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BMA intervenes in Bawa-Garba case

The BMA has made a legal intervention to highlight the huge implications to doctors posed by the outcome of the Bawa-Garba case.

The two-day hearing, which starts today, will see lawyers argue that the high court’s decision to remove Hadiza Bawa-Garba from the Medical Register, on the grounds of promoting and maintaining public confidence in the medical profession, was flawed.

Dr Bawa-Garba, a paediatrics trainee, was convicted of gross negligence manslaughter in 2015 and subsequently given a 12-month suspension by the MPTS (Medical Practitioners Tribunal Service), in June last year.

This decision was, however, appealed by the GMC and, following a judgment in the high court, Dr Bawa-Garba was removed from the register in January this year, a decision which prompted a huge outcry from the BMA and wider medical profession.

In a statement ahead of today’s hearing, the BMA said that the wider implications of the grounds on which the divisional court reached its decision, needed to be challenged.

It says: ‘The BMA is intervening on behalf of its members and the interests of the wider profession in the the appeal of Dr Hadiza Bawa-Garba. Our intervention aims to help the court of appeal decide the important legal issues in this tragic and important case, following the widespread concern about it among doctors.

‘We are particularly concerned the high court’s judgement could restrict the ability of a medical practitioners tribunal to form its own view of the facts, and of any public confidence considerations, in cases involving criminal convictions.

‘The BMA’s intervention will focus on what is meant by the promotion and maintenance of public confidence in the medical profession and on the distinct role of the MPTS.’

Find out more about the Bawa-Garba case

Read the BMA’s legal statement
 
 
 
 

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