Rewarding Whistleblowers. By Phil Hammond

This was a piece written in Private Eye recently. I hope my fellow bloggers opt to link to it. 
 
Rewarding Whistleblowers

Well done Channel 4 News and the Bureau of Investigative Journalism for their exposure of the widespread use of taxpayers’ money to silence NHS whistleblowers (Ch 4 news, 2.8.10). Many employment contracts still have gagging clauses and most doctors who invoke the Public Interest Disclosure Act (PIDA) to raise concerns about unsafe or fraudulent practice reach a settlement with their employer to prevent concerns being made public. Superficially, this smells of whistleblowers bottling it and taking the money, but when you look at the experience of those who refuse to be silenced, there’s no great incentive to do the right thing.

The NHS’s most famous whistleblower, Dr (now Professor) Stephen Bolsin, was praised in Parliament for raising concerns about standards of child heart surgery in Bristol nearly 20 years ago, and his actions were fully vindicated by a Public Inquiry. Yet he became unemployable in the NHS and relocated to Australia, where he continued his excellent work in monitoring clinical outcomes. Had Bolsin remained in the NHS, it is inconceivable that small units would have been allowed to continue operating and the Oxford heart scandal would have been avoided (Eye last).

If Andrew Lansley is genuine in his desire to support whistleblowers, he should consider formal recognition of Bolsin’s bravery. The Mid Staffs inquiry will doubtless show that staff were either too afraid to blow the whistle, or too easily silenced, despite the many avoidable deaths occurring around them. NHS whistleblowers are vulnerable and isolated, and have few role models. The public recognition of Bolsin’s legacy would go some way to making it acceptable to speak up.

For whistleblowers who want to go the distance, the best chance of being heard is to go to court. In the UK, any payouts tend to be swallowed up by legal expenses and loss of earnings. But in the US, whistleblowers are rewarded handsomely if they help the government bring a successful case. In May, the New England Journal of Medicine followed up 26 successful whistleblowers from the pharmaceutical industry 2. On average each received $3 million for speaking up, with the range going from $100,000 to $42 million. Last September, Pfizer paid $2.3 billion to settle allegations that they illegally marketed a painkiller, Bextra, which has now been withdrawn. A proportion of the settlement was divided between the 6 whistleblowers.

Whistleblowers are rarely motivated by money, and nearly all try to ‘go through the correct channels’ first before going public. And even a large payout is scant consolation for the emotional exhaustion and stress of speaking out. In May, an employment tribunal found that John Watkinson, a former chief executive of the Royal Cornwall NHS Trust, was sacked for blowing the whistle on the failure of the Trust and Strategic Health Authority to consult the public adequately before moving cancer services. An independent review has now agreed that public consultation was inadequate, but the Trust is appealing against the tribunal findings. They accept that Watkinson was unfairly dismissed but challenge that he was a whistleblower, wary off the unlimited damages that are supposed to be awarded to sacked whistleblowers under PIDA. In the meantime, Watkinson remains unemployed – and like Bolsin, probably unemployable in the NHS.

As well as publically recognizing whistleblowers, Lansley needs to place a statutory duty on all NHS employers to report all serious concerns about patient safety or fraud to the Care Quality Commission (CQC) and Monitor for investigation and publication. Gagging clauses, and attempts to buy the silence of public sector workers raising genuine concerns in the public interest, must be outlawed. Whether the CQC and Monitor have the independence, expertise and resources to deal with all the NHS’s dirty secrets remains to be seen, but the practice of damage limitation, either by paying off staff or ordering secret ‘independent’ inquiries that never see the light of day, must end.

1 www.steve-bolsin.com/

2 www.nejm.org/doi/full/10.1056/NEJMsr0912039

Cardinal Fang's Door Formally Known as the General Medical Council.

