Blogs

Dr Bawa-Garba Reflections

15 Jun 2018

sara bird

by Dr Sara Bird

Judge's gavel

The manslaughter conviction and permanent erasure from the medical register of Dr Bawa-Garba has caused widespread fear among doctors that personal reflections might be used as evidence against them in criminal or disciplinary proceedings.

A June 2018 report about gross negligence manslaughter in healthcare in the UK included a recommendation to remove the power of professional regulators to require registrants to provide reflective material for the purposes of investigating a registrant’s conduct.

Can personal reflections be used in disciplinary proceedings in Australia?

AHPRA has the power to obtain information when conducting an investigation about a registered practitioner. It is an offence to fail to produce the information without reasonable excuse. However, a reasonable excuse for failing to give the requested information is if giving the information might tend to incriminate the individual.

If you are involved in an adverse event, or a disciplinary process, seek early advice and support from your medical defence organisation.

A detailed legal analysis of Dr Bawa-Garba's case and the test for gross negligence manslaughter in Australia can be found here.

This blog contains general information only. We recommend you contact your medical defence organisation or insurer when you require specific advice in relation to medico-legal matters.

 

Library

My Career Journey with Dr Nick Coatsworth

Dr Nick Coatsworth is an expert in health policy, public administration and a practising infectious diseases physician. He held a national role in the Australian response to COVID-19 as Deputy Chief Medical Officer of Australia, becoming one of the most recognised medical spokespeople during the pandemic. Nick engaged the Australian community through a variety of media platforms most notably as the spearhead of the national COVID-19 vaccination campaign. Dr Micheal Gannon, Obstetrician & Gynaecologist, sits down with Dr Nick Coatsworth to discuss Nick's medical career journey, and what insights and advice he has for junior doctors. MDA National would like to acknowledge the contributions of MDA National staff, Members, friends and colleagues in the production of the podcast and note that this work is copyright. Apart from any use permitted under applicable copyright law, you may not reproduce the content of this podcast without the permission of MDA National. This podcast contains generic information only, is intended to stimulate thought and discussion, and doesn’t account for requirements of any particular individual. The content may contain opinions which are not necessarily those of MDA National. We recommend that you always contact your indemnity provider when you require specific advice in relation to your insurance policy or medico-legal matters. MDA National Members need to contact us for specific medico-legal advice on freecall 1800 011 255 or email advice@mdanational.com.au. We may also refer you to other professional services.

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Career complications and contending with uncertainty

Among the many challenges of the COVID-19 pandemic for junior doctors is how to respond to medical training impacts and career uncertainty. In this podcast, Dr Caroline Elton (a psychologist who specialises in helping doctors)and Dr Benjamin Veness (a Psychiatry registrar) share advice for coping with medical training and career delays, disruptions and unknowns.

Podcasts

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