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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.

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  • 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.

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

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  • 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.

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

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  • Well done Bapio

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  • Hopeless Useless No-good Twit

    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

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  • 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.

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  • 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!!!.

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

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