The above is the original door to the Spanish Inquisition based in Spain. Dr India sent this to me in line with my habit of parodying the GMC.Those who know the GMC will note the similarities to the Inquisition

"The inquisition was created through papal bull, Ad Abolendam, issued at the end of the 12th century by Pope Lucius III as a way to combat the Albigensian heresy in southern France. There were a huge number of tribunals of the Papal Inquisition in various European kingdoms during the Middle Ages. In the Kingdom of Aragon, a tribunal of the Papal Inquisition was established by the statute of Excommunicamus of Pope Gregory IX, in 1232, during the era of the Albigensian heresy. Its principal representative was Ramon de Penyafort. With time, its importance was diluted, and, by the middle of the 15th century, it was almost forgotten although still there according to the law"

The legend that is Monty Python has a better parody of the GMC :). Doctors who have faced allegations by the GMC will note a certain familiarity. The last attempt to extract a false confession was detailed by us here. Graham Archard, expert to the Spanish Inquisition demanded that this doctor be prosecuted for his beliefs about Vitamin D. Of course, when the research came out to support the doctor, everything went silent. Infact we can hear a pin drop. So I wonder what the expert [who frequently supports quack medicine] has to say for himself. The GMC will no doubt accept that they have been silly little dim boys for taking this issue up in the first place. I have never known a half crazed medical regulatory body who stoops low enough to trawl through the internet printing out posts and messages and then trying to fabricate a so called " expert" opinion. Perhaps its time for the expert to be investigated by the GMC :).

David Nicholson Refuses to Meet The Whistleblowers

The Coalition Government has made great waves crowing about their support for whistleblowers. A group of us decided we would test this out. Any reasonable government would wish to speak to whistleblowers. Anyhow, I suggested that because David Nicholson did not understand the basic issues surrounding whistleblowing, he should meet up with 10 of us [ including Steve Bolsin]. This is in line with the government's interest in public opinion. Here is El Gov asking us all to participate. http://yourfreedom.hmg.gov.uk/ . When it comes to the crunch, does the Department of Health actually want any whistleblowers to participate in policy making and the review of PIDA. The answer below is a resounding "no".

Nicholson who is the NHS Chief Executive likes his accolades. He likes to sign his letters off with his CBE and KCB. That would be fine if he could actually understand the basics of whistleblowing. Anyhow, this is what he stated in a email to me 

"As Sir David's previous reply explained,  the Department is committed to strengthening the whistleblowing procedure and is working with NHS staff to provide an independent authority to whom they can turn if their concerns are not fully addressed.  I note your request for a meeting, but this work will be led by policy officials rather than the Chief Executive's office and so we do not believe that a meeting would be beneficial at this time". [ 25th August 2010] 

This is translated has " F off you lowlife whistleblowers, we want to cosmetically imply support without actually supporting any whistleblower on the planet UK". We get the message David. There won't be any further pro Coalition Government material on this blog :). Anyone who wishes to correspond with Dave, can write to him here David.Nicholson@dh.gsi.gov.uk 

National Patient Groups 'Walk the Talk'

 Following in the footsteps of some great visitors to 10 Downing St

I am not attending this protest but I would have liked to. I did organise and run a protest in the year 2000. It was the Human Rights in the NHS Protest. It was interesting because the media were prevented from featuring it. Anyhow, some journalists believe I was born yesterday and I don't understand what goes on behind closed doors. I have my sources when it comes to information. This is the last grainy picture that remains of the year 2000. The rest are locked in the vaults of the Mirror newspapers.  Anyhow, all we said then was proven correct - from Ageism in the NHS to disability discrimination to Diamorphine misuse. The baton has now been taken up by the next generation of members of the public who refuse to be given the run around by the Department of Health. This is one of many protests. No doubt the media may well remain tight lipped or some may even dare to support those who speak the truth. Led by some of the leading campaigners, I introduce the first in a series of protests against the NHS. Of course, David Cameron will not be listening. It appears that he and his government has stopped listening to everyone. Over the next few years, these protests will have increasing numbers.

National Patient Groups 'Walk the Talk' about the National Health Shame and Cordially invite Andrew Lansley the Health Secretary to meet 1st September, 2010.

Mrs. Ann Reeves of the Gosport War Memorial Hospital Action Group www.gosportwarmemorialcoverup.spruz.com along with other members of her group will join forces with members of the NHS Reform Group and the NHS Complaints Exposed Group and present a petition " ELSIE'S LAW" and relevant papers to the Prime Minister at 10 Downing Street.

The 'Walk the Talk' will commence at the Law Courts in Aldwych, London at 12.noon 1st September, the silent protest will continue down the Strand, turn into Whitehall and proceed to Downing Street.

