All coverage by the media can be read here. I have my fingers crossed for Otto but I suspect the Trust are edging to push the case towards the Perkin case. This is where the whistleblower is blamed for having a difficult personality.Dear All,I thought that some of you might be interested in what is happening regarding my case and some might even be interested in coming to listen in on the 16th Nov.1) I have taken my Trust (BLT) to an ET for unfair dismissal under PIDA (whistlebowing!)2) As far as I know, it is the 1st time that someone has taken a case following summary dismissal3) I am asking for retrospective salary and salary till 65yrs on the grounds that it is impossible to get another paid job in The NHS (I have kept records of my application as a locum, honorary and full time Consultant post - and not even been shortlisted - my SPR was shortlisted and appointed, so I know the candidates that applied against me4) I am also asking for loss of pension5) I am also asking for damages for malicious act - my original set of allegations included at least 15 other charges, which I was found NOT guilty, not least racism and bullying6) The HC(90)9 panel found me guilty of misconduct - interpreted as gross by my Trust, not surprisingly! However, fortunately the 2 cases were both obviously fall under PIDA7) Finally, I hope to take this further, if I win I intend to use the money to take civil action against individual managers and report it to the audit commission - either way, the managers may have to fork out the costs out of their own pockets - that might make them think twice in being vindictive and malicious in future (I doubt it, BUT...who knows!)At an Employment Tribunal, there is 1 Judge and 2 lay members - you never know!All the bestOtto
Thursday, 19 November 2009
Fever
16 Hours - Green Tea. Little Miss Piggy's Flu
There is one problem with whistleblowers. We all overwork. Overworking has a detrimental impact on your immune system. I found this out last year. Nevertheless, like all optimists, I have developed a system to rebuild my immunity despite the fact I normally have no insight into the fact that I work 10 times faster than the average human being. I am always told this but it has always been like this since I was a teenager so there we go.I have just woken up from a deep slumber. It was good to know that I wasn't dead. It is always rather fun to discover that an illness hasn't killed you. I would make a terrible ghost.
I am now 16 hours into my swine flu state. Aspirin appears to have decreased my temperature. Having broken out in a huge sweat while asleep for all the wrong reasons I ended up getting lost in my duvet. The problem with duvets is that duvet covers are extremely complicated. Despite my moderately modest IQ, I still have not mastered the art of duvet cover changing. Anyway, it took me 20 minutes and now it is in some reasonable order.
As I am quarantined from the rest of the human beings I interact with, I decided to go thieving around the house for food. Covetted food tastes better. I do recall Dr India who went to stay with his friends in Europe. Overnight, he thieved a chicken leg from the fridge. He joyfully munched his way through said chicken leg while reading the Da Vinci Code. All hell broke loose the next morning over this chicken leg. World War 3 broke out and he was sent back to England. The war over the one chicken leg stolen after midnight lasted for 2 weeks or more and extended to a certain political party. Dr India opted to return said chicken leg to no avail. The offending chicken leg will never be seen again!
I on the other hand regularly thieve from my own stash of food supply. The vital thing in life is to ensure that you have large fluffy slippers, a fluffy warm dressing gown and a box full of Highland Shortbread while being ill. I have today finally found this large concealed box Highland Shortbread. There is no point relying on the Scottish men up in Inverness.
The next issue was to turn Green Tea into something decent that I could tolerate. I don't drink alcohol, don't smoke, don't like PG Tips, hardly ever drink coffee and often keep away from fizzy drinks. Yes, I am boring. But Green Tea has been plaguing my mind for two days now. My recent combination is Green Tea plus Manuka Honey. Well, there is some scientific logic to this. There is always some skewed logic to the way I think about things - so here we go. Here is a summary of the properties of Green Tea . Further info here
"Drink green tea – One little known secret about preventing the flu is adding green tea to your diet. Research has shown that green tea is extremely effective at preventing the flu, when consumed regularly. One study, reported by the UK Tea Council showed that green tea can protect in two ways. First, green tea suppresses the growth of influenza cells. Secondly, green tea actually kills off the influenza cells.And, one thing that’s so great about green tea - it can protect against many strains of the flu virus. The flu vaccine each year just protects against that year’s most prevalent strain.
