well done BAPIO There are now 3 elephants in the room..CPS seem to have totally disregarded

    Corporate responsibility all the way up to hunt and his precious charlie. The same hunt who ignored junior doctors concerns....

    The Consultant saw the blood gas

    Im sorry to highlight this but it seems the mother gave unauthrised medications that would certainly have had an effect on a critcally ill child in sepsis in a hospital setting while the doctor who was responsible for him was NOT? CONSULTED?
    HOw could they even consider her responsible for this poor childs death
    Doctors are members of the public too not slave aotmations why has the hmc not protected the foctor as well

    Unsuitable or offensive? Report this comment

  • Taking early retirement from tomorrow :)
    Not willing to risk being on a manslaughter charge after many happy but demanding years in General Practice - ironic that I started my GP rotation in LRI and sad that nothing sees to have got better in terms of workload - just more likely to take the blame individually

    Unsuitable or offensive? Report this comment

  • Just Your Average Joe

    Dear BAPIO

    Thanks for you efforts on behalf of Dr Bawa Garba and the profession as a whole.

    Please also take the CPS/GMC to task for racial discrimination based on this case.

    Dr Bawa Garba deemed to have made mistakes in the care of a child with sepsis who dies and convicted of criminal charges and stripped of licence to practice.

    Professor Sir Graeme Catto - a doctor who has openly admitted failure to spot early sepsis in a patient who died - proceeded to be knighted and made president of the GMC!

    Can anyone see the difference colour, ethnicity, religion, a head scarf and gender may have played?

    Unsuitable or offensive? Report this comment

  • Would the CAA allow a trainee pilot to fly a commercial plane that has not been regularly serviced with agency air crew, carrying 300 passengers in 250 seats, for 32 hours without a break, while simultaneously handling air traffic control in the surrounding area, and then hold that pilot responsible when something goes wrong?

    Yes the NHS really is that bad nowadays. Who would choose to be that pilot? Are you reading this GMC?

    Unsuitable or offensive? Report this comment

  • Bapio has done for the profession than the BMA has done in many a year.Please set up an alternative union for us allyt is needed.We need a disruptor like you in the establishment Cabal.

    Unsuitable or offensive? Report this comment

  • Gp for 30 years
    Whistleblower of consultants as a junior doctor .gp’s x2 Pct and SHA.
    Financially crippled by it
    No one listens
    No accountability
    I am ashamed I belong to this system.
    I love my job I hate the nhs now
    Is anyone looking out for this young doctor and her family financially ?
    This is a sad week for our profession and ultimately our patients

    Unsuitable or offensive? Report this comment

  • https://petition.parliament.uk/petitions/211232

    Unsuitable or offensive? Report this comment

  • Took Early Retirement

    Good that something seems to be happening. Bad that it took this sort of case for it to be.

    Unsuitable or offensive? Report this comment

  • Just Your Average Joe

    https://petition.parliament.uk/petitions/211232

    Make GMC a tax-payer funded organisation and not to be funded by doctors.

    Please consider signing and forward to like minded people

    Many thanks

    Unsuitable or offensive? Report this comment

  • I got a really nice comforting email from the GMC over the weekend though. With some really useful advice about how to deal with such a situation. And from a "practising paediatrician" too.
    So helpful.
    Throw a drowning man a millstone...

    Unsuitable or offensive? Report this comment

  • I would encourage the doctors to raise voice against GMC .
    They are regulators to protect patients .
    They are for penalising Doctors .
    Then why should we pay fees .They can have their luxury of salaries , private healthcare through Tax payers money instead of doctors paying for them .
    I encourage all of you to think about this

    Unsuitable or offensive? Report this comment

  • Well done BAPIO. What about the mother that gave the ACEI which effectively killed him.

    Unsuitable or offensive? Report this comment

  • CENSORSHIP?

    I shall frame this ... awesome

    Dr Ramesh Mehta, president of BAPIO, said: ’
    The case has already sent shock waves around all medical establishments and the NHS.

    The GMC must now urgently inform employers that no medical trainee must work in an unsafe service and ensure that all medical practitioners are made aware that they must work within their defined limits of clinical responsibilities

    ’We expect the GMC to review the future role of its own legal arm, the Medical Practitioners Tribunal Service, which it has publicly rebuked over this case. In view of the electronic portfolio of Dr Bawa-Garba being used as an instrument to prosecute her, the GMC should also make sure that trainee portfolios and medical appraisal documentation are discontinued with immediate effect until there is clarity on whether these are public property.’

    Unsuitable or offensive? Report this comment

  • CENSORSHIP?

