The GMC review is an interesting development in the continuing debate surrounding the criminal and regulatory proceedings brought against Dr Bawa-Garba - a case that has generated much discussion within our professional discipline team here at Capsticks.
The decision on appeal to remove Dr Bawa-Garba from the medical register is perhaps not unexpected to those working in professional discipline, given her criminal conviction for gross negligence manslaughter.
However, questions continue to be raised about the appropriateness of criminal proceedings in cases of this nature and the way in which Dr Bawa-Garba's reflection and remediation was used by prosecutors.
One wonders what the outcome would have been if the matter had originated in the GMC as a conduct case, rather than being run through the criminal courts and coming to the MPTS later as a conviction?
The practice of reflection is a key part of improving our professionals and the professions within which they work. It aids rather than undermines the role of regulators in ensuring patients and the public are protected.
The importance of reflection, insight and remediation is demonstrated in the statutory approach adopted by professional regulatory tribunals, where the emphasis is on current fitness to practise.
Hopefully the new GMC review, and the review already directed by Jeremy Hunt, will provide a clear and consistent message for the profession and those involved in its regulation.
The General Medical Council (GMC) review into how manslaughter by gross negligence –and the equivalent offence in the devolved nations– is applied to medical practice will be led by Dame Clare Marx.