Green tea has recently garnered much attention for its ability to prevent disease and protect health. Research has shown that green tea’s powerful anti-oxidants are the key to preventing serious illnesses like cancer and cardiovascular disease"
And here
A recent study published in the Journal of the American College of Nutrition looked at the effect of green tea on health during the flu season. The study followed 118 healthy adults for three months during flu season; the participants ingested a capsule twice per day. The capsule was either decaffeinated green tea extract, which contained a standardized amount of the two immune-activating plant components found in green tea - L-theanine and epigallocatechin gallate (EGCG); or a placebo.
The green tea group when compared with the placebo group experienced 32.1% fewer cold and flu symptoms. The green tea group reported 22.9% fewer illnesses which lasted two or more days. Of the green tea group that did experience illness only 5.7% of them became ill enough that they sought medical care, in comparison to 12.7% in the placebo group. Other studies have also shown that gargling with green tea can aid in the prevention of cold and flu. The Japanese study showed that the virus which causes the flu can become non-infectious by having 5 seconds of contact with green tea.
I have previously talked about the effects of Manuka Honey. Today, I made the executive decision to combine the two. Green Tea and Manuka Honey is actually much more tolerable Actually, it's Green Tea, Manuka Honey stirred in and shortbread. As for my collection of intellectual material, I have dumped it to go and watch Mike the plumber in Desperate Housewives.
Now why doesn't our plumber ever look like Mike?
Miss Piggy Update. 12 Hours
The race is on between my immune system and the Swine Flu virus. Now I need to sleep in the hope that I don't wake up dead. If God does exist, I am well and truly stuffed big time given my debates against religion and the lack of evidence for the big man in a white beard. As I really don't want to be smited, I am researching further methods of increasing my immunity. Chocolate comes in there - yeh! Wolfing down my Galaxy bar as we speak.
What I need of course is Jobbing Doctor. Where are these GPs when you need them eh?
Whistleblower Growing Trotters
Currently, my throat is killing me. I am on a combination of water, neurofen and chocolate. I am also on daily green tea [which tastes totally disgusting], multivitamins, Omega 3, Evening Primrose Oil and more chocolate. Food is currently consisting of huge amounts of Tropicana which should really be I.V but it isn't. Hot chicken curry should cure this in one week :). I hope this combination will not be tried by anyone because it is a Dr Rita Pal special management plan. It only works for whistleblowers and no one else.
My reading material consists of Indian History from the Mughal Throne and the Ghost Whisperer in DVD form. Due to my quanrantine, internet shopping for basics like food and chocolate is working out well.
The General Medical Council shouldn't really concern themselves because I have no intention of snuffing it. We have at least another 60 years together :)>
Sunday, 15 November 2009
Count Peter Rubin. The Fool at the GMC. Calling the GDC. Please supply a good dentist for immediate fang extraction
Following on from the two pieces on Mobbing [ these can be read here and here] which have not pleased Professor Griffiths, Professor Rubin wrote the following large black lie in the BMJ.
"I want to make clear that any doctor who wants to report genuine concerns will have nothing to fear from the GMC. The GMC emphasises the responsibility of doctors to report their concerns and this is echoed throughout our guidance. In particular Good Medical Practice (2006) states both that doctors should raise concerns about inadequate resources and that they must protect patients from risk of harm posed by a colleague's conduct, performance or health. Raising Concerns (2006) makes clear that provided doctors have been honest, raising a concern is justified even if it turns out to be groundless"
Here is the GMC's own section on Probity.
So let us take a trip down memory lane and view a memo written by the General Medical Council's top henchmen. The GMC of course failed to implement a gagging clause that prevented these documents from seeing the light of day.

"I want to make clear that any doctor who wants to report genuine concerns will have nothing to fear from the GMC" Peter Rubin 2009
So come-on Professor Peter Rubin - answer the above. Tell the public why an investigation was reversed on the whistleblower on the strength of a " typographical error". This goes to show that despite a million degrees, a million titles, Professor Rubin cannot tell the truth . This is of course intellectual corruption. Rubin is covering up the GMC's misdemeanors. In the above case, the concerns on Ward 87 were justified and upheld by two internal hospital reports. The above case ended through a settled court case in my favour. The GMC failed to investigate or take up the concerns related to Ward 87.
During that time, the General Medical Council was labelled as a totalitarian regime by a High Court Judge.
