By Rozhin Shabbak, LLB Law Graduate
Case Law
Bawa-Garba v General Medical Council [2018] EWCA Civ 1879
As the law stands, doctors are not exempt from gross negligence manslaughter charges.
In 2015, Dr Bawa-Garba was found guilty of gross negligence manslaughter and given a 2-year suspended sentence when she failed to diagnose and treat sepsis leading to the death of a 6-year-old boy.
In 2018, while the High Court held in favour of the General Medical Council that Dr Bawa-Garba should be struck off the Medical Register, the Court of Appeal allowed Bawa-Garba’s appeal for and overruled the sanction of erasure. The original order of the medical practitioners’ tribunal was restored (suspension for 12 months).
This case attempts to set the standard and conditions for clinical negligence cases ...
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