Avant podcast series: Medical manslaughter – could it happen here?

22 August 2018 | Avant Media

Welcome to our two-part podcast* series recorded during an event we hosted in Sydney on 19 June, 2018 on the landmark criminal conviction of Dr Hadiza Bawa-Garba, where we asked the question – could it happen here?

Dr Bawa-Garba, a UK paediatric registrar was convicted of manslaughter on the grounds of gross negligence after Jack Adcock, a six-year-old boy, died while in her care.

The medical practitioners’ tribunal initially suspended Dr Bawa-Garba’s registration for one-year. However, the General Medical Council successfully appealed the decision on the basis that she should have been banned from medical practice. In January 2018, the High Court struck Dr Bawa-Garba off the register for life, sending shockwaves throughout the medical profession.

On August 13 2018, Dr Bawa-Garba successfully appealed this decision, winning the right to continue to practise after the Court of Appeal in England reinstated the tribunal’s original one-year suspension.

Podcast part 1: Ragni Mathur’s presentation

Part one begins with Sydney barrister, Ragni Mathur, Maurice Byer Chambers as she summarises the facts of the case and discusses the question of moral culpability.


Podcast part 2: Panel discussion and Q & A

Join the event’s Chair, Dr Penny Browne, Avant’s Chief Medical Officer in part two as the expert panel including Dr Greg Kesby, President, Medical Council of NSW, Ms Mathur, Dr Susan Hertzberg, emergency physician, Senior Medical Advisor, Avant and Helen Turnbull, Special Counsel, Professional Conduct, NSW, Avant Law discuss the potential implications of the case for doctors in Australia and answer audience questions.


*The podcasts have been edited to protect confidentiality.

This publication is not comprehensive and does not constitute legal or medical advice. You should seek legal or other professional advice before relying on any content, and practise proper clinical decision-making with regard to the individual circumstances. Persons implementing any recommendations contained in this publication must exercise their own independent skill or judgement or seek appropriate professional advice relevant to their own particular practice. Compliance with any recommendations will not in any way guarantee discharge of the duty of care owed to patients and others coming into contact with the health professional or practice. © Avant Mutual Group Limited 2018.

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