As one commenter on this blog pointed out - Count Peter Rubin needs his teeth extracting each time he spews lies into the media. An immediate call out has been placed with the GDC. Dentists will hopefully be able to attend the General Medical Council complete with Fang Extraction Kit as an emergency.
Friday, 13 November 2009
Medical Mobbing Part Deux. The Prowling Professor Griffiths

Old Rodders claims to be a misunderstood man. Apparently, I have misunderstood him. The evidence on paper tells us a different story. Senior doctors always see themselves to be pillars of society that people should look up to. Old Rodders is no different. In all honesty, we don't think he is even fit to direct traffic and that was one of our submissions to the General Medical Council.
He was last observed prowling around at night without his Zopliclone tablets. Many of you can read old Rodders here. Clearly he has finally made his way onto the internet and is sashaying around with his CBE. Old men of medicine need to accessorize. He hasn't learned to justify his text or write properly yet but hey give it time. He may well create a blog well worth reading. As arch enemies go, Old Rodders was the most inept. I can't even say he would make a good James Bond baddy. His defenses were poor and his story kept changing from minute to minute. Old Rodders did not provide the GMC with ALL the paper work related to Ward 87. For Old Rodders, the line between the truth and a lie is blurred. He may have gone to a grammar school but position, fame and power have effectively made him into a male himbo [ the female version is called a bimbo]. This is what happens when the brain does not apply itself. Griffiths lost touch with reality a long time ago. I have this theory that when doctors reach a certain position of seniority and when other people do work for them, they become deskilled. This is what has happened to Griffiths. You can see this by the manner in which he responded to the allegations presented. The problem with Old Rodders is that he doesn't even realise what he has done. He has no idea of the impact of his actions. He currently resides in Worcestershire oblivious to the domino effect of his conduct. His comments to the General Medical Council was to influence the GMC totally in the year 2000. Following his damaging comments, the GMC have always been convinced that I was the one to be chased. Griffiths had the option of telling the GMC that Dr Monica Spitieri and Dr John Green [ Consultants responsible for Ward 87] should have been held accountable. Griffiths did not do this. Griffiths in his post on this website makes numerous comments about Ward 87. He plays up on his role in holding people to account.
Of course. his only role was to neatly cover up the truth. Of course, it has become a little messy for Griffiths these days. He doesn't say that he ever recommended that the GMC reopen the investigation into Ward 87. Indeed, if he had a conscience after all these years, that is what he would have recommended. He didn't. The public can therefore see his so called "concern" for those patients on Ward 87. Of course, Ward 87 could be any ward in the NHS. We have to question how many wards were allowed to function in a substandard manner.
As a few bad men go, Griffiths was probably the most inept. If you compare Griffiths to say Finlay Scott Ex CEO of the GMC - at least Fin is good looking, slithers away and writes striking emails to me now and then. With Scott, at least you have a certain respect for the sheer amount of wickedness that floats through his veins and lets face it Fin would have made a great James Bond baddy. Fin has better suits, sharper teeth and plots the downfall of others in style. Griffiths by comparison is just a reckless and inept man who actually felt he could get away with all he had done. My friends used to call him the Fool or the Himbo.
My teeth grew to full length sometime back. I had my teeth in Griffith's reckless work for some years. Like a good well behaved Yorkshire terrier, I never let him go. Griffiths claims to have been worn down by my anti mobbing tactics. Everyone has choices to make, he could have chosen to correct his position and demand accountability for Ward 87. He didn't do so. The man had two solicitors funded by the Department of Health and large numbers of admin working overtime against just me. Even then, his team lost a Presidential Review at the GMC.
Griffiths posted on this website and is playing Mr Nice Guy. The problem with this old codger is that he essentially suffers from a perceptual misinterpretation of the evidence related to Ward 87. Both him and his entourage of lawyers lied repeatedly through the submissions to the General Medical Council in a complaint against him. At the end of it Ms Zahida Ramzan Asgar of the Department of Health must have had a nose as large as concord. I suppose Old Rodders would say that we can't call it lying because in their world, it is just a defence. The problem with the Department of Health Team representing Griffiths is that they had to use all their background influence to get the complaint thrown out. It didn't happen on the merits of their arguments. It happened because they all struck a nice cushy deal with the General Medical Council. These deals are done by understanding the establishments interests. The GMC dumped the complaint much like the biggest hot potato to hit this baking tray. Later I asked the General Medical Council why they violated their own directive in Henshall by non disclosure of the full 2001 Report. They had nothing left to say. Of course, there isn't anything to say when deals are done, agreements are made and decisions sanctioned to protect the establishment's interests. Griffiths was by no means an innocent man. It just wasn't in the GMC's interests to pursue the complaint. In the end, they both blamed each other like some bad playground fight between two grubby boys.
