Sunday, 4 July 2021
We keep missing the point by Simon Kolawole
I’ve been reliably informed that I irritated a number of people in two recent articles, one titled “True Federalism and Other Fallacies” and the other “Restructuring and the 1963 Constitution”. I can understand the frustration of many southerners: they feel trapped in a country with people they would rather not live with. The events surrounding the ascension and descension of President Jonathan left many hurt, bitter and angry. The campaign for restructuring and balkanisation has been heightened since President Muhammadu Buhari came to power: many southerners insist he has not painted himself in glory with his pattern of appointments and pronouncements.
In those articles, I did not say people should not campaign for restructuring. That’s above my paygrade. My plea is simple: stick to the facts and stop lying to children. Many Nigerians have been misled with falsehoods and fallacies. In one article, I argued that “true federalism” is a fallacy, that what we have are variants of federalism as no two countries practise the system the same way. Each federal constitution decides how powers are shared — with currency, diplomacy and military usually centrally controlled. I pointed out that fiscal federalism does not mean resource control. To the contrary, it is a theory about fiscally balancing the federation so that poorer parts don’t suffer.
In my other article, I compounded things by quoting a section of the famous 1963 Constitution to debunk the fallacy that regions were granted resource control in the first republic. Mines and minerals, including oilfields, oil mining, geological surveys and natural gas, were all on the Exclusive Legislative List and squarely under the jurisdiction of the federal government. I also noted that the economic mainstays of the regions were cocoa, groundnuts and palm produce — which were agricultural products, not mineral resources. I argued that under the 1999 Constitution, states are still allowed to repeat the agricultural feats of 1963 without having to worry about derivation.
Perhaps, more annoyingly, I recalled the position of a professor of law and senior advocate of Nigeria who said the 13 percent derivation on “revenue” under 1999 Constitution is bigger than the 50 percent derivation on “rents and royalties” under the 1963 Constitution. Although I am still carrying out further research to verify the professor’s assertion (it’s been difficult getting data on revenues from royalties and rents in 1963-66 but I will not give up), I did argue that royalty is just a fraction of the revenue that the Nigerian federation earns from oil. I listed other oil revenue items under today’s expansive taxation regime which was not in place in 1963 when petrodollar was little.
I did also say that the biggest income for the federation today is from sale of oil and gas, not rents or royalties. Rents are paid to the federation for the land on which oil is being drilled. Royalties, on the other hand, are usually tied to thresholds. For instance, the current offshore royalty for fields producing less than 15,000bpd is 10 percent, while price-based royalties are only paid if oil sells above $35/barrel. The national assembly is trying to reduce offshore royalties to 7.5 percent and raise the price threshold to $50/barrel. This will further reduce income from royalties. Conversely, 13 percent derivation is a direct and flat charge on revenue from oil produced in a particular state.
In my series of articles over the years, my aim has always been to make certain points which we keep missing in the campaign for the restructuring of Nigeria. One, we keep blaming the 1999 Constitution for what is clearly the failing of its operators. Chapter II says that “national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited” and that the state shall “control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity”. Is this bad?
The constitution further provides that the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced; that governmental actions shall be humane; and that exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented. Pray, how on earth can anybody deride the ENTIRE document, falsely claiming that it was not written by “We the People”? Was it written by “We the Goats”? What else can the all-knowing “We the People” write that will re-invent the wheel? If there are loopholes, why not fix them? Is that not why a constitution is a living document?
Two, there are so many opportunities provided by the 1999 Constitution which we have conveniently ignored because we are obsessed with desecrating and discrediting it. I pointed out a few things last week. As we all know, agriculture is on the concurrent list, which means the federal government and states are free to make policies on it for the benefit of the citizens. In the pre-Independence era and the first republic, cocoa, palm produce and groundnuts — along with tax revenue — were what Dr Michael Okpara, Dr Nnamdi Azikiwe, Sir Ahmadu Bello, Chief SL Akintola and Chief Obafemi Awolowo utilised to develop their regions. It is an open fact, I suppose.
Under the 1999 Constitution, there is no single provision stopping states from promoting agriculture and industry with smart policies. As Fela would say, “Ground no dey shake; na your leg weak.” States can use rice, pineapple, cassava, tomato, sorghum, cocoa, oil palm, cotton, groundnuts, ginger and sesame to drive economic growth and development but some would rather resort to work avoidance by pursuing the narrow argument that the 1999 Constitution was not written by “We, the Only Wise” and it is anti-people and anti-federalism and only fit for the shredder. It is so easy for politicians to blind the people with ethnic and sectional emotions just to paper over incompetence.
I have gone to great lengths in recent years to explain how states can get value from agriculture, which has nothing to do with derivation or Abuja. In my previous article, I briefly touched on what states can do to diversify their revenue base. South-west states, under the DAWN Commission, got a telecoms licence for O’Net in 2002. Does anyone still remember? Telecoms is on the exclusive list, by the way. This shows us what is possible under the 1999 Constitution. In fact, under the constitution, Osun or Benue or any other state can incorporate an oil company and start competing for oil blocks with Shell and Aramco anywhere in the world. All we know to do, unfortunately, is moan and whine.
Three, even the items that are on the exclusive list, what exactly is the problem? Railway is on the list but Lagos is building a rail line. Heaven has not fallen. Rivers was undertaking a light rail project years ago. Kano state is planning one. Aviation is on the exclusive list but only God knows how many states have or are building airports today. Power is on the exclusive list but many states are into power projects. The one built by Asiwaju Bola Ahmed Tinubu as governor of Lagos state between 1999 and 2007 is the one sustaining many factories in Lagos today. All these achieved under the 1999 Constitution! So, what exactly is our problem? Why do we keep heating up Nigeria for nothing?
Four, we have this thinking that more allocation means more development. By all means, the oil-producing areas deserve to enjoy the benefits of being the region where Nigeria’s biggest source of public revenue and forex is mined. If I had my way, I would even ask them to keep 100 percent of the oil revenue. It is their luck that they have oil in the bellies of their lands. But we keep making the mistake that more derivation revenue will translate to more development. This is partly driving the agitation for restructuring and the so-called fiscal federalism. From experience, more revenue has not translated to more competence or more development. But we just keep missing the point.
Finally, let me ruffle feathers again. Awo is being used as the poster boy of the “restructuring” campaign. He is always quoted to have said: “Nigeria is not a nation. It is a mere geographical expression.” Sorry, but this is a clever manipulation of Awo’s thoughts on page 48 of his book, ‘Path to Nigerian Freedom’. Under the chapter, ‘Towards Federal Union’, this is the full context: “If rapid political progress is to be made in Nigeria, it is high time we were realistic in tackling its constitutional problems. Nigeria is not a nation. It is a mere geographical expression. There are no ‘Nigerians’ in the same sense as there are ‘English’, ‘Welsh,’ or ‘French’.” And this was in 1947!
In truth, what Awo was advocating was nation-building. He was not asking for Oduduwa Republic. By 1968, he had this to say about the Nigerian project: “It is incontestable that the British not only made Nigeria, but also [handed] it to us whole on their surrender of power. But the Nigeria which they handed over to us had in it the forces of its own disintegration. It is up to contemporary Nigerian leaders to neutralise these forces, preserve the Nigerian inheritance, and make all our people free, forward-looking and prosperous.” He had, obviously, moved beyond the federalism debate he wrote about in 1947, but people make it look like he campaigned for federalism all his life.
Actually, Awo twice contested to be president — in 1979 and 1983 — under the “military” 1979 Constitution, which is the same document we updated and renamed 1999 Constitution. Were Awo to be president of Nigeria today using the same 1999 Constitution, you can bet he would do well. But we have been tuned to think it is constitutions that develop a society. Constitutions can NEVER take the place of visionary, competent and patriotic leadership. That is why virtually all systems deliver economic progress: liberal democracy, dictatorship, presidentialism, parliamentarism, federalism, unitary system, name it. But I accept that it is too hard for some people to understand.
AND FOUR OTHER THINGS…
YORUBA NATION
After the destruction brought upon Lagos state in the wake of the End SARS protests in October 2020, it is now glaring that the police have developed a morbid fear for public protests in the nation’s commercial capital. Otherwise, I see no reason for the show of force in the state yesterday to prevent Chief Sunday Igboho’s rally for Yoruba “nay-son” from holding. There is something we still need to get clearly: Nigerians have a fundamental right to demonstrate and agitate, as long as it is peaceful and no laws are broken. The police should not become so hysterical that public demonstration will become criminalised. The emphasis should be on law and order. Civil.
