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GPs buried under trusts' workload dump

Struck-off junior doctor to appeal High Court decision

Dr Hazida Bawa-Garba, the junior doctor that was struck off the medical register after a controversial high court case, has decided to appeal the ruling, and is considering appealing the manslaughter conviction from 2015.

Dr Bawa-Garba has instructed barristers James Laddie QC and Sarah Hannett to lead the appeal against the High Court decision that saw the GMC strike her off the medical register.

The appeal comes after campaigners opened a crowd-funding page and raised over £300,000 to pay for Dr Bawa-Garba’s legal fees.

A statement on the crowd-funding website also said the junior doctor’s ‘legal team are in the process of considering which specialist lawyers to instruct in respect to the manslaughter conviction’.

Dr Bawa-Garba said in an earlier statement on the website that she would use the funds ‘to change to a top independent legal team, to potentially challenge the GMC and to have an independent review of the original conviction’.

Her case was initially led by the MPS but, following the court ruling, she instructed Tim Johnson Law to take over and advise on the most appropriate QCs to use.

The appeal comes after it was revealed that police and prosecutors are in discussions on whether to prosecute University Hospitals of Leicester NHS Trust regarding the death of 6-year-old Jack Adcock.

The High Court ruling faced significant backlash 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 a Crown Court Jury convicted her in November 2015.

But the case was met with 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.

However, health secretary Jeremy Hunt has since ordered 'rapid review' into use of manslaughter charges against doctors.

The barristers would not comment on the case but Matrix Chambers, where they practise, confirmed their involvement.

Readers' comments (28)

  • Council of Despair

    Best of luck Dr Bawa-Garba. I'm truly sorry you have been put into this situation but know you are also representing the future hopes of all hard working front line doctors so it's clear that we are all behind you. If this verdict is not over turned then there will be ramifications and I suspect a lot of doctors will be leaving so let's hope common sense prevails. It's time society as a whole come cleanm on what they expect from their doctors - are we going to be the fall guys for government and public failures or will there be fairness and support for us? We can not be asked to do the impossible and then be punished for not being able to do it. And from what I've seen the GMC, CQC, NHSE, doh, BMA, Royal Colleges have known about these issues for years and what have they done???

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  • GMC.CQC,NHSE,DoH,BMA,Royal Collegesand MDOs(the establishment) are quite happy to sacrifice foot soldiers on the front line and look on us a expendable cannon fodder.As long as their nest are feathered on our backs they do not care a jot.Good Luck Dr B-G our hopes and thought go with you.

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  • I hope she succeeds. The case law precedent in this country means if she looses we could all be at risk of jail while doing our job in this unsafe system while trying to save people and without even stabbing anyone intentionally get the same charge. Unjust and unfair.

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  • WE ARE all with you dr bava-garba. fight tooth and nail for this injustice. defence bodies were totally unhelpful to one of my friend and when he was allowed to practice they quoted him such high fee that he could not practice any more.

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  • Dr Garba was let down by the Trust.The Trust has a duty of care to its employee.
    Covering 3 other doctors AND getting everything right is just impossible anyway. ADD a broken IT system. How can you work in acute paediatric Dept without blood tests available? AND get blamed for not acting on tests you cannot access.
    Dr Bawa is let down by the legal system. Apparently, a legal loophole, allowed the Prosecution to keep from the Jury 79 Trust problems because these problems were remedied afterwards. How can this be fair and just in any legal system ?
    It is like saying you cannot mention the fact that a drunk driver who ran over someone was drunk, because he had corrected the problem and was now sober.
    I am lost and bewildered by this case, especially since Dr Bawa's treatment had poor Jack better and bouncing. I cannot even now see, given the circumstances,what she could have done very differently.
    I cannot cover for 3 people and be physically monitoring patients in 4 different locations at the same time.
    Is this so called FAIR Britain.
    Furthermore, on reading this case, I am convinced it was the ACEI that stopped poor Jack when he was getting better and bouncing about.

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  • Took Early Retirement

    If more money is needed I'll donate again.

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  • Good luck Dr Bawa Garba. You didn’t do anything wrong, The NHS is broke and not working yet you take the blame. Fight hard and victory will be yours eventually.

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  • Curb Your Enthusiasm

    Best of luck to Dr BG

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