The GMC complaint against Professor Griffiths originated from Pal v GMC 2004 where the GMC admitted in a statement of truth that it was Professor Griffiths who had raised concerns about my so called mental health. Before he had done his precious audit on Ward 87, he was already questioning my competence, my ability etc. There is a memo showing this. The internal documentation by the GMC is actually quite shocking. The Department of Health internal memos are also quite shocking. Indeed, they show Griffiths prancing around like some court jester telling everyone that there was no evidence to the concerns I raised.
Griffiths created a cleverly constructed audit whose results were opposite to the ones in the Report done in 1998 and 2001. Essentially, Griffiths concluded that there were no evidence to my concerns. To date, he provides us with no explanation of why this was so. He failed to inform the GMC of two reports that verified my concerns. Even when the evidence was thrown in his face and plastered there with superglue, Griffiths failed to apologise for his audit or correct his position. To date, he has never corrected his negligent audit. He still stands by his work.
I was alerted to these reports by Dr Peter Wilmshurst who covertly discussed it over an angiogram with fellow cardiologist Dr John Creamer. Creamer stated that I would never get the report because I was likely to litigate against them as it was so damning. It should be noted that Griffiths did not disclose this 2001 report to me. I obtained it myself under the FOIA legislation. As it is, the full report has never been disclosed by the old men of medicine. Griffiths told the GMC that he had never had prior sight of the report yet he now claims to have been instrumental in the Trust taking action. The combination of pressures from the GMC complaint, the FOIA requests etc suddenly resulted in a mass of documentation land on my lap. Still a lot remains concealed from me. That is what Griffiths was good at doing - concealing everything from me.
Anyhow, here are the allegations at the General Medical Council before the GMC used Griffith's timely retirement as a excuse for not taking action against him. Rod Griffiths essentially got away to this retirement crypt without a stain on his character apart from the one I create now and then. Despite the flawed Griffiths Inquiry in the case of David Southall and his flawed audit in my case, Griffiths was never held accountable by the General Medical Council. In conclusion, in Griffiths case, a Professor can be negligent at his job, cost the lives of many patients, fail to report senior doctors on Ward 87 to the General Medical Council then float onto the wonderful meadows of retirement while claiming to be an innocent man. He can then show us all his bright Colgate smile with high definition sparkle and say " You can do it to, with a CBE".
And that is medicine in the United Kingdom. Where their whistleblowers are dragged through sham peer reviews. Where Professors like Rod Griffiths places the fragile careers of juniors in jeopardy and care nothing about the impact of his actions. Where the same Professor never apologises for his negligent actions. We should ask dear old Rodders, how many people were held accountable for all the good work he purports to have done. The answer is NONE.
There is of course an easy way to encourage me to terminate this type of blogging - that is simply to do the right thing. My view is this - as long as the right thing isn't done, and apologies are not issues and audits not corrected, this kind of blogging will continue against Professor Griffiths and the General Medical Council. They both piss in the same pot after all. Those disgusting enough to refuse to ignite the process of accountability do not deserve any respect at all.
Allegation/charge list at the General Medical Council. Read further here for details.
Professor Griffiths - Annex A
Case reference: HH/FPD/2004/1056
That being registered under the Medical Act 1983 (as amended),
1. In April 2000, you were a Regional Director of Public Health for the West Midlands;
2. You were asked by the GMC to lead an investigation into allegations made to it earlier that month by Dr Pal of malpractice and sub-standard facilities and care at the City General Hospital in Stoke-on-Trent (“the hospital”), especially on ward 87, part of the University Hospital of North Staffordshire NHS Trust (“the Trust”), where she had worked as a doctor;
3. In January 2001 your report concluded, broadly, that Dr Pal’s allegations were misplaced;
4. a. On 27 April 2000, in the context of your investigation, you met Sarah Bedwell of the GMC and made the following, or similar, statements:
“[Dr Pal] should possibly have been more competent and knowledgeable than she appears to have been.”