KANU CONUNDRUM
When news broke that Mazi Nnamdi Kanu, leader of the separatist Indigenous People of Biafra (IPOB), had been re-arrested and brought back to the country to continue his trial for treason, I was not particularly excited. Things are so delicate, politically, in Nigeria today that we do not need anything that would complicate the fragility. But I agree that the Nigerian state has to assert its sovereignty and not show weakness. Legitimate questions are being asked about how and where he was re-arrested, and if any international laws were indeed broken. Whatever the case may be, we should now be demanding due process, respect for his dignity and fair judicial process. Justice.
HOPE RISING?
Months ago, it was as if Nigeria was about to melt into hell. Some men of God had already lost faith and started preaching “Plan B” to the children of God. So many of my friends, some of them diehard optimists, called me and said it was looking gloomy and they were planning to leave the country. The insecurity has apparently reduced a bit, even if not significant enough to rekindle wholesale optimism. At least, we have some breathing space. The death of Abubakar Shekau, the Boko Haram leader, and the reduction in attacks on police stations and prisons in the south-east are big wins, but we would feel much more relieved if the bandits and criminal herders are reined in. Progress.
POUNDED PDP
Governor Bello Mutawalle of Zamfara has defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). From controlling 31 states as of June 2007, the PDP has been reduced to having just 13 states today — with more of its governors expected to jump fence in the weeks and months ahead. How are the mighty fallen! This was a party that once prided itself as the biggest in Africa, with an arrogant promise to rule Nigeria for 60 years. APC is the beneficiary and I can smell their own arrogance all over the place. For those of us on the sidelines, this is normal service. APC is PDP and PDP is APC. Politicians will never stop jumping back and forth. Opportunists.
Saturday, 3 July 2021
Dr Hadiza Bawa-Garba: Struck-off doctor can return to work - BBC News
A doctor convicted over the death of a six-year-old boy can return to work, a medical tribunal has ruled.
In 2015, Dr Hadiza Bawa-Garba was found guilty of gross negligence manslaughter over the death of Jack Adcock.
She was struck off in 2018 but appealed against the decision and won her bid to be reinstated to the medical register.
The Medical Practitioners Tribunal Service (MPTS) has now ruled Dr Bawa-Garba can return to work, but only under close supervision.
The doctor will resume work - although at a lower grade than she was previously employed at - once she returns from maternity leave in February 2020.
Tribunal chairwoman Claire Sharp said the chance of Dr Bawa-Garba putting another patient at unwarranted risk of harm was low and she had undertaken a "significant" amount of remediation.
However, the tribunal found the doctor's fitness to practise was "impaired" as she had not had face-to-face contact with patients since 2015.
Jack's parents, Nicky and Victor, from Leicestershire, had opposed Dr Bawa-Garba being allowed to practise again.
Giving evidence at the hearing, the doctor apologised to the Adcock family.
Jack Adcock died at Leicester Royal Infirmary in 2011 when undiagnosed sepsis led to cardiac arrest
In 2011, Jack, who had Down's syndrome and a heart condition, died from a cardiac arrest caused by sepsis 11 hours after being admitted to hospital.
Prosecutors in Dr Bawa-Garba's criminal trial said his death was caused by an incorrect diagnosis and "serious neglect" by staff.
Dr Bawa-Garba's defence said she had worked a 12-hour shift with no break and there was miscommunication on the ward.
The doctor was removed from medical duties ahead of the trial. She was later given a two-year suspended sentence by the court.
Dr Hadiza Bawa-Garba said she was "sorry for her role" in Jack Adcock's death
In 2017 the MPTS suspended her from the medical register for a year, but the General Medical Council appealed against the decision and in January 2018 she was struck off at the High Court.
Dr Bawa-Garba subsequently took her case to the Court of Appeal and in August won her bid to be reinstated.
She is currently serving a suspension until July but wants to return to work full-time in February.
Giving its determination, the MPTS said the doctor had "reflected appropriately" on the events of Jack's death and had undertaken significant steps to remediate concerns identified in 2017.
A number of conditions were put in place on Dr Bawa-Garba's registration, and will be in place for two years from July.
During the hearing, Dr Bawa-Garba said: "I am sorry for my failure to recognise sepsis.
"I apologise for the pain I have caused the family, the pain will live with me for the rest of my life."
Sitting in the public gallery, Mrs Adcock interjected: "Eight years too late."
Speaking after the tribunal, she added: "I don't think she should ever be allowed in a hospital again."
Jack's parents Victor and Nicky Adcock attended the tribunal
A GMC statement said the process had been "difficult" for the Adcock family.
It added: "'The GMC and Dr Bawa-Garba's representatives both submitted to the medical practitioners tribunal that her fitness to practise remains impaired due to the length of time she has been out of practice.
"It is important the doctor's return to practise is safely managed."
However, Jenny Vaughan, law and policy officer for the Doctors' Association UK, said it was "right" that Dr Bawa-Garba would be allowed to return to work.
She said: "Dr Bawa-Garba was working in appalling conditions that day in an NHS hospital...there is a culture of blame in the NHS at the moment which, if left unchecked, will mean patient safety is not what it should be as staff will be too scared to admit their mistakes."
Doctor struck off over boy's death allowed to return to work by Sarah Boseley Health editor
Hadiza Bawa-Garba, convicted over death of Jack Adcock, will be supervised for two years
Dr Hadiza Bawa-Garba hopes to resume working in February next year as a trainee paediatrician.
A doctor who was struck off the medical register after the death of a child and then reinstated after a battle through the courts has been told she can return to work under supervision.
Hadiza Bawa-Garba has not worked since November 2015 when a jury convicted her of gross negligence manslaughter over her treatment of six-year-old Jack Adcock, who developed sepsis and died of cardiac arrest at Leicester Royal Infirmary in February 2011.
Blaming Dr Hadiza Bawa-Garba won't protect other patients
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Her case caused an outcry among doctors who believed she had been made a scapegoat for the failings of an overstretched NHS. Bawa-Garba now hopes to resume working in February next year as a trainee paediatrician. She is currently on maternity leave. She will be under supervision, with conditions on her medical registration, for two years.
The medical practitioners tribunal service, reviewing her case towards the end of a period of suspension, found Bawa-Garba’s fitness to practise was impaired after four years without contact with a patient. But the tribunal said she understood what had gone wrong and had undertaken remedial training. The tribunal’s job was not to punish but to protect patients, it said.
The tribunal “was satisfied that Dr Bawa-Garba has sufficient insight into her conviction, its seriousness and its consequences” and that the public interest had been served by two periods of suspension, of 12 and six months.
Jack Adcock
Jack Adcock, six, died at Leicester Royal Infirmary in February 2011. Photograph: PA
Bawa-Garber was given a suspended sentence after her conviction for Adcock’s death. An investigation later said “multiple systemic failures” were also involved in the death.
The medical tribunal gave her a suspended sentence but the General Medical Council (GMC) appealed and she was struck off, causing an outcry among medical professionals. Later the court of appeal reinstated Bawa-Garba to the medical register. The original suspension was reinstated and then renewed for six months in December.
She has been supported by the Doctors’ Association UK, which welcomed the decision. Dr Jenny Vaughan, its law and policy officer and the founder of the organisation Manslaughter and Healthcare, said: “I’m a patient, doctor and a mother and I know that Jack Adcock should have received better care. However, Dr Bawa-Garba was working in appalling conditions that day in an NHS hospital, and all the evidence of what the hospital actually needed to put right was not heard by the jury.
“There is a culture of blame in the NHS at the moment which, if left unchecked, will mean patient safety is not what it should be as staff will be too scared to admit their mistakes. The next generation of those who want to care will simply vote with their feet. It’s right that Dr Bawa-Garba is going to be restored to the medical register as the hospital too was at fault and should have provided better care. We are calling for a just culture so that the system here is made safer, as locking up individuals achieves nothing.”
Where does the blame lie when something goes wrong at hospital?
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Dr Samantha Batt-Rawden, the chair of the Doctors’ Association UK, said: “Today’s verdict, whilst welcome, is no cause of celebration. There are no winners in this desperately sad case. However, restoring Dr Bawa-Garba to the medical register is the right outcome and will go some way in addressing the current climate of fear and blame in the NHS which is so toxic to patient safety. I have no doubt that Dr Hadiza Bawa-Garba will now be the safest doctor in the hospital, and as a doctor and a mother I would have no hesitation in allowing her to treat my child.”