Mrs. Ann Reeves and her supporters from the Gosport War Memorial Hospital campaign will hand in a petition at 2.00p.m. asking for 'Elsie's Law' to be put in place to regulate the "Liverpool Care Pathway" in order to stop Drs and Nurses using the LCP for 'involuntary euthansia" :

Then Members of the NHS Reform Group www.nhsreformgroup.com and NHS Complaints Exposed Group www.nhsconmplaintsexposed.co.uk will hand in papers at 2.15p.m.

The date of this 'Walk the Talk' is significant to Mrs. Reeves and her continued Campaign for Justice for her Mother, in the fact that on this VERY day 1st September Hitlers' EUTHANASIA DECREE was drafted in 1939 AND it is the same date as when Harold Shipman the notorious euthanizing Dr. was charged with Murder in 1998. Mrs. Reeves is demanding on this same day the 1st September that Dr. Jane Barton is brought justice.

Mrs. Reeves says "My mother was NOT dying. Dr. Barton administered drugs without justification or logic" as proven by a Jury at the Portsmouth Inquest.

Mr.Miguel Cubells founding member of the NHS Reform Group says "We seek openness, transparency and justice instead of the current culture of denial. Perhaps only then can the NHS begin to 'Learn Lessons' and improve their systems across the board. We also want genuine support for NHS whistleblowers who are frequently labelled as 'troublemakers' despite the evidence to the contrary. They are subjected to hate campaigns, ostracized, criminalised, suspended and referred to Regulatory Bodies that behave like an insightless totalitarian regime.

Mrs. Janet Brooks member of NHS Complaints Exposed says "when the NHS make a serious mistake, they use every trick in the book to cover up failings. We are finding that more and more NHS Hospitals are making mistakes due to staff being inadequately trained and staffing levels being too low, but when a complaint is lodge, one finds the whole system is in denial and the complainant is damned".

Mr Prafulla Chandra Pal. Gold Medal in Surgery. Nil Ratan Sarkar Medical College 1956

This document is from 1956. This week has been results week in the United Kingdom. My own grades have always been fairly alright. AAB at A levels and good passes at medical school. The real star of my clan is my late father Mr Prafulla Chandra Pal, Consultant Surgeon. My late father made it from the depths of poverty in deepest darkest Bangladesh to getting the Gold Medal in Surgery at one of the top Medical Schools in Calcutta in the class of 1956.

My father was always big on achievement and never giving up - ever. He applied the same principles to every aspect of his life throughout his time as a Consultant Surgeon and his subsequent early retirement from ill health. I think there is something admirable about someone who can make it from studying by the street lanterns in Bangladesh and having one shirt to winning the top prize  and getting the top mark at his college. My father may not have had the comforts that many students had. Nevertheless, his legacy continues to live on through his ability to inspire others.

My late father was never remembered by Nil Ratan Sarkar Medical College. Nevertheless, he has always been remembered by all his patients and most of his family. 

The key to my late father and the manner in which he often inspires children in Kolkatta is this - he believed that anything was possible no matter how difficult life was. All anyone has to do is - try and keep going then never give up.  The key to winning is never ever giving up on anything you believe in.

Housework

It is Wednesday night. I often do all my housework until about 2am in the morning. It has been like this for years. I have always felt that there was something relaxing about housework. During the early days of whistleblowing, it is no secret that I found it difficult to cope with adjusting to the rough terrain I found myself in. Housework is essentially where your brain is rested and applied to practical tasks. It may be a version of occupational therapy for whistleblowers :).

My relationship with the Dyson Hoover has been long and difficult. After 5 years, I can take it apart and put it back together again. Cookery is yet another task that always reminds me of chemistry. I am not wonderful at cookery but I do try to create food that is edible. I have dreams of a hunky male maid in a loin cloth but in reality I am not rich enough to have one of those. That is one of the pitfalls of whistleblowing - you essentially have to be self sufficient and you have to do your own housework. Housework always reminds me that I am actually functioning and even progressing in life.

All brains require a rest. It is fine doing intellectual things but there is a certain pleasure at achieving practical things - clean carpets, flash on the kitchen floor, rows of beautiful plants and an effort to tidy up. Of course, my effort to tidy up GMC related papers is endless. Nevertheless, we all have to try. 