“It may be that some of the problems arose because her own performance was sub-standard.”
b. You made these statements even though you had not investigated Dr Pal’s performance as a doctor;
c. At the same or another meeting with Sarah Bedwell and/or other GMC staff you raised concerns about Dr Pal’s physical and/or mental health, although you had not investigated this;
d. All/any of those three statements were dishonest and/or reckless and/or careless because you had not taken reasonable steps to verify them or put yourself in a position properly to assess Dr Pal’s competence or knowledge as a doctor or her physical and/or mental health,
e. By making these statements, you purposely sought to undermine and/or discredit Dr Pal,
f. Accordingly, you acted contrary to paragraphs 34, 35 and 51 of Good Medical Practice;
5. a. Your report’s conclusions about the practices and the standards of facilities and care of patients at the hospital were wrong and you dishonestly and/or recklessly and/or carelessly misled the GMC in this regard,
b. In particular, no reasonable doctor could have concluded that EP had not been neglected while a patient (especially from reading merely her medical records): see, especially, page 18, paragraph 33b of New Doctor,
c. Your intention was to undermine and/or discredit Dr Pal rather than to consider the evidence and report objectively,
d. Accordingly, you acted contrary to paragraph 34, 35 and 51 of Good Medical Practice.
6. a. In a letter dated 17 January 2005, submitted to the GMC on your behalf by Zahida Ramzan-Asghar, it was stated in relation to the missing drip set needed by Dr Pal to treat Evelyn Price that:
“An alternative available to the Complainant (i.e. Dr Pal) was to call a crash team herself and not leave the patient. The crash team would have had a drip set and would have provided more experience.”
b. This statement was misleading as you knew, or should have known, that crash teams do not routinely carry drip sets and it is contrary to accepted protocol to summon a crash team when the patient is not suffering from actual cardiac or respiratory arrest;
7. a. Your report was flawed by an undisclosed conflict of interest as it was in your interests and/or the interests of bodies for which you worked for your report to conclude, broadly, that Dr Pal’s allegations were misplaced. The more your report was critical of NHS practices or personnel, the more likely it was that NHS funds would be withheld or limited;
b. In particular, the conflict of interest arose through, and/or was accentuated by, your close association with Professor John Temple (the then Postgraduate Dean of the West Midlands Deanery), your involvement with the Service Increment for Teaching (“SIFT”) Joint Planning Committee and the threat posed by Dr Pal’s allegations to the hospital’s planned application for Pre Registration House Officer (PRHO) rotation,
c. Accordingly, you acted contrary to paragraphs 54 and 55 of Good Medical Practice;
8. a. You and the Trust accepted that there had been some deficiencies in practices, facilities and care of patients at the hospital, especially on ward 87, although you considered that efforts had been made to address them,
b. Nonetheless you dishonestly and/or recklessly and/or carelessly failed to mention and/or stress those acknowledged deficiencies in your report,
c. Your report ignored and/or minimised these deficiencies,
d. Accordingly, you acted contrary to paragraphs 26-27 of Good Medical Practice.
Tuesday, 10 November 2009
Under Construction :)
Sunday, 8 November 2009
Medical Mobbing
This is the typical manner of Sham Peer Review ie Medical Mobbing
"Facing superior power and numbers, the targeted physician soon understands that he is the prey and the hunt is on. The final attack is often unleashed quite suddenly and with great fury. The resultant shock and awe often causes a sudden loss of energy and a mental numbness that impairs the physician victim’s ability to defend himself effectively. This often further excites the predators as the deer stands motionless, caught in the headlights. Shock and awe is followed quickly by denial and disbelief.
This is frequently accompanied by a strong belief that the truth will save the victim and set him free. Meanwhile, the stigma attached to mere allegations of wrongdoing produces an intended isolation of the targeted physician. As a result, the physician victim often shuns contact with colleagues, further assisting the predators in cutting the prey out from the herd in preparation for the kill.