A GMC spokesperson said: “We would like to acknowledge how difficult this process has been for the Adcock family and our thoughts are with them. The GMC and Dr Bawa-Garba’s representatives both submitted to the medical practitioners tribunal that her fitness to practise remains impaired due to the length of time she has been out of practice. It is important the doctor’s return to practice is safely managed.
“The tribunal agreed, making a finding of impairment, and they have imposed conditions on Dr Bawa-Garba’s registration for two years in order to allow her to return safely to practice.”
Hadiza Bawa Garba: Struck off for honest mistakes (2) By Deborah Cohen
Hadiza Bawa Garba: Struck off for honest mistakes (2)
• Nigerian – born doctor blamed for UK death: I had two very young children – my oldest is severely autistic and goes to a special needs school. So I made plans that if I was to go to prison he would have to go out and live with my mother in Nigeria
“I had parents from my daughter’s school asking if I was OK because they were getting leaflets in their letterboxes saying that they should sign a petition to say that I should be struck off,” she says.
The case attracted a lot of media coverage.
“I’m a very private person, but I had my face in the newspaper.”
Dr Bawa-Garba had enjoyed an unblemished career before Jack’s death and was well-regarded by her colleagues.
Born in Nigeria, she had wanted to be a doctor since she was about 13 years old, after recovering from malaria. At 16 she moved to the UK to study for her A-levels.
After her first degree at Southampton University, she studied medicine at Leicester and set her sights on becoming a paediatrician.
“I’ve been in the UK for more than half my life,” she says. “I love the NHS. I love the fact that people can get access to free medical health and that you can be part of that process.”
But that all changed the day she covered for a colleague at the CAU.
“The last picture I have of Jack is him sitting up drinking from a beaker, nothing prepared me to see him crash,” she says.
“After I realised that we were actually resuscitating Jack, I just couldn’t understand why he had crashed. When the team wanted to stop, I didn’t want to stop – because in my mind I’m thinking he’s not meant to crash,” she says.
Afterwards, she went to the nurses’ station and sobbed.
“I just couldn’t control myself and I’m not usually a weepy person,” she says. “I just kept thinking, ‘How did that happen? Why did he crash? What went wrong?’”
Dr Bawa-Garba recalls the moment that Mrs Adcock came up to her to thank her for her help. “I said to her, ‘I’m really sorry about the outcome – I don’t know how this happened,’” she says.
Later that night, Dr Bawa-Garba called Dr O’Riordan – the consultant who had arrived in the afternoon, after double-booking himself that day – to tell him about Jack’s death. She went home at 23:00 – some 15 hours after she had started her 12-hour shift – and updated Jack’s notes with what had happened at the resuscitation.
The following day, she was back at work at the assessment unit.
She knew the hospital was meeting the Adcocks and asked if she could attend. But she says Dr O’Riordan told her that she had to get on with her clinical duties.
The consultant then added to the notes that Dr Bawa-Garba had made.
He wrote that Dr Bawa-Garba had “not stressed” to him that Jack’s lactate level was 11.
On Sunday, struggling to process what had happened, Dr Bawa-Garba phoned Mrs Adcock to say she was sorry for the family’s loss.
“I just wanted to reach out to see how mum was holding up because it must be devastating,” she says.
The following day, she says, she was admonished by Dr O’Riordan for making that call and told not to have any more contact with the family because an investigation was to be launched.
He then told her that they needed to discuss Jack’s death properly because he thought she hadn’t highlighted to him how ill Jack was, she says. He wanted to talk about how things could have been done differently to stop it happening again, she adds.
Dr Bawa-Garba had already started to write down her reflections.
“When you have a case that has had an impact on you, you write down how you feel and what you would change,” she says. “I made my own action plan about how I would be able to address those things that I wish I had done differently.”
On 25 February, a week after Jack’s death, Dr O’Riordan asked Dr Bawa-Garba to meet him in the hospital canteen, rather than the office he shared with other consultants. She was told to list everything that she could have done differently, she says.
So she continued that personal reflective process with Dr O’Riordan in the canteen.
“I was beating myself up about every single detail and obviously wishing that I had recognised sepsis, so we spoke about that and I was very open and explained everything,” she says. “It contained what I felt I could’ve done better plus some of the things that Dr O’Riordan also felt that I could’ve done better.”
Jack died from sepsis. Sepsis is when the immune system overreacts to an infection and attacks the body’s own organs and tissues.
According to the UK Sepsis Trust, about 14,000 people die each year because it is not diagnosed or treated early enough.
At the meeting, Dr O’Riordan took notes, which he then transferred to what is called a training encounter form, she says. This contained one section for Dr O’Riordan to write on and one for Dr Bawa-Garba to document her learning points and reflections.
However, she didn’t agree with all Dr O’Riordan said and didn’t sign the form.
Both her reflections and the training encounter form were uploaded to her e-portfolio, an online system used for learning purposes.
As soon as the meeting finished, Dr Bawa-Garba says she was sent home by Dr O’Riordan.
Dr O’Riordan declined Panorama’s invitation to comment on Dr Bawa-Gaba’s account of the meeting.
Recognising her need for further training, the hospital took Dr Bawa-Gaba off the on-call rota and put her on to the paediatric intensive care unit under the supervision of a consultant.
There she would see lots of children with sepsis, some of whom would get better then get worse – like Jack, she says.
“I was probably slower than I used to be, because I was micromanaging and double-checking everything and second-guessing myself all the time,” she says.
Using what she had learned from Jack Adcock’s death, Dr Bawa-Garba says she helped carry out a sepsis study and formed a junior doctor weekly teaching programme where doctors would discuss “near misses” or incidents when patients had died so they could learn from them.
The hospital had carried out its own investigation and Dr Bawa-Garba continued to work there.
But five months after Jack’s death, Dr O’Riordan left the Leicester Royal Infirmary and moved to Ireland.
Because Jack’s death was unexpected, the hospital conducted an investigation to identify what had gone wrong with the little boy’s care. They produced a report in August 2011 and updated it six months later.
It not only pointed to errors made by Dr Bawa-Garba and nursing staff – including Dr Bawa-Garba’s failure to recognise the severity of Jack’s illness – it also found a series of “system failings”.
“I think that we let Jack Adcock down – there’s no doubt about that in my mind,” says Andrew Furlong, medical director since 2016 of University Hospitals Leicester, which includes the Leicester Royal Infirmary.
There were six root causes for Jack’s poor care, the report said, listing 23 recommendations for improvement and 79 actions to minimise the risk of another child dying in such unacceptable circumstances.
The recommendations were wide-ranging but included:
– Robust processes for helping staff return to work after periods of protracted leave or maternity leave
– A dedicated presence of consultants on the children’s assessment unit
– New guidelines on the use of agency nurses
– Better visual prompts for staff about abnormal blood results
“Best practice shows that when you’re trying to identify learning, the way to do that is in an open culture, where people can give evidence without fear of sanction or blame,” Mr Furlong says.
Panorama has spoken to doctors who worked in the paediatric department shortly before Jack’s death. None felt able to go on the record.
They said doctors and nurses at the hospital had been raising concerns about staffing before Jack’s death.
They said consultant cover had been patchy and that factional infighting between consultants had caused problems for trainee doctors – it wasn’t something they could speak out about, they had had to keep their head down.
Junior doctors did try to raise their concerns that trainees were being used to plug rota gaps, often at the last minute. The CAU was one of the areas where there was never enough staff, and the hospital recognised that this posed a risk.
One doctor said she would pray before she went into work because she was worried something bad would happen.
In response, Mr Furlong says that as the only children’s emergency department serving 1.2 million people, the CAU was always busy.
“That isn’t unique to this trust, nor was the difficulty in recruiting doctors and nurses, too few were coming out of training nationally, a fact which the NHS locally and nationally is still struggling with. At the start of every shift, the nurses and doctors in charge routinely review staffing levels and move resources to where they are most needed,” he says.
After Jack’s death, the police started their own investigation and the Adcocks praise them for the support they have given the family.
But they say they heard very little from the hospital. They were sent a copy of the Leicester Royal Infirmary investigation and invited to discuss it, but they didn’t want to.
In February 2012 – a year after Jack’s death, and just after Dr Bawa-Garba had given birth to her second child – she received a phone call from the police. At first, she thought she had misheard what she was being told.
“The officer said, ‘We’re investigating Jack’s death as a possible manslaughter case and we need you to come down to the station,’” she says.
She went along thinking it would be a similar process to the hospital investigation. But suddenly she found herself under arrest and being read her rights. Her photograph and fingerprints were taken.
During the six-hour interview, all she could think about was her two-week-old daughter who would need breastfeeding. During phone calls home, she could hear the hungry baby crying.