    Dear BAPIO please help the poor nurse involved as well

    Unsuitable or offensive? Report this comment

  • The BMA just need to spearhead doctors withdrawing their GMC fees. No patients would come to harm and the GMC would be brought down. What is stopping doctors doing this other than lack of strong leadership of doctors for doctors????

    Unsuitable or offensive? Report this comment

  • CENSORSHIP?

    LETS HELP NURSE ISABEL ADARO ASWELL
    Dr Hadiza Bawa-Garba, Junior doctor
    Nurse Isabel Amaro,

    Unsuitable or offensive? Report this comment

  • As part of doing your job now you can face manslaughter charges similar to someone assaulting or assisting in assaulting someone who dies as a result of the assault. She did a double shift, 3 person's job and the lab system has failed, and the child's mother gave him an ACEI raising issues of safeguarding and responsibility, all not taken into account. The law has failed when it does not deliver justice.

    Unsuitable or offensive? Report this comment

  • CENSORSHIP?

    INTENSIVE CARE NURSE Struck off even though death after child transferred out to ward ???

    https://www.nmc.org.uk/globalassets/sitedocuments/ftpoutcomes/2016/august/reasons-amaro-cccsh-36269-20160804.pdf

    Unsuitable or offensive? Report this comment

  • What is the CQC doing about this hospital? Clearly unsafe for patients unsafe for all the staff.

    Unsuitable or offensive? Report this comment

  • Well done BAPIO.
    The BMA: head in the sand

    Unsuitable or offensive? Report this comment

  • I think you will find that Jeremy *unt SoS for Health is NOT now responsible for the health of citizens.
    The Health and Social Care Act 2012 removed responsibility for the health of citizens from the Secretary of State for Health, which the post had carried since the inception of the NHS in 1948.
    He is laughing all the way!

    Unsuitable or offensive? Report this comment

  • AlanAlmond

    I whole heartedly support this action. Why is the BMA not doing the same, was Dr Bawa-Garda not a member perhaps? Even so the BMA should be doing something like this as it effects all Drs regardless of their origin. As far as I can see there were systemic failures and the hospital and those who run it and staff it bear a good deal of responsibility. I hope something comes from this.

    Unsuitable or offensive? Report this comment

  • Thank you BAPIO. If this is how the system is to be, then I would encourage others to report themselves to GMC and hospitals to CQC/police.

    Unsuitable or offensive? Report this comment

  • Well done BAPIO. I spent much of the weekend reading the law courts summary of the case, then made the mistake of reading a national "newspaper" with its well known balanced reporting (Daily Wail)... I hope some positive can come of this action to help the NHS and how the public perceives it.

    Unsuitable or offensive? Report this comment

  • Apologies I am not a legal luminary...but shouldn't the mother who gave enalapril be made also culpable?
    Even if you have been giving a medication at home you ought to ask the ward staff about the medication and if you can give it. In this case, it was not on the kardex written by the doctor and if the mother felt there had been a mistake of omission then she ought to raise this with staff and get clarification.
    The poor boy was essentially receiving treatment from 2 individuals. One administered the lethal medication in this case and the other due to the prevailing scapegoating environment (GMC, NHS, DOH) got the punishment.

    Should every hospital now put bold signs at entrances 'WE DO NOT CARRY RESPONSIBILITY FOR MEDICINE ADMINISTERED WITHOUT OUR KNOWLEDGE'.

    Unsuitable or offensive? Report this comment

  • If it is true that the mother gave enalapril without the clinicians knowledge then her psychological need to blame others to the extent she has becomes clear. Acknowledging her role would be too painful. This would be dynamite for anyone senior to want to touch!!

    Unsuitable or offensive? Report this comment

  • @The cavalry isn't coming 11:59am

    It is obvious nobody in higher echelon wants to touch the issue of culpability of the patient's mother but what Hadiza's lawyers or BAPIO. This is a mother who effectively but obviously mistakenly killed her own child and leaving someone else to hang for it. I understand how the mother may be feeling but other lives are being destroyed and it seems she actually is seeking this 'justice' without reflecting on her own contributions to the event. No matter what her pain may be this should be pointed out.

    On a separate note, does anyone know if the hospital has made a compensation payout?

    Unsuitable or offensive? Report this comment

  • If only I could make my monthly BMA payments to BAPIO instead. I see no use with the BMA, BAPIO seem to be making more landmark achievements with issues regarding doctors especially ethnic minorities

    Unsuitable or offensive? Report this comment

View results 10 results per page20 results per page50 results per page

Have your say