At this stage, alone and isolated, facing almost certain demise, extreme fear sets in. How will the physician provide for his spouse and children? How will he cope with the bills that are mounting up now that the attack has stopped cash flow?How will he survive? Constantly living in an adrenaline-soaked fight-or-flight state further depletes the victim’s energy and is often accompanied by significant depression, complete with severe sleep disturbance (too much or too little), weight loss, and a pervasive feeling of helplessness and hopelessness. The risk of “death by stress” or suicide is very real at this stage"
Griffiths was caught with his pants down, subjected to a four year investigation by the GMC and because the GMC itself was involved in the mobbing, they let Professor Griffiths go. Of course, the GMC made some comments that were designed to placate me but in the end there was no accountability for a man who cost the lives of those on Ward 87, who smeared mud onto my name, who damaged my employment prospects irreparably and a man who consistently lied to the General Medical Council on many aspects of Ward 87. A master of word play, Professor Rod Griffiths is a silent and deadly mobber. The GMC was asked to correct his Sham study following the disclosure of the 1999 and 2001 reports. A year ago, they stated that they would consider it but do not have the guts to respond.
It is a well known fact that the General Medical Council is used as a mobbing tool for many doctors that Trusts dislike. The GMC as a mobber is a dangerzone because this regulatory body has the resources and lawyers to assassinate you. The GMC was enlisted into colluding with North Staffordshire NHS Trust and were quite happy to act as Mobber by proxy. As the GMC have found though, this junior doctor hasn't gone away quietly.
In my case, the massive four year complaint against Professor Griffiths forced the GMC, the Department of Health and the Trust to hand over the 2001 Reports about me or at least tell me that reports existed that verified by concerns were correct. It was at that point, my fortunes turned around. Without that complaint, I never would have been cleared.
The GMC made the excuse that Griffiths had " suddenly retired" and prosecution would not be in the interests of the public. Of course, no one asked the public this question. By using these tactics, the authorities have shut the issue down. Of course, unfortunately for them, it isn't quite shut down. Their efforts to assassinate my reputation within the media is something they do with glee. Of course, I am fully aware that the media refuse to feature the issues of Ward 87. It isn't my loss because those who act malevolently often have a equally disastrous future ahead of them. The issue isn't about Dr Rita Pal, it is about a Ward that the UK neglected and innocent people died - but no one found out why. The problem with those who feed the media with rubbish and the media itself - is that it focusses on the manufactured persona of Rita Pal as opposed to the actual facts of the case. It is a very easy and clever way to distract journalists from the actual evidence base that affects UK healthcare.
The GMC remains broadly silent stuttering each time someone asks them about Ward 87. The Department of Health has gagged itself on these subjects because again they have nothing to say. The same goes for every single Member of Parliament approached on this. Each party has nothing left to say or any solutions. The Health Commission avoids the issue completely. You start talking to them about 1998 -2005 and they quote 2005-2008 as the years that have no concern.
Each finds it extremely difficult to understand why I am not in a corner squealing away like a victim. What am I supposed to do - cry about it? I suppose that is what every single whistleblower is supposed to do - be a victim then moan to the media about how the Trust is "Picking on them". Well, you either do that or you either get equal.
I got equal - because the world does not have a solution to medical mobbing - only the whistleblower in the thick of it is intelligent enough to develop a strategic maneuver to defend themselves. The bottom line - you either develop a solution or your sink. The fact is no one is going to develop a solution for you. They may offer you tea and sympathy but this isn't a solution. Of course, there are always side effects to developing an anti mobbing plan and executing it.
Because the rest of the world [ particularly journalists] do not have the depth to understand what you are doing - it is perceived as odd behavior or making trouble or a campaign of some kind. Few will consider it a defense to mass mobbing. And no one can persuade a straight line thinker about a defense to mobbing which requires lateral thought. I have never tried to persuade a straight lined thinker of my own development of a defense to mobbing.
I think this defense is very effective. It is tried and tested many many times over. It is simply that most victims will quite happily hope that some white knight will come and save them. Of course, there are no white knights in the world. Those who do not understand this methodology conceptually will always make judgments. That is what people who are shortsighted do. That I believe is probably the only minor side effect - but then after you have been through medical mobbing and survived well, people who lack depth mean nothing. Their opinions are also brushed off in a few seconds. One simply has to pity them for their lack of understanding about complex matters and move onto more interesting things.