The police investigation came to nothing. Seven weeks later, Dr Bawa-Garba was told that no charges were going to be brought against her.
More than a year later, in July 2013, Jack’s inquest started at Leicester Town Hall.
“We didn’t really know anything until it went to the inquest,” says Mrs Adcock. “We couldn’t speak to anyone – we weren’t really told anything.”
It was only then, the Adcocks say, they heard the “true facts” and “listened to the detail” about the errors that Dr Bawa-Garba had made.
According to Mrs Adcock, the expert witness at the inquest, Dr Gale Pearson, a paediatric intensive care consultant, stated that if Jack “had been given the right treatment, antibiotics, correct bolus, intensive care, consultant treatment, he would have not died when he died, how he died, the way he died – he may have still been here”.
“I think I collapsed, nobody could believe it,” Mrs Adcock says.
The inquest was adjourned shortly after Dr Pearson’s expert testimony and the case was referred back to the Crown Prosecution Service, which reviewed its decision to prosecute.
The family are clear about who they blame for Jack’s death – Dr Bawa-Garba and one of the nurses who had treated him. If they had done everything they could, the Adcocks say, they would have been devastated but could have said “Thank you,” and walked away. But as Mrs Adcock puts it, “All they did was contribute to my son’s death.”
Dr Bawa-Garba continued to work at Leicester Royal Infirmary, but one evening in December 2014, while she was on call on the neonatal unit, she was contacted by her educational supervisor, who asked to meet her.
Dr Jonathan Cusack was the head of the unit, so she didn’t think much of it. But, as she sat down, he told her she had been charged with manslaughter.
“I don’t think I registered because I said, ‘Er, OK – but I need to finish my shift and I have teaching tomorrow.’ I was supposed to be teaching some medical students the next day.
He said, ‘No, you need to go home, you have been charged with manslaughter.’”
Dr Bawa-Garba passed her bleep on to another doctor and went home, her head spinning with thoughts about what would happen to her family if she were to be convicted of manslaughter and sent to prison.
As the police were investigating Jack Adcock’s death, other failings in patient care across Leicestershire were emerging.
Following the Mid Staffs scandal – where hundreds of patients were exposed to “appalling” levels of care at Stafford Hospital – a new measure to help hospitals spot problems was introduced.
The Summary Hospital-Level Mortality Indicator (SHMI) uses adjusted data from individual trusts to flag up a higher-than-expected number of deaths. It acts as an early warning system highlighting a need for further investigation.
In 2013, Leicester GPs had started to become concerned about the University Hospitals of Leicester Trust’s SHMI. It had been higher than it should have been since the SHMI was introduced in 2010.
After deliberating with the Trust, they asked Dr Ron Hsu, then a public health consultant and now associate professor at the University of Leicester, to investigate further.
He met representatives from the local Clinical Commissioning Groups, the hospital and NHS England to devise and agree a plan.
Teams of doctors and nurses were tasked with going through the records of patients who had either unexpectedly died in hospital or died within 30 days of leaving between 1 April 2012 and 31 March 2013. It didn’t look at paediatrics.
They focused on a sample that would help them identify systematic clinical issues. This is where you learn the most, Dr Hsu says.
In large rooms set aside in the hospital, the teams pored over patients’ notes looking at the kind of care they were receiving and identifying things they thought had gone wrong.
The bar was set high – a team of doctors or nurses had to be unanimous before they agreed a patient had received poor care, Dr Hsu says.
When Dr Hsu came to tally the results, he did not believe what he saw. “It was shocking. Based on what I read I was expecting around 10% of patients to have received unacceptable care,” he says.
But in fact nearly a quarter of patients in the report had received “unacceptable care” – serious errors had been made that would have increased the risk of harm.
In over half, there were “significant lessons to learn” – aspects of care that could be done better.
It included issues with “do not resuscitate” orders, delayed antibiotics, failure to detect serious illness despite multiple clinical signs, unexpected deterioration, medication errors, and IT failures.
The problems ran across all health care in Leicestershire and Rutland, but the “vast majority” of lessons came from the hospital.
“The issues were obviously longstanding and the consultants and nurses working in the hospital were not necessarily surprised by what we were finding,” says Dr Geth Jenkins, a former GP in Earl Shilton and a member of the team that carried out the review.
Dr Hsu asked to meet the medical directors of the Trust.
But at a meeting between the local clinical commissioning groups, hospitals, community organisations and NHS England to discuss the findings, the discussion soon turned from how to fix the problems to how to get the message out, Dr Hsu says.
“They were concerned about their reputation,” he says.
That December he was asked to see officials from NHS England. “They were concerned about the abruptness of the presentation, they would like it softened, as it were, maybe made user-friendly,” he says.
Later that month, he says he received a list of 50 changes – mostly relating to the colour and presentation of the report and the size of the charts. Then, the following February, he received another raft of changes.
Dr Hsu says he’s been around long enough to know if reports don’t work out well for someone, people have ways of ensuring that the report doesn’t really get anywhere.
“They were worried that people will lose faith in the health services,” he says. “We were at the time, the fifth or the sixth largest NHS trust in England and it’s a trust that whatever happens to it, you couldn’t ignore.”
Dr Jenkins says: “It was clear NHS England wanted the report to go away.”
The University Hospitals of Leicester NHS Trust was not the worst, neither was it the best, he adds.
“If they found these kinds of issues when the Trust’s SHMI was high but not that high, what would they find with other hospitals that had higher ones?” he asks.
Nine months after Dr Hsu submitted his report, it was posted on the Trust website. A summary version was produced for the press and the public.
The media were carefully managed, Dr Hsu says.
“It took ages for the conclusions to become public,” says Dr Orest Mulka, a former GP in Measham, and one of the reviewers.
“And when I discovered that the media, including the BBC, had portrayed them as relating to the care of terminally ill patients receiving palliative care, I thought this was completely untrue. Most of the patients who died were emergency admissions who were not expected to do so.”
Mr Furlong says the Trust was the first to use this review method and now others are using similar techniques to look at what can be learned from patients who have died.
The hospital appointed Dr Ian Sturgess to consider improvements in the emergency sector. But some local GPs were frustrated and thought there was a resistance to change and a reluctance to talk openly about the problems.
In October 2014 they sent a letter sent to former Health Secretary Jeremy Hunt and Simon Stevens, chief executive of NHS England, warning of “broken systems serving patients and carers in our area”.
“Every week we receive reports from our constituent GPs informing us of incidents of distressing medical and nursing care that patients are being exposed to at Leicester Royal Infirmary,” the letter said.
The GPs went on to say that in their view the hospital was “potentially on a par with Mid Staffordshire Hospital”.
It’s a description Mr Furlong rejects. Far from ignoring problems, he says, the Trust went looking for them.
“In the Mid Staffs enquiry they found that there had been hundreds of avoidable deaths, the reviewers drew no such conclusion in this review,” he says.
NHS England declined to comment to the BBC.
Mr Furlong says that improvements have been made and that the review has now been repeated, with results due for publication in September.
While the review cannot be extrapolated to all admissions, both Dr Mulka and Dr Jenkins see parallels in what they found with the care of Jack Adcock.
“The issues were all laid bare – poor staffing levels; communication problems and poor handovers; IT systems not working; no senior staff on duty, with juniors left to do everything,” Dr Jenkins says.
“They all walked into a toxic environment that day,” he adds.
On 5 October 2015, Dr Bawa-Garba found herself in the dock in Nottingham Crown Court, along with two other defendants – nurses Theresa Taylor and Isabel Amaro.
The cells below were a constant reminder of what might happen to her.
The three pleaded not guilty to the charge of manslaughter by gross negligence at the start of what was to be a four-week trial.
“I remember sitting there and listening to their account of my actions and I felt like a criminal,” says Dr Bawa-Garba.
The case attracted a lot of media attention. Dr Bawa-Garba would travel from her home in Leicester up to Nottingham.
“I remember vividly one time we were sitting on the train and I was in The Metro paper. My picture was there and the passenger sitting opposite me kept looking at the paper and looking at me and looking up,” she says.
Several staff members from the hospital were witnesses for the prosecution and barristers representing the other defendants each cross-examined Dr Bawa-Garba.
It was the same for CAU ward sister Theresa Taylor. Isabel Amaro didn’t give evidence.
The jurors were instructed to decide whether the three defendants were guilty of unlawfully killing Jack Adcock, basing this decision exclusively on the evidence put before them.
Aspects of the trial have caused consternation among the medical profession.
“Doctors became particularly concerned when they heard about all of the systems failings at the hospital and felt these weren’t heard fully in court,” says Dr Cusack, Dr Bawa-Garba’s educational supervisor, who attended parts of the trial.
