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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)

  • medicine tastes awful


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

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  • 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!

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  • 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

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  • 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

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  • 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?

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  • 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?

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  • 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.

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  • 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

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  • Took Early Retirement

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

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