Don't for one minute think that Members of Parliament have enough balls to even resolve the problems at all. Most may have been educated in Eton - but they have the problem solving ability of a small pot bellied pig. It involves snouting in the trough and making excuses for said snouting. I make that comment of leaders of all parties who have been next to useless in my case although they do make interesting supportive noises while doing nothing constructive.
Monday, 2 November 2009
The Cosmetic World of Jonathan Gornall.

In all honesty, Jon has cared nothing for patient safety or the issues of whistleblowing since the dawn of time. Everyone can see for himself what his articles have consisted of. His personal life has pushed him in the direction of child protection.
Now that his subject has been struck off, this PACA member now parades his pen in the BMJ. He ironically calls his piece " The Price of Silence". What is the Price of Silence Jonathan? How about explanining to the world why Ward 87 and its patients were never sexy enough to write about. Jon has no explanation for this of course bar the fact he has always been a judgmental git with a posh accent and not much depth. Despite Penny Mellor's protestations regarding Jonathan, I ignored her for a long time until I found out for myself what a vacant pathetic man he really was. While Mellor and I differ on many aspects, we agree on two issues, one is Jonathan Gornall and the other is the non declaration of conflicts of interests on papers written by PACA members. There were promises of declaration but as Mellor kindly pointed out recently, these declarations were not forthcoming. In the world of research, this would lead to an element of bias. Essentially, the vested interests by the authors on a number of papers make the quality of the papers questionable and tainted. As everyone will know, Wakefield is being tried at the GMC for his non declaration of interests. In summary, while Mellor remains an enemy, I will have to agree with her on these two points.
Gornall has been intimately involved with PACA raising questions as to the extent of his independence. This is what Jonathan told me about associating with issues of patient safety listed on both websites.
"It is not a question of my getting on with you or not. Surely you must see that as a journalist I cannot associate with the views and actions of a campaigner such as yourself, and that it would be entirely inappropriate for me to be linked with the style and intemperate nature of the material you post on your website?"
"Journalism is my livelihood. Credibility is important to me"
While explaining his requirements to be "independent", he happily joined PACA and failed to declare his interests in all his articles related to child protection. Having said this, we found him on the PACA 's exclusive membership mailing lists. We also found him associating freely with all doctors on PACAs list. The above is the kind of crap that is spread around by most journalists. They are happy to use material from our websites but sit in judgment of it. Given most of the NHS Exposed website is written by patients, relatives and doctors on issues of patient safety, I find it insulting that their stories can be degraded in such a way. I know Jon and his mates consider my style of writing to be unacceptable and this style appears to cloud all issues concerning the actual importance of patient safety. The focus again is on style and not the factual element presented. He presents me as a " campaigner" failing to understand a fact of life - I was never a campaigner but a writer of the medical aspects of whistleblowing.
After this discovery, David Southall forced Jonathan Gornall to apologise to me possibly to prevent episodes like this that counter the interests of PACA and David Southall. Jonathan limply apologised. Of course, a limp apology like that does not make him a man. Real men would never run a life of double standards in the first place. I understood on that day that Jonathan may have all the cosmetics but there was more integrity in a man who worked collecting the dustbins.
We should all say quite frankly that he epitomises the typical journalist who works for high brow newspapers and thinks he can judge whistleblowers by his own narrow minded yardstick. He certainly judged me in ways I would never have expected. Then to Jon, it is the cosmetics that count. Patient safety has meant nothing to him but he was quite happy to spend his time looking down his large and pointy nose making judgments against those of us who do work tirelessly to maintain patient safety. In his piece, he laments over gagging clauses. Again, as mentioned previously he is jumping the bandwagon of all journalists so they can now place whistleblowers in that "victim whistleblowing" bowl and remain blameless. The real gagging clauses are provided by newspapers who prevent whistleblowers from raising their concerns publicly. This is done indirectly by simply never featuring the story. I cannot blame the NHS litigation team for implementing gagging clauses - its a commercial decision and the NHS is a commercial organisation.
Let's ask the question again - how many whistleblowers have journalists ignored because their faces do not fit ? What is the price of this gag implemented by newspapers and how many patients have been killed as a result? We only have to look at Gosport to count them all.
