LMSS SPHINCTER vol.81 issue 2 SPHINCTER 3 No bleed | Page 23

I SHOULD BE SAFE TO SPEAK AND FAIL Tinaye Mapako, 3rd Year Medical Student It is not about how clever and competent we are but how tired, stressed and honest we are. Funding gaps; rota gaps; Jeremy Hunt; Mangers; targets and contracts circle over us and our patient’s. Dr Bawa- Garba is a ST6 Paediatric trainee and she was looking after a young boy who died under her watch. She made mistakes and has been struck off following a Manslaughter prosecution. Criminal courts, internal trust investigations, the GMC and FTP Boards all came to different conclusions. Different arbiters of blame and complicity themselves failing to make genuine recommendations for improvement. We are told about honesty, reflection, human factors and team work yet for Dr Bawa-Garba none of that mattered when full weight of regulation fell upon her and therefore, perhaps on all of us. Somewhere something has gone very wrong. Six- year-old Jake Adcock died, our first thoughts, our genuine gut emotions should be to that little boy. There is rarely a singular causal event in the death of a patient. A multiplicity of factors is always involved. On days like the one where young Mr Adcock died Murphy’s law applied. Dr Bawa-Garba was new to the ward and had just come back from maternity leave. She was left with the jobs of three doctors with an IT system continually failing and senior and junior staff weren’t available at crucial moments. The paediatricians previously impeccable record became fatally blemished. She should have noticed a high lactate a key marker of sepsis, she should’ve highlighted Jack’s case in her handover to the consultant. Serious mistakes were made. Could you have behaved like her? Made decisions like she did that day. Could we…. Will we all be Dr Bawa-Garba? Dr Bawa-Garba reflected as we are told to do. Medicine learns from mistakes we analyse the failure of systems and behaviours finding what we can change and improve. The Hospital itself found errors beyond anyone’s control. Dr Bawa-Garba found herself pressured to take all of the blame from her supervising consultant. The Fitness to practise committee the MTSP decided a two-year suspension was appropriate but following a criminal conviction the GMC sought to get the paediatrician struck of and they succeeded. The GMC chose to go for blame. A judge in an earlier hearing said ‘…manslaughter, does not, in my assessment, automatically mean that suspension is necessary or appropriate”. A respected group of doctors also noted that cases which involve black and minority ethic doctors often receive harsher treatment. What I can’t do is determine the legal rationales but even as recently as 2015 two clinical expert witnesses believed her to still be a “safe doctor”. There are question I can’t answer. Should she have not practised if she thought staffing levels endangered patients? Will taking Junior doctors to court for mistakes and using their reflection as “evidence” help patients? Why speak up and act as scrupulously as possible if blame and retribution are the aim of our regulator instead of rehabilitation and improving patient safety. The question when should a doctor be struck off is the last question we answer. The first question is how do we make it safe for all the Jake Adcock’s in the future - if the answer is get rid of Dr Bawa-Garba’s medical license then we can answer our final question - if it isn’t we must ask a different question. How can we support doctors who make mistakes? So how do we speak up. Do we go in when there isn’t staff? Wouldn’t that make patient safety worse? Should we risk reflecting, if our own words form chains around our neck. It isn’t in the interest of the public or patients for a “safe doctor” in unsafe systems to be strung up. I worry about medical institutions incriminating those who are honest and competent who get it wrong. I worry that the term “putting the profession in disrepute” only heightens the public’s expectation of the NHS’s ability at a time of active financial and organisational strain. The GMC put up a flowchart telling doctors how to respond to unsafe conditions; released a statement encouraging reflections and pushed a tool to report understaffing. Critics said they were unsure more paperwork would solve those problems and even so if the law remains the same you’ll still be blamed anyway. It should be safe to speak and safe to fail if it is to be safe for patients.