Tuesday, 13 May 2008

British Medical Association. Accusing Whistleblowers of being a " Pain in the Backside"

The transcript by Liam Donaldson details the Conference the BMA had sometime ago on whisteblowing. Rumours flew around the medical profession about how a number of whistleblowers demanded answers from the panel as to why their careers were in tatters.

The infamous BMA ethics team wrote a piece on whistle blowing in the BMJ called " would you blow the whistle". When Harold Shipman happened Mr Ian Bogle of the BMA told the BBC the following "It is important that the government and the medical profession move quickly to reassure the public about the high quality of care delivered by the vast majority of doctors in this country". The BMA in solidarity for Shipman cared so much for him that they nearly jeopardised his trial so he could be let off. The association, which represents the majority of UK doctors, sent out letters and e-mails to members containing details of Shipman's previous criminal convictions. These were details which had been kept secret from the jury.

Infact, Dr Shipman was shown more sympathy.

Recalling the BMA in November 1998 is a painful episode. As a young junior PRHO [ F1 these days], I rang them from the wards, rang them from the doctor's mess, rang them from MAU and they never returned my calls for weeks on end. The BMA has the large list of calls that were never returned. Time for me was running out at the time and I had to think on my feet. My advisor was a hopeless lady called Rox Kosar who had serious problems with reality. BMA Birmingham was as ineffective as BMA London. They simply didn't care. Later in life, I obtained the internal documentation to this episode to see what they had written. In those days, prior to November 1998, I was not a trouble maker, I had never asked for their services and I had never contacted them. It was the first time I had asked for assistance. Some say that the repurcussions subsequently were due to the fact that the BMA failed to effectively represent me. Essentially therefore I had to get myself out of the pit of vipers. I did of course manage it but I was always of the view that life would have been different had the BMA protected my rights.


The BMA was then quoted for its "special interest in human rights".


The very naive article on whistleblowing was written in the Student BMJ . To quote the article, "Read the GMC's advice on dealing with poorly performing colleagues (although whistleblowing often involves concerns about system failures or non-medical staff, rather than individual doctors). It's also important to contact a defence union, lawyer, or the BMA for advice" . What we should do here is discuss the reaction of the British Medical Association when a whistleblower does raise concerns. With the blessings of the arch useless organisation Public Concern at Work, the BMJ published yet more articles to put more doctors into hot water. The article was called " Whistleblowing safely".

There is no such thing as "safe whistleblowing". It is a figment of imagination of those who have never whistleblown.

Anyone can obtain their data from the BMA under the Data Protection Act 1998. For more information, view the Information Commissioner's website .


The quotes are from my file.

1. The BMA refused me representation because it decided to represent one of my consultants

2. The BMA had no idea about whistleblowers.

3. The BMA were ineffective

4. The BMA failed to return most of my phonecalls.

5. The problems at work in North Staffs NHS Trust escalated due to the inability of the BMA to control the situation.

6. I was advised that no PRHO could bring legal action against a trust. I later discovered from further legal advice that they had lied. By then, the claim was out of time.

Here are some choice comments from their own computer records.

Membership number at the time 7512239 Dr Rita Pal

16.11.1998 " Dr Pal came in to see at 11 and discussed probs at N Staffs. Wld like me to deal with matter on her behalf and with Trust" ( Rox Kozar)


28.11.1998 " There is a formal investigation being held into "needlestick injury". The Trust is going back on their word"


28.11.1998 " Cleaner has needlestick injury and made a formal complaint. Two investigations will be taking place. MPS has stated wil not provide representation. Dr P wants me to ring Annette Stevens stating that she wants transfer or will resign. Had stated that Dr P comes back for 5 days and the will organise transfer. Tomorrow is last day.


14.12.1998 " Sorry Rox, took this call a little while ago, so Dr Pal may have already called you back and go through. Says she has been ringing since last week, ad is returning a call.


14.1.1999 " Has been trying to speak to Rox for sometime Re informaion faxed to her on 30.11.98. Said sent Rox a statement regarding problems she had which was also copied to her PG tutor Re post she resigned from last year as HO at City General. Wants to know legal standing on issues raised-said she would get back her ( or Rona would once had found file - I knew nothing about the case ( Jenny Cavalot)


19.1. 1999 " She wants proper legal advice and assistance in respect of the Trusts dealing on this matter. This sounds like a potential constructive dismissal claim although I did not raise this with her. She is a difficult member, complained of lack of advice from and support from the BMA. "( Gary Tobin)


21.1.1999 " Advised that Rona Miller CD not deal with this issue as potential conflict of interest. Therefore as Dr P does not want RK, to deal with it I hope to confirm tomorrow whether DM in Manchester can deal with it or alternatively MAP. She will not wait, wants advice now as meeting with consultant tomorrow and BMA have done nothing for months ( Gary Tobin)


26.1.1999 " MAP telephone Dr Pal on 21.1.1999. Lengthy conversation with Dr Pal. House officer at North Staffordshire Hospital NHS Trust. Got a problem concerning H and S regarding disposal of needles. A cleaner pricked herslef. Investigation both by Trust and by HSE. Additionally complained about lack of supervision, lack of staff, lack of support and difficult working conditions. Requested transfer. Eventually resigned. Now a PRHO in General Practice. Appears to have made herself most unpopular with the Trust. Has no right to claim unfair dismissal because she has only worked worked for a few months.


"This seems to be on the basis of the conversation with Dr Pal to be a genuine case of a young doctor who should be protected for sticking up for her rights or in the alternative perhaps she is genuinely a pain in the backside- impossible to judge at the moment"( Sally McGranaghan BMA)


4.4.2000 Member has now resigned

The above shows a serious failures in the British Medical Association in dealing with junior doctors. Between November 1998- January 1998 when the matter escalated, all the BMA could do was talk about me behind my back when they should have hired a legal advisor and obtained good advice about the problems I found myself in. They didn't. I resigned in protest and have never gone back. During the years, the BMA have sent me circulars to persuade me back into the union but I have refused. The BMA is overrated and their behaviour concerning me is unforgivable. The same behaviour is exhibited in their inept representation of MMC doctors. I did not pay the BMA for it to make judgmental opinions regarding my persona. I paid them to protect my rights. They failed to do so. It is unfit to practise as a trade union for doctors. It has proved itself ineffective for many years now.

In summary, the treatment meted out for Harold Shipman was far better than that meted out on me.


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