The hospital’s own investigation, which flagged up all the contributory factors and failings that had led to Jack’s death, wasn’t put before the jury, he says. Not all failings were heard, he says.
A number of other aspects of the case have also given rise to controversy.
On the fifth day of the trial, Dr Stephen O’Riordan, the consultant who was meant to be on duty the day Jack died, took the stand. As the consultant, he had ultimate responsibility for the patients admitted on the CAU that day.
Attached to his witness statement was the training encounter form containing details of his discussion with Dr Bawa-Garba in the canteen eight days after Jack’s death – the form Dr Bawa-Garba refused to sign.
Dr O’Riordan told the court that he recalled the pH was 7.08 and “the lactate was high” saying he couldn’t remember if Dr Bawa-Garba had told him the actual value at their afternoon handover, before Jack died. He said: “At no time was this patient highlighted to me as urgent, unwell, septic or that I needed to see him.”
The point of a handover, he said, was the passing of information from one junior doctor to another – the consultant’s role was supervisory to ensure the information was transferred.
Some doctors, however, contest this saying that the handover is to provide an opportunity for consultants to decide how best to manage patients, and to pick up on points that trainees have failed to flag.
“Doctors work in teams and the consultant is in charge of that team. While doctors are responsible for their actions, many feel Dr Bawa-Garba was let down by the consultant on call both on the day that Jack died and subsequently,” Dr Cusack says.
The role of the enalapril, the drug given to regulate Jack Adcock’s blood pressure, has also generated debate. Some doctors have expressed concern that its role in Jack’s cardiac arrest has been underplayed. Mrs Adcock says she feels that these doctors are blaming her for her son’s death.
At the coroner’s inquest in August 2014, Dr O’Riordan’s barrister suggested that enalapril had been a significant factor.
But the coroner, Mrs Catherine Mason, dismissed this idea.
“I have no evidence of that at all,” she said. There was nothing in the report by Dr David O’Neill, the pathologist, or from toxicology, that suggested it played a role, she said. She then repeated the point, saying that there was “no evidence that the enalapril was incorrect or caused or contributed to his death”.
Measurements of the levels of enalapril in Jack’s blood were not taken as they were thought not to be useful.
At the criminal trial, experts agreed that Jack shouldn’t have been given the drug in the condition he was in, though all accepted that Mrs Adcock had behaved perfectly responsibly by giving it to him.
They didn’t agree on how much it had affected him, though.
Dr O’Neill said whether or not enalapril played a role was beyond his expertise. But when asked if it was a “significant factor” in Jack’s rapid deterioration, he said this was “consistent with the clinical history”. His post-mortem results could not confirm or refute it.
The jury also heard from Dr Simon Nadel, a paediatric intensive care consultant in London, who thought enalapril had aggravated Jack Adcock’s condition, but wasn’t the cause of death. Another prosecution expert agreed.
Dr Nadel said the little boy was “well on down the slippery slope by then” and had a “barn door” case of sepsis. This was the most important cause of his death, he said.
Dr Bawa-Garba’s defence expert, however, thought the signs of sepsis were “more subtle”.
After two weeks, it was Dr Bawa-Garba’s turn to give evidence.
Mr Andrew Thomas QC, for the prosecution, told Dr Bawa-Garba that no-one was suggesting that she deliberately set out to harm Jack Adcock. What was at stake was whether she fell below the standard of a reasonably competent junior doctor.
He pressed Dr Bawa-Garba on the reflection she did after Jack’s death.
“List for us, please, all of the mistakes,” Mr Thomas said.
“After this case happened, I reflected on my practice and this can be found in my e-portfolio, and I listed deficiencies that I felt were in the care that I provided on that day,” Dr Bawa-Garba replied. One of them, she said, was her failure to register warning signs in the blood tests.
Mr Thomas told her to pause as people were going to write the list down. He then pressed her further and one by one, she listed how she felt she should have done better.
“I wish that I had been clearer in my communication with the consultant,” she said
“That’s two. Keep going,” Mr Thomas said.
“When I reassessed Jack, I was falsely reassured because he was alert, drinking from a beaker, responding to voice, pushing his mask away because he didn’t want it on his face,” she replied. She added: “I should not have relied on the nurses to get back to me with the clinical deterioration as I normally do.” She should have looked at the nursing chart, she said.
“That’s three. Number four?”
“I underestimated the severity of his illness,” Dr Bawa-Garba said.
“Number five?”
“On the reflection I did following this incident, those were the points that I looked at,” she said.
The next day was spent exploring all the points in detail. Dr Bawa-Garba continued to describe where she should have done better.
Dr Cusack says the use of her reflections made by the prosecution has made doctors fearful about admitting their errors. “All doctors are expected to regularly reflect honestly and openly on their practice to improve patient care,” he says.
At the end of the trial, the judge summed up the case to the jury. The prosecution relied on the fact she ignored “obvious clinical findings and symptoms”; did not review Jack’s X-ray and give antibiotics early enough; failed to obtain the morning blood test results early enough and act on the abnormalities they showed; and failed to make proper clinical notes.
The judge told the jury they could only convict the health professionals in front of them if they were negligent and that their negligence significantly contributed to Jack’s death or its timing. The negligence had to be gross or severe, he said – what they did or didn’t do had to be truly, exceptionally bad.
He said they should set aside any criticisms or feelings towards others involved in Jack’s care. They had to consider the circumstances within which the defendants were working when considering if they were guilty.
On 4 November 2015, the jury found Dr Bawa-Garba guilty. She was led away in handcuffs to a cell while her team worked out her bail conditions.
“I sat in that small room and prayed,” she says.
Then she asked for a pen to write. After initially being denied one, in case she harmed herself, she was given a pen outside the cell.
“I remember writing and writing until the ink ran out in the pen,” she says. “I had two very young children – my oldest is severely autistic and goes to a special needs school. So I made plans that if I was to go to prison he would have to go out and live with my mother in Nigeria.”
For the Adcocks it was the day they had been waiting for. “For a split second you think, ‘Yes, we’ve got justice for our son’s death,’” says Mrs Adcock.
Dr Bawa-Garba spent the next six weeks trying to plan for every scenario. She returned to court in December for sentencing. She had brought a rucksack with her in case she was sent to prison.
“I remember on the morning of the sentencing telling my parents that I didn’t want them there in the court in Nottingham,” she says.
“I didn’t want my dad to see me being taken away in handcuffs. But he just started sobbing on that morning because I wouldn’t let him come to court with me.”
Dr Bawa-Garba was given a two-year suspended sentence. Nurse Isabel Amaro received the same sentence. Ward sister Theresa Taylor had been found not guilty.
Dr Bawa Garba applied for leave to appeal against her conviction, but this was denied in November 2016.
At the heart of this story is the tragic death of a much-loved little boy and the loss felt by the family. But there’s been a much wider impact too.
In 2017, the General Medical Council’s tribunal service suspended Dr Bawa-Garba for a year. They said that while her actions fell “far below the standards expected of a competent doctor”, they had taken into account other factors.
These included that fact she had learnt from her errors; had an unblemished record before and after Jack Adcock’s death; and the system failures at the Leicester Royal Infirmary.
The tribunal’s decision angered Mrs Adcock.
“How can somebody make that many mistakes, be found guilty by a jury and be able to practise again? It doesn’t give the public any faith in the NHS,” she says.
“If you walked into a hospital and saw that doctor, would you be happy for her to treat your child?”
So Mrs Adcock approached the GMC to see if she could appeal. She set up an online petition, with thousands of people pledging support.
Charlie Massey, chief executive of the GMC, says that after receiving legal advice the GMC applied to the High Court to overturn the decision made by its own tribunal.
He denies being influenced by the Adcocks’ petition, and says the GMC acted out of the need to protect public confidence in the profession, given the seriousness of the conviction.
Dr Bawa-Garba was struck off in January 2018, meaning that she could no longer practise medicine in the UK.
“The best way to protect patients is by supporting doctors. But we are also a regulator, and sometimes we have to make tough and unpopular decisions,” Charlie Massey says.
The decision has certainly been unpopular among the medical profession. Dr Bawa-Garba’s striking off caused outrage, and led to allegations that she had become a scapegoat for a failing and unsafe NHS.
A social media storm ensued, accompanied by the hashtag “#IamHadiza”, with doctors wearing T-shirts and badges in her support.
One said: “An overworked and under-supported doctor was thrown under the bus by the GMC.”
“Drs working flat out in a broken and unsafe system,” said another.
