Although some doctors celebrated when the Court of Appeal overturned Hadiza Bawa-Garba’s erasure from the medical register, it is argued here that in many ways the ruling is by no means good news for the medical profession. Doctors’ interests are served by transparent professional tribunals but the Court of Appeal’s approach to the GMC Sanctions Guidance risks increasing opacity in decision-making. Close attention to systemic factors in the criminal trial protects doctors yet the Court of Appeal states that the structural circumstances surrounding Bawa-Garba’s failings were only of peripheral relevance to her conviction. Public confidence in the profession is undermined when convicted doctors return to work because the public de facto do not understand the nuance of gross negligence manslaughter law. Rather than changing the law to make the regulator more lenient towards doctors, it would be better to ensure that doctors are only convicted of gross negligence manslaughter when their conduct is so serious that they ought to be struck off.
- criminal law
- philosophy of medicine
- bills, laws and cases
Statistics from Altmetric.com
If you wish to reuse any or all of this article please use the link below which will take you to the Copyright Clearance Center’s RightsLink service. You will be able to get a quick price and instant permission to reuse the content in many different ways.
Contributors NH planned and drafted the manuscript.
Competing interests NH is a junior doctor practising in Northampton, UK.
Patient consent Not required.
Provenance and peer review Commissioned; internally peer reviewed.
Read the full text or download the PDF:
Other content recommended for you
- Bawa-Garba granted Court of Appeal challenge against erasure ruling
- Gross negligence manslaughter and doctors: ethical concerns following the case of Dr Bawa-Garba
- Drs Bramhall and Bawa-Garba and the rightful domain of the criminal law
- Bawa-Garba’s original suspension was right decision, argues lawyer in appeal against erasure
- Criminalisation of unintentional error in healthcare in the UK: a perspective from New Zealand
- Paediatrician convicted of manslaughter must be erased from register, rules High Court
- GMC begins High Court appeal over suspension of paediatrician convicted of manslaughter
- Junior doctors and fitness to practice procedures in the UK: analysis of factors prompting tribunal referrals and outcomes
- Court overturns optometrist’s conviction for gross negligence manslaughter
- Medical manslaughter: independent review calls for root and branch reform of cases