LMSS SPHINCTER vol.81 issue 2 SPHINCTER 3 No bleed | Page 22

The GMC and government have both Bibliography The Secret Barriter announced a review of GNM in medicine however, these reviews will have no power Bawa-Garba v R [2016] EWCA Crim 1841 Some thoughts on Dr Bawa-Garba and our faith to change the common law test for gross (www.bailii.org/ew/cases/EWHC/ in the jury system negligence or address the question of Admin/2018/76.html) https://thesecretbarrister.com/2018/01/31/ some-thoughts-on-dr-bawa-garba-and-our- whether a jury of peers is the best adjudicator. A current campaign is aiming to bring a case against the Leicester Royal Infirmary for Corporate Manslaughter a criminal offence which if the hospital were found guilty could see individuals on the Hospital Trust’s board imprisoned for the role they played in Jack’s death by not providing proper staffing, resources or support. An David Oliver: The Bawa-Garba case, faith-in-the-jury-system/ doctors, and the GMC—what next? The Guardian: Should Hadiza Bawa-Garba The BMJ Opinion- Rachel Clarke: have been struck off as a doctor? I believe so The Hadiza Bawa-Garba case is a watershed for patient safety The health Care Blog: https://blogs.bmj.com/bmj/2018/01/29/ To Err is Homicide in Britain – The Case of Dr. rachel-clarke-the-hadiza-bawa-garba- Hadiza Bawa-Garba case is-a-watershed-for-patient-safety/ http://thehealthcareblog.com/blog/2018/01/30/ to-err-is-homicide-in-britain-the-case-of-dr- increase in the use of this legislation would I Hadiza Bawa-Garba could have been any feel be a welcomed step. The threat of member of frontline staff working in today’s criminal culpability for those who make overstretched NHS resource and political decisions could be http://blogs.bmj.com/bmj/2017/12/08/ what is needed to finally force the rachel-clarke-hadiza-bawa-garba-could- government into making system wide have-been-any-member-of-frontline- changes which may prevent yet more staff-working-in-todays-overstretched- doctors falling victim to moral luck, a jury of nhs/ hadiza-bawa-garba/ non-peers and system failings. In summary UK Human Rights Blog: High wire walking without a mat: doctors, Following the criminal conviction the patient safety and public confidence MPTS were wrong to try to lessen the https:// sanction by only giving Dr Bawa-Garba ukhumanrightsblog.com/2018/01/27/ a 12 month suspension as it erodes the high-wire-walking-without-a-mat- criminal justice system. The GMC were doctors-patient-safety-and-public- wrong to try to alter the sanction given confidence/ by the MPTS as it undermines the autonomy of the MPTS and begs the question as to their purpose. But, overall the law is wrong to have tried to WANT TO JOIN THE DISCUSSION? Have your say! Head over to the SPHINCTER facebook page to discuss the case further!