“Huge solidarity with this doctor who could be any one of us NHS doctors working in an overstretched, purposefully underfunded and dangerously understaffed service,” added another.
For Dr Hsu, the outcry from around the country suggested that what he had seen at Leicester was widespread across the NHS.
A crowdfunding campaign also got under way to enable Dr Bawa-Garba get another legal opinion. It raised over £360,000 in about a month with contributions from around 180 countries.
Dr Chris Day, a junior doctor and one of the people behind the crowdfunding, says he was overwhelmed by the response.
“I think people want to know how it was possible that a junior doctor could get convicted for gross negligence manslaughter, going about her duties as a junior doctor – and when there were so many systemic factors at play,” he says.
After Dr Bawa-Garba was struck off, The British Association of Physicians of Indian Origin, an organisation that aims to promote diversity and equality, has expressed concerns that healthcare workers from BAME groups are disproportionately referred to their respective regulators. They have written to the GMC.
Indeed, one official review concluded that BAME groups are also disproportionately prosecuted for gross negligence manslaughter – although it only looked at a small number of cases.
The GMC’s Charlie Massey says he understands these concerns. He says that nearly twice as many black and minority ethnic doctors are referred to the GMC by their employer than white doctors.
“And that’s important, because the vast majority of referrals that come to us from employers, do result in investigations, whereas it’s a minority of complaints that are made to us by the public,” he says. A review is underway to look at the disproportionate referral rate.
Others in the medical profession have found different ways of registering a protest.
One group of doctors tore up their GMC registration certificates in front of its headquarters in London and others took themselves off the register completely.
Dr Peter Wilmshurst, a Midlands-based cardiologist, wrote to the GMC to ask them to investigate him. All doctors make mistakes and that is understandably scary for patients, he says.
“I’ve made clinical mistakes including delayed diagnosis and errors in treatment. Some sick patients died. I suspect that many would have died anyway but in some cases my errors are likely to have contributed to poor outcomes and some patient deaths,” he says.
“I therefore feel obliged to ask the GMC to investigate my clinical practice over the last 40 years to see whether I should be struck off the medical register.”
But Mrs Adcock says the doctors are mistaken in their interpretation of what happened. “The reason the doctors are doing what they’re doing, they’re scared for themselves. I understand that because they’re thinking if we make an honest mistake we’re going to be charged. That isn’t the case. They need to look at the number of errors that doctor made on the day for the judge to say ‘truly exceptionally bad’,” she says.
In 2013, Professor Don Berwick MD, president of the Institute for Healthcare Improvement in the US, was asked by the then prime minister, David Cameron, to advise about how to improve patient safety in the NHS following the Mid Staffs scandal. His report made a raft of recommendations including moving away from blaming an individual to looking to learn from errors.
“We said if there’s fear in the system people are frightened about identifying hazards, about speaking up when they make a mistake about speaking up when something goes wrong then how could it ever get safer?” he says.
“You could fire everybody, punish everybody and put in an entirely new workforce, you will have the same injuries and the same errors occur again unless you’ve actually changed the systems of work,” he adds.
He says that when there’s been a serious tragedy families are understandably angry.
“We have to help them understand what happened, to be open about what happened, to apologise for what happened,” he says.
But he says he has sympathy for Dr Bawa-Garba.
“Even though she made mistakes she was trapped – she was trapped in a set of circumstances which set her up for failure.”
Dr Bawa-Garba has been on a long journey. The story began in an overstretched hospital in February 2011 when she was 34. She was charged with manslaughter in December 2014 and convicted in November the following year. She was struck off the medical register in January this year. And on Monday she was reinstated to the medical register by the Court of Appeal.
The judges ruled that Dr Bawa-Garba’s actions had been neither deliberate nor reckless and she should not have been struck off.
The GMC has accepted the judgement.
“The lessons that I’ve learnt will live with me forever. I welcome the verdict because for me that’s an opportunity to do something that I’ve dedicated my life to doing, which is medicine. But I wanted to pay tribute and remember Jack Adcock, a wonderful little boy who started this story,” Dr Bawa-Garba said.
“My hope is that lessons learnt from this case will translate into better working conditions for junior doctors, better recognition of sepsis, and factors in place that will improve patient safety.”
Source: bbc.com
Hadiza Bawa Garba: Struck off for honest mistakes (1) By Deborah Cohen
The inside story of the death of a six-year-old boy in UK hospital – and the Nigerian-born doctor who took the blame
When a junior doctor was convicted of manslaughter and struck off the medical register for her role in the death of six-year-old Jack Adcock, shockwaves reverberated through the medical profession.
Many doctors have argued that Dr Hadiza Bawa-Garba was unfairly punished for mistakes she made while working in an overstretched and under-resourced NHS – and on Monday the Court of Appeal ruled she should not have been struck off.
With access to full trial transcripts, witness statements and internal hospital inquiries, Panorama talks to Dr Bawa-Garba and to the parents of Jack Adcock in order to tell the story in detail.
Jack Adcock wasn’t himself when he returned from school.
He later started vomiting and had diarrhoea, which continued through the night.
In the morning Jack was taken to the GP by his mother, Nicola, and referred directly to Leicester Royal Infirmary’s children’s assessment unit (CAU).
Less than 12 hours later he was dead.
“Losing a child is the most horrendous thing ever. But to lose a child in the way we lost Jack – we should never have lost him,” Mrs Adcock says.
At 8.30, trainee doctor Hadiza Bawa-Garba arrived at work expecting to be on the general paediatrics ward – the ward she’d been on all week.
She had only recently returned to work after having her first baby. Before her 13 months’ maternity leave, she had been working in community paediatrics, treating children with chronic illnesses and behavioural problems.
But when medical staff gathered to discuss the day’s work, they were told someone was needed to cover the CAU – the doctor supposed to be doing it was on a course. And Dr Bawa-Garba volunteered to step in.
She also carried the bleep – which alerts the doctor that a patient needs seeing urgently on the wards or in the Accident and Emergency unit, across four floors of the busy Leicester Royal Infirmary – and was required to respond to calls from midwives, other doctors or parents.
Soon after Dr Bawa-Garba took over, the bleep went off – a child down in the accident and emergency unit, several floors below, needed urgent attention and she missed the rest of the morning handover.
Back in the CAU at 10.30, Dr Bawa-Garba was asked to see Jack Adcock by the nurse in charge, Sister Theresa Taylor, who was worried he had looked very sick when he had been admitted.
She was the only staff nurse that day. Because of staff shortages, two of the three CAU nurses were from an agency and not allowed to perform many nursing procedures.
“Jack was really lethargic, very sleepy. He wasn’t really very with it,” says Mrs Adcock. She told medical staff he had been up all night with diarrhoea and sickness.
The boy’s hands and feet were cold and had a blue-grey tinge. He also had a cough.
I knew that I had to get a line in him quickly to get some bloods and also give him some fluids to rehydrate him,” says Dr Bawa-Garba. He didn’t flinch when she put his cannula in.
Because of a pre-existing heart condition, Jack had been taking enalapril – a drug to control his blood pressure and help pump blood around his body – twice a day.
But Dr Bawa-Garba says she didn’t want him to have the enalapril, because he was dehydrated and it might have made his blood pressure drop too much.
Because of this, she says, she left it off his drug chart.
She then asked for an X-ray to check Jack’s chest. Blood was taken – some was sent down to the labs, while a quicker test was done to measure his blood acidity and lactate levels – the latter being a measure of how much oxygen is reaching the tissues. The tests revealed his blood was too acidic.
“A normal pH is 7.34 – but Jack’s was seven and his lactate was also very high. A normal is about two and his was 11, so I knew then he was very unwell,” Dr Bawa-Garba says. She gave him a large boost of fluid – a bolus – to resuscitate him.
Her working diagnosis was gastroenteritis and dehydration.
But she didn’t consider that Jack might have had a more serious condition. It was a mistake she regrets to this day.
Jack had been admitted under the care of Dr Stephen O’Riordan, the consultant who was supposed to be in charge that day – but he hadn’t realised he was on call and had double-booked himself with teaching commitments in Warwick and hadn’t arrived at work.
Another consultant based elsewhere in the hospital had said she was available to help and cover him if needed – although she had her own duties.
After an hour of being on fluids to rehydrate him, Jack seemed to be responding well.
“He was a little more alert and we thought he was getting better,” Mrs Adcock says.
Dr Bawa-Garba thought that too.
One of the less experienced doctors in the unit had been unable to do Jack’s next blood tests. They had tried but couldn’t get blood, so Dr Bawa-Garba went to do it herself.