The importance of taking care of yourself and your surroundings is vital in every doctors life. I have always found that ironing large quantities of clothes is good for the times I actually feel fed up. The great thing to me about ironing is that I end up watching a movie or two on DVD. This is possibly how I get through endless movies in a month.

Normal things make all of us feel a little human and a little normal. Perhaps that's the reason I never get depressed. It is important to value and be fascinated by most things in life. Housework has the ability of ensuring your brain is functioning at practical tasks.  The routine of housework for me means that no matter what disasters happen in that week, there is always one thing that runs like clockwork. I do work hard at washing dishes, cleaning carpets, cleaning rooms, unblocking drains etc. Somehow, it persuades me that despite the GMC's and the Trust's effort to clutter my life - I am actually able to de-clutter and to function normally.

The GMC Disability

One of the biggest problems with the GMC is that they have never found their role in life. I once read an excellent book written by George Bernard Shaw. The reference is as follows - Shaw G B. Doctors' delusions, crude criminology and sham education. London: Constable, 1932.

A excellent quote to remember is this

When asked "Have we lost faith?" George Bernard Shaw replied, "Certainly not; but we have transferred it from God to the General Medical Council

This entertaining jaunt of a book is worth a good read. History tells us much about the GMC. Bernard Shaw was not fond of the organisation and was the first of the rebels. I am sure had he lived, he would have joined us in solidarity. I like Shaw's work. He is insightful and some of his ideas about the GMC is still true. This shows us that the place has not progressed in 100 years. MJA summarises it

"Nearly 100 years ago, George Bernard Shaw, in the preface to his play The doctor’s dilemma, savagely attacked the medical profession for its direct personal and pecuniary interest in the treatment of patients and argued that doctors could not be trusted to act in their patients’ best interests.1 He observed that medicine was not driven by science but rather by patient demand and service. Nor was Shaw particularly impressed with medical science, noting that “medical science is as yet very imperfectly differentiated from common curemongering witchcraft”. In short, he argued that the medical practice of his time was mostly ineffectual and that doctors should advise patients that wellness is not attained through a bottle of medicine but through decent housing, clothes, food and clean air. The doctor’s dilemma was that providing this advice would jeopardise his already meagre income".

Another interesting piece was written by Richard Smith. This was before he became a pretend blogger with delusions of radicalism. Helen Bright quite rightly mocks the bloggers at the BMJ. They cannot quite get there in terms of radicalism or persona. In the article on the GMC by Smith, he tells us that the GMC feels misunderstood. Of course, it feels misunderstood. After years of media driven judgments, interference with the Bristol Inquiry verdicts [ yes, we know about those Donald Irivine] and cosmetic solutions, the GMC is possibly quite lost. One of its flaws is never being able to bow down and admit an error. One can review this in the leading definition of infamous conduct [ Allinson v GMC]. Allinson was struck off for suggesting that smoking was linked to bad health/cancer. Anyhow, following the Doll study, the GMC did not offer him a posthumous pardon. Anyhow, those of you who walk into ASDA as I do will note Allinson's bread and flour. I buy Allinson's bread and consume it just to remember how conceited the GMC really are.

Since Allinson, not very many good things can be said of the GMC. Apart from Mark Ellen in their Information Team, they have nothing going for them. All the cosmetics they engage in, isn't really worth much at all.Nevertheless, perhaps they require makeovers to start afresh.

Anyhow, on the subject of modern times, Prof Catto and I had discussed the issue of disability. I had raised the issue of Death by Indifference, a report by Mencap, with him. I suggested that a consult was required, with immediate alterations to the student curriculum as well. That was in 2007.

By 2010, the consult was agreed.   Catto felt we were pushing an open door. I am not so convinced. Without Catto's support, the idea would have fallen flat on its face.

This decision by the GMC amused me somewhat because firstly I am aware no one at the GMC or elsewhere would be ready to admit where the idea originated from and secondly, it is always fascinating that a organisation so disabled by its own failings is now planning on improving the care of disabled people. Well, I had to give them credit for trying. I am not of course convinced by the GMC's sentiments. I am rather cynical and believe the GMC do require some good publicity after being thrown around by the public like a useless piece of meat. What better way to achieve this than imply that they support disabled people. Then perhaps I should stop being so cynical. It may be a habit really since Sushant Varma and I changed the face of ethnicity statistics at the GMC for good.Now doctors will be able to establish discrimination via statistics. In the past, no stats were available hence no doctor could establish discrimination.

