This site is intended for health professionals only

At the heart of general practice since 1960

pul jul aug2020 cover 80x101px
Read the latest issue online

Independents' Day

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)

  • 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

  • End of the line?

    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

  • End of the line?

    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

  • End of the line?

    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

  • End of the line?

    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

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

Have your say