Serious personal failures and a lack of contrition seem to have been her downfall. But system failures HAVE been sidelined, imho. More game-playing than an entire World Cup tournament going on over this one case.
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Lack of contrition is debatable. Her reflections were used against her almost like a confession. Her direct lack of apology would’ve been at the direction of legal counsel and the Trust. Many people owe a sorry
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"...could arise in a truly one-off case where the registrant showed truly exceptional insight and remediation such as where someone self-referred, apologised and fully recognised their failings and personal responsibility. Dr. Bawa-Garba was not a truly exceptional doctor."
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"But Dr Bawa-Garba had limited insight by comparison with those who self-referred, admitted their fault, apologised, did not blame others or systems but instead accepted personal responsibility" >Without a transcript, it's hard to make a personal judgement. But this was theirs.
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Whose?
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Was that the high court ruling? Persuaded by lawyers for GMC. Like a discount for early plea goes against those who want to try to clear their name. Rarely is there true credit for falling on a sword
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Agree that’s how it looks. But there really has been a drive recently for more openness, learning culture, looking at systemic problems rather than a “culture of blame” etc, and I think this outcome has driven that back. Good summary of the concerns here:pic.twitter.com/BXAm01XL36
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I actually think current duty of candour efforts are largely superficial tbh, Jim. And I believe that is what prompts people to head for the courts. I don't want to criminalise medical error - on the contrary. But I DO want to criminalise lack of candour. Needs a radical rethink.
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You likely can’t. Accused have a right to silence and against self-incrimination. Forcing HCPs to be candid gives them less legal rights than other members of society
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Viewed in isolation, I might agree. We need to come up with ways of accommodating the rights of all here. I don't know the answer, but we have to try and find it. And quick.https://twitter.com/c7rky/status/937068760502079488 …
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This is doctors talking. Not lawyers. Every criminal lawyer, certainly in Scotland where I am, will first advise make no comment. The crown has to prove a case, the defence doesn’t have to disprove it
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No, it's me talking. As someone who has more cause to want to see doctors prosecuted for their criminal deception than most. But instead, I'm trying to find a fair solution for all. It's just an idea for discussion, but I'm all ears to alternative suggestions that will work.
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Deliberate dishonesty was the CAUSE of my complaint, not just a consequence of it.
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