A colleague quite rightly pointed out - when is the GMC going to implement their equality scheme on the disproportionate number of foreign graduates who are struck off. When do they plan on addressing the issue of racism in the NHS. Afterall, in 2008, Liam Donaldson accepted that racism does exist. Having agreed that it does exist, it is rather an irony that the misconduct test used in his case in the R v GMC Ex Parte Remedy UK was more lenient than that used with minority doctors. He wasn't complaining at this point :). 

So in conclusion, there are many things the GMC could improve on. They did though pick the subject with the most sympathy factor attached to it. Then that is Niall Dickson for you - he is an ex journalist after all. Whatever their motive, I have to accept that the move to address the issues affecting disabled people is a constructive one and perhaps it will improve healthcare in the future. Perhaps during the consult, the GMC can learn more about its own disabilities - it should understand that despite its disabilities and faults, it is an organisation capable of great things. All they have to do is try. 

Jai Hind

Today is Indian Independence Day. Well, many freedom fighters sacrificed their lives for the freedom of India. The first was the fearless Rani of Jhansi. The Queen was a lady who originated  from humble beginnings .Her  life was plagued by the harassment meted out on her by the British establishment. The Rani is considered one of the first revolutionaries. She was fearless and never backed down to the British Establishment.

One of the traits common throughout the centuries was the manner in which Indians were hired and paid for by the British to spy on their own kind. Using this methodology, the British obtained intelligence on anyone they considered to be revolutionary. Using this intelligence, these revolutionaries were silenced. Those with radical ideas were assassinated. The British establishment has never ceased this trait  even to this day. Indeed, the thought pattern of "if we cannot beat them, we should join them" continues in  some asian sectors in the UK.  Bapio recently behaved  by  honouring an oppressor. No doubt this honour will ensure certain asians are fast tracked up the establishment ladder so they may merge with those that weald power and fame.There are some Indians who have no respect for those who sacrificed their lives so that we could all live as free people. 

After the infamous Rani of Jhansi who never backed down to the British establishment, there were people like Subhas Chandra Bose and Bhagat Singh. Here are some of the others.  The most famous man credited with bringing India to Independence is Mohandas K Gandhi. Unlike many others, Mohandas did not give the British Raj cause for complaint. Nevertheless, the British Raj was not happy.  His was a non violent approach to achieving freedom. One can say that, Gandhi finished what the Rani of Jhansi started and it shows us how each person plays a part towards achieving the final goal.

Many people forget the work of Bhagat Singh but I wanted to present some of his words written in a leaflet many years ago. In the leaflet he threw in the Central Assembly on 9 April 1929, he stated that

"It is easy to kill individuals but you cannot kill the ideas. Great empires crumbled while the ideas survived"

Jai Hind. Thankyou to all the freedom fighters who made it possible for us as Indians to live as free people.The Indian struggle for independence should inspire everyone in an oppressive situation. The key of course is never to give up and never to desert the principles instilled in us by our forefathers. It is vital to have respect for those who have laid down their lives for all of us. Freedom should never be taken for granted.

Forgiveness

I have often been asked about letting bygones be bygones and forgiving people. There are some people I am able to forgive but there are some things that cannot ever be forgiven. As I am a great fan of history and the importance of it, my own brand of equalising most situations is to publicise events. I know full well that in history, those who push the boundaries can only go so far in a rigid medical establishment. It is for others to take the information, use it and carry on pushing those boundaries in the future. Information is always a way of gaining some kind of control for those who know how to use it. The Hebrews and Hammurabi Code had the right idea. The world doesn't progress without a minor element of an "eye for an eye".Of course, too much of it may make the world blind. On the other hand, without it, there would be no progress for a better future.

The product of this website is all about how dysfunctional the medical profession is. The worst issue about the UK's medical establishment is that they have no insight into their failings. It is this lack of insight that will finally be its own downfall.Of course, they don't know it yet :). That is what happens to those who haven't quite developed the intellectual capacity to review their own performance.

Alex O'Neill - Kerr's Collection of Dysfunctional Shrinks.

