Struck-off Dr Hadiza Bawa-Garba wins appeal to work again

Caporegime
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Personal experience (~10 years ago) tells me that hushing up is still very typical behaviour, albeit "unofficially".

Not anywhere I’ve worked in the last 10 years (including the LRI where Jack died) have I come across anything I’d consider even close to hushing up. The culture has changed significantly in the period I’ve been practising, very much for the better.
 
Commissario
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Not anywhere I’ve worked in the last 10 years (including the LRI where Jack died) have I come across anything I’d consider even close to hushing up. The culture has changed significantly in the period I’ve been practising, very much for the better.
IIRC that was one the things that ended up getting the Dr in this case convicted, as she was open and honest with her mistakes having looked back after she'd had time to thing about what had happened, and the prosecution made a big thing of her admitting the mistakes, whilst the jury didn't seem to understand that realising how you could have done better after months of thinking about somehing, doesn't mean your mistakes at the time were down to massive failings in your own judgement given what else was going on (I don't think anyone can honestly say they've never made a mistake when overwhelmed with work that they realised could have been handled better/differently when they've had a chance to sit and think about it).

In a lot of industries I suspect the H&S exec would be prosecuting the management for allowing the staffing levels to fall below a safe level, and relying on staff who were not necessarily familiar with the facilities and operations as whilst the Dr failed, she was basically set up to fail from by the staffing levels and being expected to do several jobs at once
 
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If placed in a similar situation, tasked to cover several people’s roles, lack of appropriate supervision, asked act up (junior/SHO covering a registrar role) etc what should a “junior” doctor do...refuse to cover a shift? Be interesting to hear people’s thoughts?
 
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I recently read "This is going to hurt" by Adam Kay. Well worth a read for a glimpse (sometime humorous) into a Jr Dr's life. I certainly couldn't do it, they are pushed to the bleeding edge with very little safety nets.
 
Soldato
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Lets get some things straight here.

First doctors pay, she is a junior doctor so not that well paid base pay for 37h per week, we do 48 so do get paid extra for the extra hours. But its hardly big money.

Foundation Doctor Year 1, Year 1 £26,614
Foundation Doctor Year 2, Year 2 £30,805
Specialty Registrar (StR) (Core Training) Year 3 and 4 £36,461
Specialty Registrar, year 4 to year 9 £46,208


As others have said the buck did not stop at her, she was working under a consultant.

http://54000doctors.org/blogs/an-ac...ing-the-gmc-action-against-dr-bawa-garba.html

On the day in question:
The team were relatively new due to the February change over and Dr Bawa-Garba had not received Trust induction after over a years maternity leave

The registrar covering CAU did not attend. Dr Bawa-Garba was doing their job.

The consultant covering CAU was in Warwick. Dr Bawa Garba was doing their job.

Due to hospital IT failure the Senior House Officer was delegated to phone for results from noon until 4pm. For this period Dr Bawa-Garba was doing their job.

Therefore on this day Dr Bawa-Garba did the work or three doctors including her own duties all day and in the afternoon the work of four doctors.

Neither Dr Bawa-Garba (due to crash bleep) nor the consultant (due to rosta) were able to attend morning handover, familiarise themselves with departmental patient load and plan the day’s work.

Dr Bawa-Garba, a trainee paediatrician, who had not undergone Trust induction, was looking after six wards, spanning 4 floors, undertaking paediatric input to surgical wards 10 and 11, giving advice to midwives and taking GP calls.

Even when the computer system was back on line, the results alerting system did not flag up abnormal results.

The patinet jack was given a blood pressure lowering medication (enalapril) by his parents which may have precipitated the arrest/death of the patient which was not prescribed by Dr Bawa
 
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It’s really tough to craft a response to this without being overly emotional, suffice to say it’s pretty stressful practicing medicine even without the threat of criminal action being brought against you. The blame culture which we were meant to be moving away from rolls on in the “fight for justice” and practice becomes increasingly defensive or worse, errors are covered up and never learned from.