This time, when Dr Bawa-Garba went to take blood from his finger, Jack resisted, pulling away.
“That kind of response, to me, said that he was responding to the bolus,” she says. “Also, the result I got showed that the pH had gone from seven to 7.24. In my mind I’m thinking this is going the right way.”
However, not enough blood had been taken to get another lactate measurement.
Dr Bawa-Garba looked for Jack’s blood results from the lab. She had fast-tracked them an hour-and-a-half earlier. But when she went to view them on the computer system, it had gone down.
The whole hospital was affected. This meant not only that blood test results were delayed, but also that the alert system designed to flag up abnormal results on computer screens was out of action.
She asked one of the doctors in her team to chase up the results for her patients, and took on some of that doctor’s tasks.
Those tests would have indicated that Jack may have had kidney failure and that he needed antibiotics.
By this point, Jack was sitting up in the bed drinking juice.
“I automatically thought he was perking up,” says Victor, Jack’s father.
Because he had stopped vomiting, Dr Bawa-Garba prescribed some Dioralyte – rehydrating salts.
But the fluid he was losing from having diarrhoea had not been documented by his nurse.
Dr Bawa-Garba also reviewed Jack’s X-ray, which had been ready for a few hours. Dr Bawa-Garba says no-one had flagged it was available.
She says she had been busy with other patients – including a baby with sepsis that needed a lumbar puncture – and this was the first opportunity she had had to review it.
The X-ray showed that Jack had a chest infection so she prescribed antibiotics.
But Dr Bawa-Garba says she wishes she had given him antibiotics sooner.
This was the last time Dr Bawa-Garba treated Jack, who was also being cared for by an agency nurse. The nurse was doing his observations – including his temperature, heart rate and blood pressure – but did not record them regularly.
Consultant Dr Stephen O’Riordan arrived at the hospital.
“I hadn’t worked with him before, so I introduced myself,” Dr Bawa-Garba says.
She then went to chase up Jack’s blood results, which still hadn’t come through – the doctor she had assigned to do it hadn’t managed to get them.
Dr Bawa-Garba tried a number of extensions before managing to speak to someone. They read out Jack’s results and she noted them down. She says she was looking out for one particular test result called CRP, which would confirm whether Jack’s illness had been caused by bacteria or a virus.
She noted it was 97, far higher than it should have been, so she circled it. But she says she was concentrating so much on the CRP that she failed to register that his creatinine and urea were also high – signalling possible kidney failure.
During the afternoon handover, Dr Bawa-Garba told Dr O’Riordan about Jack – his diarrhoea and vomiting, heart condition, and enalapril medication. She says she told him Jack’s lactate level was 11, and mentioned some of the other blood test results. She said she had started him on antibiotics for a chest infection, and asked his advice about the fluids Jack was being given.
She says Dr O’Riordan noted down what she said and ordered repeat blood tests. Dr Bawa-Garba says she had assumed he would go to see Jack – based on the description she had given and the fact he had asked for further tests – but he didn’t.
By this time, Jack had been moved to ward 28 under the care of a different team. On his way up there, he had been sick again.
It was at this point that another failing in Jack’s care occurred.
Mrs Adcock says she asked a nurse looking after Jack on that ward if she could give him his enalapril – the medication to regulate his blood pressure. He was due his second dose of the day.
She recalls the nurse telling her she’d checked with another doctor on duty.
Mrs Adcock says she was told the nurse wouldn’t be able to give the medication to Jack, as it had not been prescribed, but his mother could. So Mrs Adcock gave it to him.
The nurse later said she had also asked for a doctor to come to see Jack.
“We’d got Toy Story on but he was still knocking his oxygen mask off,” Mrs Adcock says.
“I was just saying, ‘Come on sweetheart go to sleep,’ and I was rubbing his face. I’ll never forget – he closed his eyes and I thought something’s not quite right. His tongue, or his lips, looked blue. I ran out of the room, saying, ‘Can someone come and look at Jack?’”
Dr Bawa-Garba had been on call for more than 12 hours when an emergency call went out for a patient who had suffered a cardiac arrest on ward 28 and doctors and nurses rushed to help.
In the morning, Dr Bawa-Garba had had to intervene to stop doctors from trying to resuscitate a terminally ill boy who had a “do not resuscitate” order.
She assumed it was the same boy. What she didn’t know was that Jack had subsequently been moved to the same ward as the boy who had crashed in the morning – ward 28.
A terrible confusion was about to follow.
“While we’re running up the stairs, all I was thinking is, ‘It’s the child with the do-not-resuscitate again – that someone is trying to resuscitate. This is a mistake,’” she says.
When she reached the fourth floor, at least 11 people were already in the side room, she says.
Meanwhile, Nicola Adcock was waiting outside the room. In that moment, Dr Bawa-Garba didn’t recognise her. She says:
I walk in and say, ‘He’s not for resuscitation,’ because I thought it was the child with the ‘do not resuscitate’ order.”
Dr Bawa-Garba says she was then told by another doctor that the patient was not the same boy as earlier – but was Jack Adcock.
“I was shocked and I was like, ‘Why is Jack crashing?’” she says.
She told the team to continue the resuscitation.
“I remember going hysterical and just thinking, you know, ‘Please look after my little boy,’” says Mrs Adcock. “And then I remember somebody taking me back into the room and telling me, ‘Jack needs his mummy.’”
At 21:21 the decision was made to stop resuscitation. Jack had died of sepsis. Experts later said the interruption to the resuscitation had not contributed to his death – but he shouldn’t have been given enalapril and he should have been given antibiotics much earlier.
At the Adcocks’ home in Glen Parva, a suburb of Leicester, Jack’s sister Ruby has moved into his old room. His has been recreated in the room she vacated. Stars featuring handwritten messages from Jack’s schoolmates, saying how much they will miss him and his cheeky laugh, adorn the navy blue walls of the replica bedroom.
“It’s my way of coping,” says Mrs Adcock. She says she has yet to grieve.
The investigations, court proceedings, and appeals have taken a toll on the family.
“I blame Dr Hadiza Bawa-Garba for my son’s death and I will never, ever, ever, ever forgive her.”
She describes Jack as a “joyful little boy” and says he and his younger sister, Ruby, adored each other.
Jack used to love dancing, swimming and going to watch Leicester City football team, says his father, even though he had been in and out of hospital during his short life.
“We were season ticket holders but since that happened [Jack’s death] I haven’t been able to go,” he says. “I can’t face it.”
The night Jack died, Mr and Mrs Adcock were taken into a room off the ward, where they were met by doctors they’d never seen before.
“We were told, ‘I’m really sorry but your son’s passed away,” says Mrs Adcock. “It just didn’t sink in.” She remembers them saying he had had pneumonia and an internal bleed.
She asked to see her son. The last time she had seen him, he had been asleep and had looked peaceful. “He had no tubes, he had nothing,” she says.
This time, “there was blood – I just couldn’t believe it was him, my baby, gone”.
Everyone on the ward was crying, she says, including Dr Bawa-Garba, who was sobbing. “Nobody expected Jack would die.”
The doctor came over to express her condolences and Mrs Adcock thanked her for looking after Jack.
“I wish I could take those words away. I never knew then what I know now,” she says.
The following day, Saturday, the family was invited back to the hospital to meet a group of doctors, nurses and managers from the trust to discuss what had happened.
Minutes taken by one of Mrs Adcock’s friends from university, whom the family had invited to the meeting, give an indication of what was discussed.
The hospital representatives apologised for the boy’s death and said they would investigate.
“They said he just wasn’t looked after; he didn’t have the right support; he wasn’t given the right care,” Mrs Adcock says. She wanted to know about the interrupted resuscitation and so they talked about that too.
The family was also told that a junior doctor had failed to recognise the severity of Jack’s condition, according to the minutes.
The police then arrived – there was to be an investigation after the unexpected death of the child.
“I remember being absolutely terrified, thinking, ‘I haven’t done anything, why are the police here?’” Mrs Adcock says.
After Jack’s post-mortem examination, two days later, the family was told that he had died of a streptococcal infection and had developed sepsis and they could make plans for his funeral.
“Everything was in place. There was an article going in the paper on the Friday to say when his funeral was going to be,” Mrs Adcock says.
But then they were asked to cancel their plans and meet the police at the coroner’s office to discuss an inquest.
“As you can imagine at that point, we felt physically sick – the anger raged. We just could not believe what we were hearing, so automatically we said, ‘So you’re telling us someone’s responsible for our son’s death?’” Mrs Adcock says.
There was then a second post-mortem examination in case criminal proceedings were opened.