Psychiatrist Salim Nayani was struck off by the General Medical Council. Everyone can read the article here. Of course, yours truly worked at Northamptonshire Mental Health Trust and I have met Salim. I meet him while struggling with the bizarre repeated boring memos sent by Alexander O Neill Kerr. Kerr was the head poncho of this collection of shrinks. It is an amusing collection really. O Neill Kerr was always far too busy painting his nails to notice what was going on in his own hospital. The story below narrates a trouble free period prior to the consultants knowledge of my past. It then describes a the disastrous consequences after their discovery of my whistleblowing past, my case with the GMC etc.

My own skirmish first commenced when consultants Dr Linda Hall and her side kick Dr Anders Skarsten knew about the North Staffordshire NHS Trust incident. Linda felt that I should examine my feelings on why I had whistleblown. I refused to accept that I was the problem at North Staffordshire NHS Trust and proceeded to find the evidence to prove it [ I succeeded in this].

The first way of sabotaging my ability to progress was a reference by Dr Anders Skarsten to the Section 12 [2] Panel. Oh, we know how much was tried to keep the document concealed from me. Anyhow, like most things in life, these things have a habit of landing on my lap.

The reference stated as follows

17th September 2004

Dr Goodhead

Chairman of East Midlands and Yorkshire

Section 12 Accreditation panel

Department of Psychiatry

Doncaster Royal Infirmary

Armthorpe Road

Doncaster

DN25LT

Dear Dr Goodhead

I am writing to clarify my position regarding Rita Pal who is a appealing against the decision to defer approval of her Section 12 status until she has achieved a specialist qualification in line with the revised guidelines for Section 12 approval.

Dr Pal was clinically competent enough for consideration for Section 12 approval. However, I am disconcerted that she has resorted to a litigious stance regarding the panel who after all are unpaid volunteers. Philosophically Dr Kamyuka is in the twilight of his career, whereas Dr Pal is at the start of her career and should consider qualifications as a stepping stone to advancement.

Yours sincerely

Dr Anders Skarsten
Consultant Psychiatrist

As it turned out, Dr Kamyuka was given Section 12[2] approval despite not having any postgraduate qualifications. His limited registration experience [experience before full registration] was apparently superior to those who were UK qualified with 5 years post registration experience :).  He was also   given a warning by the General Medical Council. Kamyuka had been supported by Professor Bhugra of the Royal College of Psychiatrists and this was no doubt an effort to fast track a black psychiatrist despite his minor post registration experience. A comparator colleague [ not me] with more than 5 years post registration substantive experience was turned down for Section 12[2] approval under the Mental Health Act.  Doctors.net.uk has a thread on the Goodhead discriminatory party and the inconsistency in decision making that exists to this day. 

The GMC states as follows on Dr Kamyuka's record. 

"In Future, 1. You must not drive whilst under the influence of alcohol and must comply with laws and regulations regarding driving motor vehicles; 2. You must refrain from criminal activity which risks bringing the profession into disrepute”.

Prior to this, Linda Hall had been informed of Kamyuka's misdemeanors and she huffed "Oh, these are just minor issues". As is the fact that many years on, Kamyuka continues to be investigated for dishonesty by the General Medical Council. Fascinating isn't it.

In the meantime, the crowing Dr Anders Skarsten was given a warning for his interesting cameraderie for Dr Kamyuka. Skarten is now happily up the management ladder in Wales with this accessory warning from the GMC.

In the meantime, the GMC states as follows [ GMC warning]

"This behaviour does not meet with the standards required of a doctor. It risks bringing the profession into disrepute and it must not be repeated. The required standards are set out in Good Medical Practice and associated guidance. In this case paragraph 65 of Good Medical Practice is particularly relevant: ‘You must do your best to make sure that any documents you write or sign are not false or misleading. This means that you must take reasonable steps to verify the information in the documents, and that you must not deliberately leave out relevant information’.

Whilst this failing in itself is not so serious as to require any restriction on your registration, it is necessary in response, to issue this formal warning.”

We can therefore conclude what kind of doctor, Linda Hall, Anders Skarsten, Professor Dinesh Bhugra and Dr Goodhead bent over backwards for. While they were doing this, Linda Hall and Salim Nayani were interviewing a decent locum staff grade for their permanent job. This doctor overheard their conversation. while he was sitting outside. Apparently, because the staff grade had prior mental health problems, they were against employing him. Of course, breaching the DDA didn't occur to them. He didn't get the job. As karma twists on that merry road to fascination, Dr Hall went off work with .......... :). Well, what can we say.

