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GPs buried under trusts' workload dump

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)

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

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

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  • 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!

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  • 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.

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  • 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.

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  • 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.

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  • 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'.

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  • 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!!

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  • @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?

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  • 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

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