“It took three months to get my little boy back, to be able to lay him to rest,” Mrs Adcock says.
Not a day goes past, Dr Bawa-Garba says, when she doesn’t think about the day Jack died.
“I am sorry for not recognising sepsis and I am sorry for my role in what happened to Jack.”
The 41-year-old mother of three says the impact on her and her family has been huge.
She has had to move house and unpleasant material was posted on social media.
Friday, 2 July 2021
NDDC: New board to implement outcome of forensic audit – Akpabio By Chris Ochayi
The recommendations and outcome of the ongoing forensic audit of the activities of Niger Delta Development Commission, NDDC, would be implemented by the new board to be inaugurated soon, the Minister of Niger Delta Affairs, Senator Godswill Akpabio has said.
Senator Akpabio said the report of the audit exercise upon conclusion, would be handed over to President zMuhammadu Buhari.
The Minister, who spoke while appearing on a live Radio Nigeria Audience participatory programme organized as part of the activities marking the second term of the Buhari Administration at the Radio House in Abuja., assured that implementation of the outcome of the forensic audit would reposition the NDDC for effective service delivery in the region.
According to him, ”People are commending Mr. President for the efforts, the delay notwithstanding, when the exercise is completed, NDDC cannot be the same again. We have solid Forensic Auditors, one of them in the Head office is international, Ernest & Young,.
”We have also mandated them to come up with an organogram that could make the Niger Delta Development Commission (NDDC) a bankable institution, for example, they could go to any international institution and get money and be able to do major projects to change the lives of the people of the region”.
The Minister recalled that the Forensic Auditors were inaugurated to scrutinize the activities of the NDDC that was mired in allegation of mind boggling corruption in order to change the narrative of the region.
“This is in line with the presidential directive for a holistic examination and review of the operations of the NDDC from inception in 2009 to 2019 to ascertain the exact status of all contracts for projects and services as classified into completed, uncompleted, abandoned, ongoing and facilities that can be managed to be salvaged and whether appropriations made to the Commission is commiserate with developments on ground’ he stated.
He noted that due to lack of budgetary provision, Mr. President, in July 2020, opted that the Forensic Audit should be funded through the budget of the Presidency and presently the exercise is on course and it is expected that the Forensic Audit would be concluded and submitted to the President by July 2021.
In pursuance of the mandate and commitment of the Federal Government to the development of the Niger Delta Region, the supervision of the Commission was assigned to the Ministry for administrative efficiency which brought about the commissioning of the completed NDDC Headquarters after being abandoned for over 19 years. For the first time a Minister visited the NDDC Headquarters that was started in 1996 by OMPADEC and abandoned over the years, today it is completed and commissioned”, the Minister said.
In the area of peace presently enjoyed in the region, Akpabio stated that the Federal Government has constantly and consistently engaged stakeholders to ensure relative peace in the region.
“Buhari’s Administration has done a lot not just for Niger Delta alone but for the whole Country, in the perspective of the Niger Delta Region to keep the Ministry afloat within these years, we’ve had major engagements with stakeholders in the region, we meet with traditional rulers, youths and others to ensure that peace is sustained in the region”.
The immediate past Governor of Akwa Ibom State noted that, ”Buhari’s government has undertaken major projects abandoned by the previous administration which include the East- West Road that starts from the central part of Warri and transverses at least five states of the Niger Delta region in order to alleviate the sufferings of the people and enhance economic activities within and outside the region.
He stressed that “Mr. President in his wisdom redirected that the project be handed over to my Ministry to continue and as l speak, work is going on at a consistent pace and l believe strongly that the projection of 1st and 2nd quarter of next year for the commissioning of the first phase of Section 1-4 that is from Warri to Oron should be ready to be used by the people of Niger Delta Region would be achieved”.
Continuing, he said “l know we also have challenges at the Eleme junction where one of the bridges not originally contemplated collapsed but we are trying to see what we can do to intervene in that area”.
He reiterated the commitment of the Federal Government to addressing the infrastructure deficiency, social economic challenges, poverty, environmental degradation and pollution that characterized the region for years to assuage the living condition of the people of Niger Delta region.
Vanguard News Nigeria
Seven in race for APC national chairman
Deputy Editor EMMANUEL OLADESU writes on the All Progressives Congress (APC) national chairmanship race and chances of the aspirants at the convention.
Seven are in the race for now. More may still join. Few may also withdraw along the line. But, the All Progressives Congress (APC) convention itself has remained elusive.
Although the unelected National Caretaker Committee, led by Yobe State Governor Mai Mala Buni, has unfolded plans for ward, local government and state congresses, the fate of the national congress is hanging in the balance.
What actually is delaying the convention?
Reminiscent of how Military President Ibrahim Babangida was postponing the handover date, tinkering with the transition programme and changing the goal post amid the game,the tenure of the Buni Committee had been extended thrice. The latest extention of the tenure of the interim committee is worrisome as it is indefinite. This has fuelled speculations about an inexplicable hidden agenda.
The chairmanship aspirants, nevertheless, rely on hope, the elixir of life. The seven are from the North. This may give a vague idea of imminent rotation or zoning, both of the chairmanship and the presidency.
Former Nasarawa State Governor Tanko Almakura has not publicly declared his intention. But, party sources said the chieftain of the defunct Congress for Progressive Change (CPC) is a strong contender. A source said:”The president is always a fan of his old allies.” It could not be ascertained whether he will also emerge as the candidate of the APC Governors’ Forum.
Fifty five year old Senator Sani Musa, who hails from Paikoro in Niger State, has embarked on extensive consultation and mobilisation. A loyal party man, Musa has been described as a man of integrity. He is a one-time governorship contender in Niger State, a delegate to the National Convention, and a member of the APC Presidential Election Campaign Committee for 2019.
The senator had canvassed the revolution of the electoral system through the use of the card reader and Permanent Voter’s Card. Many have described him as a bridge builder who possess high inter-personal skills.
In the Senate, he had served on some committees, including Appropriation, Petroleum Resources, Foreign and Local Debts and Water Resources. In the APC, he had served as member of NEC, Contact and Strategic Committee, and Constitution Review Panel.
In 2015, he was arrested, but refused to divulge any confidential information on the card reader. The Business Administration graduate from Ahmadu Bello University, Zaria, where he was the President of Zodiac, served as Special Adviser on Investment and Infrastructure in Niger State; director of Niger State Development Company Limited, Chairman, Task Force on Environmental Management and Managing Director, First Pacific Nigeria Limited. He also obtained a Certificate in Conflict Analysis from the United States Institute of Peace. Musa is held in esteem in the senate as an organised, dedicated, passionate and hardworking politician. He is said to be goal oriented, focussed and patriotic.
Former Nasarawa State Governor Abdullahi Adamu is a party elder endowed with experience. He is a no-nonsense politician. He knows his onions. After serving as governor for eight years, he was elected senator. In 2007, he was a presidential aspirant on the platform of the Peoples Democratic Party (PDP).
Another aspirant is the eminent politician from Gombe State, former Governor Danjuma Goje, former Minister of State for Steel Development and now, senator. He is also a former PDP chieftain; bold and fearless.
Former Borno State Governor Modu Sheriff served as a senator before becoming governor in 2003. He served for two terms. He defected from the APC to PDP, where he was briefly the national chairman. There were allegations that he wanted to use the position as a stepping stone to the realisation of his presidential ambition. When he was shoved aside as chairman, Senator Ahmed Makarfi became the PDP caretaker chairman. Some months ago, Sheriff retraced his steps to the APC.
Mohammed Mustapha hails from Gambari District in the Ilorin East local government area of Kwara State. He is 48 years old.
He has distinguished himself in business, politics and humanitarian services. He founded the Saliu Mustapha Foundation to serve as a platform for human empowerment and community development.
Mustapha is a former deputy national chairman of CPC. He played a role in the merger of the CPC with other tendencies that gave birth to the APC. He was a signatory to the merger agreement on behalf of the CPC in the coalition. Before he became the deputy chairman of the CPC, he had served as an Ex-Officio and a foundation NEC member of the party.
He was the National Publicity Secretary of the Progressive Liberation Party (PLP) between 2001 and 2002 under the leadership of Dr. Ezekiel Ezeogwu. In 2003, Mustapha and other like-minds formed the Progressive Action Congress (PAC). He was the National Publicity Secretary of the party. He was a member of The Buhari Organisation (TBO) and the Buhari Campaign Organisation (BCO).
APC is in a dilemma. Consensus building appears difficult. There are internal contradictions. There are divisions. Can these pave the way for a peaceful convention?
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