I often wondered whether the patients were saner than the psychiatrists when I was in Northamptonshire.  The final twist to the tale was that of Dr Anders Skarsten who himself decided to take a litigious stance and sue the Trust he was fired from. It turned out that Skarsten was not on the specialist register while he was working as a consultant. Anyhow, he extracted a tidy sum from Northamptonshire NHS Trust. Apparently, while racing in Silverstone, he was severely depressed, so said his expert witness aka, his colleague from Kings College Hospital.

Para 42 of the judgment is quite brilliant. Those of us who are astute enough will understand its amusement factor.

" Ms Kaur accepts that the first and second reasons given in the letter of dismissal were reasons which related to Dr Skarsten's disability in light of the medical report from Prof Farmer which expressly links his severe depression with forgetfulness including or perhaps typically forgetfulness in checking whether his application for specialist registration had gone through". 

I really didn't wish to mention the numerous drug company lunches, the drunk phone calls and the parties that this severely depressed person once had. Of course, it must have been so shortsighted of a team full of psychiatrists on weekly meetings who failed to notice that their colleague was severely depressed :).

Anyhow, it took me about 6 years to establish the jokers in this particular group. O Neill paid no attention but that is nothing new.

I had the last laugh of course :). The next laugh is that Dr Kamyuka is still Section 12[2] approved and continues to section vulnerable people :). This I believe is the nearest evidence to positive discrimination, we have seen :). The Royal College, colluding with various consultants to fast track black psychiatrists while turning a blind eye to their integrity . All to ensure ethnic matching.

Perhaps David Goodhead has a bad case of cataracts these days :) and failed to read the dishonest statements in Kamyuka's application form in front of him. Something about undeclared convictions perhaps? :). 

McJobbyGate. The Final Analysis.

Half way there. The Next Generation will make it to the top. 

As the blogging world will be aware, Dr Scott Junior was saved by a collateral referral  of the  Deans to the General Medical Council. We had news that Dr Scott Junior was due to be referred to the GMC and we subsequently reversed the process. This ensured Dr Scott Junior was effectively free. The matter was featured here by the Register. The summary is this - Dr Scott Junior was effectively pissed off with the rulers of the MMC. He progressed to make some inflammatory remarks on Doctors.net.uk. Doctors.net.uk management failed to support him. Elizabeth Paice, the then London Dean spent large amounts of time on the Doctors.net.uk forum and arranged for a referral to NHS Scotland where Dr Scot Junior worked. Subsequently, Scot Junior was suspended. Dark Knight and his cronies then sought to assist the many bloggers who featured the story day after day. His colleagues joined and wrote to the Scottish Head Honcho. A GMC Referral was done for his Deans and hey presto, he was released and allowed back to work.

It should be borne in mind that, getting two Deans through the GMC procedures is  mammoth task.  Keeping them in there for a year or more is even more of a tough call. As we can see, superiors within the NHS are protected. This was evidenced by the case R v GMC Ex Parte Remedy UK where no investigation took place despite the negligence and damage caused to hundreds if not thousands of doctors. This is therefore possibly the first time the leading senior deans have been frisked by the General Medical Council. Their contacts were bound to save them and they did.

The original complaint was drafted by myself, Dr Dark Knight, Witchdoctor, Dr Rant and The Jobbing Doctor. A copy can be downloaded here

The complaint can be thrown out immediately before rule 7 as is the case with numerous complaints. This complaint did get past Rule 7 and a allegation list [charge list] was developed. You can access these here [ Needham and Paice]

The final decision can be accessed here  [ Needham and Paice]. Essentially, the guidance here is diametrically opposite to that provided by the GMC Ethics team but the case examiners make it up as they go along. They had to effectively bend the rules to allow Paice and Needham out.

Gillian Needham and Professor Paice were eventually cleared. I could have taken this up on Rule 12  Presidential Review and probably won as I have done in the past but the determination to fight  was down to about jelly fish level. My colleagues did not have the inspiration to fight this and effectively gave up. As I have no particular affiliation towards Scot Junior whom I consider to be  inconsiderate anyway,  I didn't waste my time on this. 

