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ARTICLE · 14 MARCH 2018

Dr Bawa-Garba: Could It Happen In Scotland?

Clyde & Co
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Dr Bawa-Garba's registration was suspended following a conviction for gross negligence manslaughter.

United KingdomLitigation, Mediation & Arbitration
Claire Raftery
Claire Raftery
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Dr Bawa-Garba's registration was suspended following a conviction for gross negligence manslaughter. The GMC appealed, arguing suspension was too lenient and Dr Bawa-Garba was struck off the register. Her treatment by the GMC has caused outcry amongst healthcare practitioners. The response from the medical community has prompted the GMC to order a review of gross negligence manslaughter in the medical setting. They will also be looking at the equivalent offence in the devolved nations. The review will likely highlight the inconsistent approach to prosecution of healthcare practitioners between England and Scotland.

In England, there has been an increasing number of high profile prosecutions of healthcare practitioners arising out of the care of patients. In recent years the cases of Sellu and Cornish have also involved the prosecution of doctors for gross negligence manslaughter in England.

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