Dr Hadiza Bawa-Garba has been granted leave to appeal her removal from the medical register.
In a summary of the judgement issued last Wednesday (March 28), Lord Justice Simon said the court did not accept the argument of the GMC that a manslaughter by gross negligence sentence should mean automatic removal from the medical register.
“Having rejected the respondent’s argument that a gross negligent manslaughter conviction should lead to erasure in the absence of (truly) exceptional circumstances, it is properly arguable that the Divisional Court applied an equivalent rest in allowing the respondent’s appeal,” he said.
According to reports in the Independent, there was also concern that Dr Bawa-Garba’s personal development reflections detailed in annual appraisals, were seen by expert witnesses giving opinion in the High Court case.
In a statement following the decision, BMA council chair Chaand Nagpaul said: “Given the impact of the high court ruling on Dr Bawa-Garba, the wider medical profession, and the public, we welcome the decision to grant Dr Bawa-Garba permission to appeal.”
“The BMA will be applying to intervene in the appeal to assist the court and seek to achieve the best possible outcome for the profession,” Nagpaul said.
To date, more than £366,000 has been raised in donations to fund a new legal team and Queen’s Counsel to take Dr Bawa-Garba's case to the Court of Appeal.