Beyond Bawa-Garba: The approach of disciplinary bodies to medical error

This article examines the development of sanctioning practices by disciplinary bodies in the United Kingdom in response to medical error using the Bawa-Garba case as a benchmark for analysing reform. It combines statistical analysis of General Medical Council (GMC) and Medical Practitioners Tribunal Service (MPTS) sanctioning data from 2019 to 2024 with qualitative case studies to identify changes in regulatory responses after Bawa-Garba , including a reduction in investigations but an increase in the severity and probability of sanctions when cases proceed. By analysing selected MPTS decisions related to clinical failings, the study highlights an increased focus on contextualised culpability, remediation, and the systemic factors contributing to errors rather than outcome. The article draws on Merry and Brookbanks’ error/violation framework aswell as Cribb, O’Hara and Waring’s justice typology, to advocate for a ‘qualified blame’ approach to medical error as an alternative to retributive or ‘no blame’ approaches. This approach, focused on contextualising errors, promotes openness, learning, and continuous improvement in patient safety thereby contributing to the development of a ‘just culture’.