By way of reminder, Dr Bawa Garba was convicted of gross negligence manslaughter in relation to her care and treatment of a paediatric patient in 2015 and faced a Fitness to Practise Panel which suspended her from the medical register for a period of 12 months.
The GMC then appealed this decision to the High Court stating that Dr Bawa Garba’s name ought to be struck off the medical register.
The High Court allowed the GMC’s appeal after which time Dr Bawa Garba appealed this decision to the Court of Appeal.
With the support of the medical community, Dr Bawa Garba’s case in the Court of Appeal was successful in August 2018 and her name was reinstated to the medical register although the Court of Appeal also reinstated the original sanction of suspension.
In December 2018, following a review of the papers, the Medical Practitioners Tribunal Service determined that Dr Bawa Garba’s fitness to practise remained impaired by reason of her conviction and, with agreement from Dr Bawa Garba, determined to further suspend her registration for a period of 6 months following expiry of the original order of a 12 month suspension.
Another review hearing at the Medical Practitioners Tribunal Service Fitness to Practise Panel concluded on 9 April 2019 and it was determined that Dr Bawa Garba could return to restricted practice with conditions on her registration. Her suspension remains in force pending the appeal period of 28 days after which time the sanction of conditions will replace that of suspension.
Whilst Dr Bawa Garba will be working under supervision when she returns to work, this is a landmark case that will not be forgotten by the GMC or anyone practising in this niche area of the law.
If you are a doctor facing a GMC investigation or Medical Practitioner’s Tribunal Service Fitness to Practise Panel or a doctor wishing to appeal a decision of the Fitness to Practise Panel please give our experienced team of solicitors a call on 0161 827 9500.