Anyhow, a cleared complaint and a change in posts or Paice says a lot more about the system we exist in. The battle was fought well in general and this is potentially the best we could have done.

Andy Clayton Gets Struck Off [ About Time Too]

 Clayton's hospital desk drawer contained some interesting things

Way back in the past, I worked with Michelle Shepherd. Michele is a lovely consultant. One of the best. There was an amusing issue about Shepherd and the GMC. In 2007, the GMC crowed away about how staff grades could not use the term "Psychiatrist". This was before the Department of Health coughed up their entire list of staff grade "psychiatrists" and I whipped out the Michelle Shepherd reference. The reference referred to me as a "psychiatrist". The problem for the GMC is that Michelle had been one of their panellists. We all had to chortle at the GMC for their own stupidity.

Anyhow, Michelle and I  both had to tolerate Andy Clayton. The reason I left my job in Derby was because I did not wish to tolerate Clayton's sexist attitude. That was way back in 2001/2. Michele knew how I felt about Clayton. I made no formal complaint. The simple  way to solve the problem was to leave.

Anyway, Clayton got struck off recently, the BMJ runs the feature here. 

"A former consultant psychiatrist who examined the breasts of two vulnerable patients, subjected trainees to sexual innuendoes, and was convicted of child pornography offences has been struck off for behaviour "utterly incompatible with being a doctor."

Andy, if you are reading this, even staff grades can be right about you.  Congratulations to the GMC for removing this pervert off the medical shop floor.Ten years late but moving fast eh . The only reason the GMC acted is due to the criminal convictions. If that had not happened, Clayton would have been free to perv away. Afterall, he has been the same for more than 20 years. Its not a new thing.

Corporation NHS and The Gagging Clause.

Corporation NHS - This Ain't Gonna Happen 

There appears to be some great surprise that doctors would sign a gagging clause for money. My friend JR kindly sent me the following link.The Channel 4 investigation is here.

In the world of commercial corporate dealings [ which is essentially what the NHS is], of course they will offer payouts in exchanges for gagging clauses.  It is called good commercial law. The above is one example. Another example is litigation - the first thing a whistleblower also does is sue under PIDA, the first thing the Trust does is think about how much it will cost them to gag the whistleblower. If anyone has dealt with a Tomlin order, it is understood that the terms of a legal settlement will be confidential. Few men or women will want to be a poor pariah. So, if a pile of money comes along, most people won't see any harm. I would never sue under PIDA, its rough legislation that remains ineffective.

This was partly one of the reasons I did not sue North Staffordshire NHS Trust. It is about 100 percent cert that I would have won but the price of winning would be to be caught in the trials and tribulations of litigation and settlement. No doubt, North Staffordshire would love to pay me off in exchange for my silence but it ain't gonna happen. 

Anyhow, few whistleblowers want to be penniless survivors in a rough terrain where everyone hates you.  Whistleblowers end up heavily in debt due to legal fees, their family suffer, their life suffers so  they won't see any harm in accepting a barrel of money in exchange for principles.  I have never given a damn about these issues but it takes a person with strength of character to survive against all odds. I suppose I just disliked North Staffs enough never to give them the satisfaction of wearing me down in litigation. It was far more satisfying to rub their noses in it publicly.  In most doctors eyes, a payment in exchange for their silence is a pretty good deal. At least, they can be a rich pariah which is possibly better than being a poor one. 

This is commercial law. No one can blame the NHS for buying the silence of doctors. No one can blame the doctors for opting or a quiet life. There is no benefit to being a martyr at all  in a culture where skeletons remain in closets with the door shut for good. If Corporate NHS allowed whistleblowers to blow their secrets, they would be paying relatives and patients until the NHS is burnt to a pile of ash.The change that is needed is an alteration to the attitude and culture of Corporate NHS. While the Americans love and pay their whistleblowers for raising concerns, the UK defaults to its Victorian attitude of concealing everything until the world is dead.

BAPIO Honours Elizabeth Paice.

The large barracuda has come out of the water to be honoured by BAPIO. Read on here. 

Above is a picture of Paice receiving the award for victimizing the most doctors in any one Deanery. Following the Scot Junior campaign and subsequent GMC referral, Paice moved to a different job.

Thanks Bapio, just goes to show that you guys eat too many samosas and have a disconnection between the contact points in the cerebellum.