The General Medical Council (GMC) says the findings from its review into how gross negligence manslaughter is applied to medical practice will be reported by the start of 2019. The deadline forms part of the terms of reference for the cross-UK, independent review process, which were announced last Friday (16 March).
The review follows the case of Dr Hadiza Bawa-Garba, who was convicted of manslaughter in 2015 following the death of a six-year-old boy. The Medical Practitioners Tribunal Service had initial given Dr Bawa-Garba a 12-month suspension from the medical register, but this was successfully challenged by the GMC in the high court, and the sanction was changed to erasure.
The GMC says the work will look at how the Council should handle cases involving gross negligence manslaughter and the equivalent offence of culpable homicide in Scotland. Whether sufficient regard is given to the circumstances in which the doctor was working at the time of the fatality, such as system pressures, errors or failures. The latter was cited as a contributory factor in the case of Dr Bawa-Garba.
The GMC review will be led by Dame Clare Lucy Marx, former President of the Royal College of Surgeons of England. Dame Clare said: “Doctors are often working in an immensely pressurised system where mistakes can happen. This review aims to encourage a renewed focus on a just culture, reflective practice and individual and systemic learning. It’s vital that accountability is appropriately apportioned between healthcare systems and individual doctors and that doctors are supported to act on concerns.”
The Council says the review will be informed by the outcome of the Government’s rapid policy review into the issue, which was announced by the Secretary of State for Health and Social Care last month.