In a strange sort of way I agree with the GMC’s stance that a doctor probably shouldn’t be allowed to practice with a serious criminal conviction, however there are multiple arguments against striking off this doctor in this particular case due to institutional systems failures and the expert panel whose advice they sought and then totally contradicted about appropriate sanctions. The controversial argument comes when arguing whether criminal proceedings should have been brought in the first place.
 
Caporegime
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Yes and report it.

Easy to say refuse to work but you have a duty of care and leave yourself open to action by your trust and the GMC if you don’t work.

The GMC has an awful history of dealing with whistleblowers the BMA will also fail to protect you if previous history is anything to go by.
 
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Easy to say refuse to work but you have a duty of care and leave yourself open to action by your trust and the GMC if you don’t work.

The GMC has an awful history of dealing with whistleblowers the BMA will also fail to protect you if previous history is anything to go by.


Not really.

My one employer tried to put on 8 ton on to a 7.5ton lorry.
I refused...he sacked me on the spot....I won in court

Always AWAYS cover your backside in any work place.
 
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Not really.

My one employer tried to put on 8 ton on to a 7.5ton lorry.
I refused...he sacked me on the spot....I won in court

Always AWAYS cover your backside in any work place.

Unforutely there are several very high profile cases of doctors doing similar and having their lives and careers left in ruin. All sorts of legal battles have been raging the last year or two over the issue. Particularly the Chris Day case:

https://www.bmj.com/content/357/bmj.j2235

This doctor blew the whistle on his employer for unsafe conditions. He had his training stopped by Health Education England, who fought tooth and nail not to be recognised as an employer wasting huge amounts of public cash and eventually lost. Years later is still waiting employment tribunal having finally proven who his employer was. He was also written off by the BMA, our main union, under very shady circumstances.

It’s feels a very risky time in our profession at the moment. If you go wrong you’re open to criminal prosecution, if you blow the whistle you’re left with your life in tatters, all whilst demand is increasing and funding is cut.

I don’t think Hadiza will be the only case of this type.
 
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Soldato
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Not really.

My one employer tried to put on 8 ton on to a 7.5ton lorry.
I refused...he sacked me on the spot....I won in court

Always AWAYS cover your backside in any work place.

How were your future employment options? Now let's consider there is effectively only one potential employer available to you, it's the same employer you just took to judicial review, and every single department in that organisation will tap up other departments ahead of appointing.
 
Soldato
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A few follow on issues spring to my mind with this case:

Firstly, will she actually get a job again in the NHS. Who would touch her after all the publicity. It is grossly unfair, but I can see it happening.

Secondly, what message does this put out to the bright kids who have done well in their A levels today. Who would go into medicine when the message from this case seems to be you will get hugely overworked and then hung out to dry when you inevitably make a mistake.

Medical professionals are human and they will get it wrong. Lessons learned investigations need to happen, but prosecution should only happen in instances where it can be shown to be malicious, e.g. Harold Shipman.
 
Soldato
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How were your future employment options? Now let's consider there is effectively only one potential employer available to you, it's the same employer you just took to judicial review, and every single department in that organisation will tap up other departments ahead of appointing.


None. I was out of work for 6 month and with a mortgage and CSA.
But I would rather have that then kill someone on the motorway for being over weight.

As said I took him to court where I knew I would get more.
 
Caporegime
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Surely someone with that criminal conviction would now be able to be employed as a doctor anyway

I think it’s unchartered waters to be honest, but a useful step into challenging the original conviction.

Her record is otherwise unblemished apart from that one day and she has undergone far more scrutiny than any other doctor.
 
Caporegime
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Surely someone with that criminal conviction would now be able to be employed as a doctor anyway

Given what I've read about this I would assume she might now appeal? It does seem to be very unfair, at least she hasn't been struck off.
 
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