LMSS SPHINCTER vol.81 issue 2 SPHINCTER 3 No bleed | Page 21

AWA-GARBA: king? Kristian Tattam, 5th year medical student something willfully bad. With a 10-2 majority The profession’s initial response showed their (as in the rest of medical negligence) the family finding of guilty, the evidence presented to the outrage that the GMC could and would would receive compensation for this mistake jury at trial must have had sufficient impact on effectively “throw a doctor under the bus” in whilst the medical profession learn from it to those 12 members of the public as to cause them some sort of witch-hunt in which they overruled ensure it does not happen again in a different to wish for the imprisonment of a previously the autonomy and independence of the MPTS in hospital on another day with another doctor. This order to provide a scape-goat that could be case, as with all cases in medicine was complex exemplary doctor. publicly shamed and to ensure that public and had an unfathomable number of variables MPTS ruling and appeal Following a criminal conviction of GNM the decision as to how a doctor’s fitness to practice is to be impaired falls to the Medical Practitioners Tribunal Service (MPTS), an independent organisation funded by the GMC aimed at separating the investigation side of the GMC from the adjudication of doctors. Following an opinion and faith in the medical profession was and what ifs. For individuals who do not work in not affected. This view was even echoed in that the NHS and are not health care professionals it dreaded of newspapers the Daily M(F)ail (which, is grossly unfair to ask them to understand this let’s face it, hates doctors, the NHS and anything complexity and yet we ask a jury of the public to resembling social equality) who headlined “So judge whether an act of negligence was “bad was she a scapegoat? Damning new evidence enough” as to be considered worthy of criminal suggests junior paediatrician caring for boy, six, conviction. Whilst it is not my intention to suggest when he died of sepsis was hung out to dry and the verdict of the case was incorrect (I was not a others are equally to blame” MPTS review it was decided to sanction Dr juror) I do wonder how accurately our criminal Bawa-Garba to a 12-month suspension from Whilst I agree in part that the GMC were practice. This was having taken into account the wrong to appeal the findings by the MPTS, I system with a jury of peers could ever truly asses plethora of systemic errors which occurred on do not think the High Court was wrong to the day Jack died. The GMC appealed this overturn the initial sanction of 12-months. If a being doctors. Of course, it would equally be decision in the High Court and were successful. doctor is sentenced with a criminal conviction The 12-month suspension was overturned and for GNM I believe the MPTS should erase the these cases should all be doctors; that would be replaced with permanent erasure of Dr Bawa- doctor from the register in all circumstances. Garba from the medical register effectively This is because in not doing so the MPTS is criminal conviction all together would be a better ending her career as a doctor. The appeal by the GMC and subsequent finding has ignited a gargantuan response from acting as their own judge, jury and a doctors performance without themselves wrong to suggest that a jury of doctors’ peers in rather old school. Instead, doing away with the solution. So what will change? executioner. If a court finds a doctor to be The potential ramifications for patient guilty of a professional standard failing we safety following this case are inescapable, junior should not have our own tribunal which can doctors are understandably going to practice then downgrade this finding. It undermines the even more defensive medicine than previously open letters to the GMC and BMA, international criminal justice system and makes the entire with everybody terrified that they may be struck blog posts, thousands of outraged tweets and process somewhat hypocritical. Instead I feel off even when system pressures are the root threats by doctors to boycott their GMC the issue in this case lay with the initial cause of most errors made. When the GMC were registration (prompting rapid legal advice and conviction of GNM by the courts.. The entire asked in light of this case what