To Have And Have Not - How to Blow a Whistle!
Dr Otto Chan is an amazing man. He is also a whistleblower. I recently found this excellent article written by him on his website. It is accurate in all respects save that in my case I experienced no reduction in libido. Quite the reverse :) :) and I soon found other things to blow too! I cannot be blamed for following the advice given to all of us by NHS Direct. In all seriousness, a lot of people ask me about my coping strategies. I tend to believe that chocolate solves everything including winning against the GMC. I tend to always keep busy and play large amounts of music. The most important thing is to keep going because while the world is falling apart, there is always another devilishly handsome man across the horizon, another good cream cake and fabulous friends. I have a encyclopedic knowledge of film noir. The above movie is one of my favourites.There is essentially more to life than the NHS and its dysfunctional management systems. All you have to do is see it.
1) Suspension – The Trust will suspend you (normally just before you return to work from annual, professional or sick leave) without notice, in order to soften you up for what it is about to do to you. Suspension is of course a “neutral act”, have you ever heard such utter rubbish! (8). The aim is to isolate and seclude you from your friends and colleagues (its amazing how support melts away from whistleblowers – The Stigma of Whistleblowing) (9). The HR department then sets about a character assassination, typically alleging bullying and harassment, racism, sexual harassment, dysfunctional behaviour and that you are not a team player. This is followed by a “clipboard exercise” (synonymous for witch hunt) and trawls around the hospital for all and sundry who wish to put in a retrospective complaint. Finally, the Trust puts a statement of case to proceed with a disciplinary procedure (this is often the first time that you find out why you have been suspended and what allegations the Trust intends to use against you – again, do not be surprised by the list).
2) Disciplinary Procedures – The Trust decides what route it intends to use. It will usually the one that leads to your dismissal in the quickest and cheapest fashion, with the minimum of fuss, namely an Internal disciplinary procedure via a personal misconduct route, using a “kangaroo court”. Trusts, rarely invoke the correct procedures nor do they explain your rights and the other processes available. It is essential at this point that you get as many opinions as possible, before agreeing to the due process. DO NOT accept the advice from The BMA without at least also seeking legal advice. If it is a professional matter, which virtually ALL whistleblowing cases are, ask for an HC(90)9 disciplinary route (10), even if you don’t understand what you are saying. The Trust will respond by stating that you are not entitled to it, because this procedure no longer exists and even if it did, it no longer applies to you, as you have changed onto the new contract and are therefore not entitled to it. This is NOT true (11).
3) Personal – get prepared for the worse “no one has ever truly seen the meaning of hell, until they become a whistleblower.”(9). The HR department will make every effort to destroy you (by whatever means), leaving no stone unturned, to the point that even the strongest minded may start to doubt their own sanity!
4) General Health – generalised symptoms of loss of appetite, loss of weight and loss of libido are not uncommon. But significantly there are more specific symptoms, in particular GI problems with dyspepsia, frank ulceration etc.. and specific problems now documented, namely hypertension, arrhythmias, angina, MIs and death.(8)
5) Mental Health – the vast majority of doctors become psychologically severely traumatised by the whole experience, not least loss of self esteem, anxiety states, depression and many consider alcohol, drugs and eventually suicide as their only solution. Seek early help and forget about the stigma.
6) Family – the cumulative effect of all this leaves even the strongest families in tatters. It is ironic that many doctors do not realise this, because they are too preoccupied just defending themselves. Unfortunately separation and divorce are not uncommon.The procedure affects and scars not only partners and children, it also affects brothers, sisters and parents and occasionally fatalities occur within the family.
7) Finance – whistleblowing amounts to dismissal sooner or later and therefore before you embark on this rollercoaster adventure, make sure that you can afford to live with your principles. At least work out your finances and get a financial advisor to help you. You are likely to be referred to The GMC and therefore do not rely on your private practice nor on locums. In any event, most Consultants find that private practice disappears with whistleblowing.
The NHS is a monopoly employer and therefore if you are dismissed with notice or summarily dismissed for alleged gross misconduct, you are unlikely to find another job in The NHS. Furthermore, if you are referred to The GMC, as most doctors are, you will then find it well nigh impossible to get appointed anywhere in The UK. Once you get into this loop, it is a Catch 22 situation and difficult, if not impossible to escape. Even, if at the end of the day you escape with some sanity, history shows that Trusts will continue to pursue you with further allegations, so be careful!
It is disgraceful that whistleblowers who have raised legitimate concerns and tried to improve standards of care for NHS patients, should be in fear of persecution from NHS management. Doctors who support management in these cases should be ashamed of their actions and exposed by colleagues for their involvement.
“Behind progress, there is always an unreasonable man”
“Reasonable men adapt to their surroundings, unreasonable men change it”
References
1. Bristol Royal Infirmary inquiry. Learning from Bristol. Report of the public inquiry into children's heart surgery at the Bristol Royal Infirmary 1984-1995. London: HMSO, 2001. http://www.bristol-inquiry.org.uk/ (accessed 17 Dec 2003).
2. Department of Health. The Royal Liverpool Children's inquiry report. London: HMSO, 2001. http://www.doh.gov.uk/organretention/ (accessed 17 Dec 2003).
3. Public Interest Disclosure Act 1998. London: HMSO, 1998. www.hmso.gov.uk/acts/acts1998/19980023.htm (accessed 17 Dec 2003).
4. General Medical Council. Good medical practice. London: GMC, 2001. www.gmc-uk.org/standards/good.htm (accessed 17 Dec 2003).
5. Is whistleblowing working in the NHS? The evidence. London: Public Concern at Work, 2003. (Survey report.)
6. Everything you always wanted to know about whistleblowing but were afraid to ask . Robbie Coull
BMJ Career Focus 2004 328: 5-6. [Full Text]
7. Blowing the whistle—safely Ruth McGuire
BMJ Career Focus 2004 328: 7. [Full Text]
8. The suspension scandal : Peter J Tomlin Journal of Obstretics and Gynaecology Vol 23:number 3/May 2003
9. The Stigma of whistleblowing :rapid response by Rita Pal (3 February 2004).BMJ Career Focus 2004 328: 5-6. [Full Text]
10. Department of Health Circular for disciplinary procedures HC(90)9 Revised 2003
11. Gryf-Lowczowski ~v~ Hinchingbrooke Healthcare NHS Trust (2006)
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