Yes, I dislike journalists because I know them to be unethical conceited arrogant people with no concern regarding patient safety at all. They are concerned about "money" and getting their story in print. As people they tend to be unintelligent, vacant, devoid of human emotion, are of the view that only they are right and everyone else is wrong and are incapable of finding fault with themselves. Most journalists are immoral creatures. They pride themselves as those who believe in the truth and justice. In reality, their articles are merely controlled spin. I say this from long discussions with many journalists who have purposely shut down not mine but various other whistleblowers/patients in the last decade.
This is the reason I have no time for any of them. As the readers of the blog will note, I have no time for journalists and lets face it, I don't need them either.
Sunday, 1 November 2009
Independent on Sunday. Creating a Media illusion

Nina and I have had dealings. Nina would rather that these issues be forgotten but I find it rather entertaining to watch journalists eat their own words for tea. As Jobbing Doctor is aware, I dislike most journalists. I believe a large number of them fail to educate themselves on the issues they are supposed to write about. They are also unaccountable for the usual crap they write. They also have a sense of arrogance that doesn't actually suit their intellectual inferiority. This term is used for journalists who fail to review an issue with a 360 degree view. The Independent and Nina threatened to sue me in libel for "linking" to any Independent articles whilst adding my own commentary. This is what she said after apparently taking legal advice
"If you include links to the articles on our website, that is okay unless they think the site is libellous and then they will ask for it to be removed"
Noting this element of legal bullshit being thrown my way, I asked Nina what case law she was relying upon. She went on to say
"I am trying to deal with about 15 things at one time"
She then went onto say
"I cannot get into a row with the lawyers about this, I have to follow there advice"
I pressed her on the case law and legal precedent yet again. She wrote
"I have to leave the office now, will see to this tomorrow. But the lawyer at no point suggested the website was libellous, it was a general statement about websites that use our links, if they are thought to be libellous, we'll remove the link"
I then wrote :-
If statements are made by your paper, then they have to have the logic to verify it. Each time I have asked you to justify your reasoning [ or your legal team's reasoning], you have backed off on your original statements further and further. As I explained, this isn't about angering anyone but about analysing your paper's reasoning.
I am happy to send your legal team a letter to the effect that I would like to request their reasoning. I have requested their address and email so I can communicate with them directly. You have not yet provided it. It is against Law Society's guidance to mislead anyone. I am sure your legal team are aware of that.
In the event there was no reasoning and links cannot be removed from "libellous" websites then I am owed an apology. It is quite disturbing that a leading paper would wish to mislead a member of the public
"Oh my god, they were my words, not theirs, I said it wrong obviously, and I have already apologised, happy to do so again"
Nevertheless, Nina was caught in the cross winds and decided not to feature Ward 87. Thats no skin off my nose really - it is absolutely fine if Nina wishes to side line the deaths of hundreds of patients and evidence based reports due to a catastrophic failure of her own ability to be honest. Her nose is out of joint and I can't blame her really. This is what happens when you attempt to bullshit those who can read.
The whistleblowing article written for the Independent on Sunday is a illusion. It is an illusion because it isn't evidence based and heavily influenced by Public Concern at Work. It shows a distinct failure in Nina to be able to research a present a proper piece of hard hitting evidence based material for a high brow newspaper. Here was the Independent on Sunday's first article. They are bashing on about gagging clauses. Of course, the Independent on Sunday fails to understand succinctly that it is open to the whistleblower not to sign on the dotted line agreeing to a gagging clause. Secondly, gagging clauses are part and parcel of average litigation. If the NHS is paying out money in a compensation claim, they are entitled to seek a gagging clause as part of the litigation process. The whistleblower doesn't have to settle for a gagging clause - I certainly didn't bring a action against North Staffordshire NHS Trust because I knew that litigation is all about gagging clauses.
The second article is "NHS Paying Millions To Gag Whistleblowers". The title is interesting because Nina has failed to quantitify the figures.
So firstly, if whistleblowers are going to be greedy and decide to sue for compensation then what do they honestly expect lawyers to do? Do they really and honestly expect lawyers to "Pay Out" then get screwed in the media? This isn't legal business. It isn't the way lawyers conduct themselves. There is a real absence of a legal view in the article presented. Gags are part of a normal process of litigation. Its called "business".
Nina goes onto say
"The IoS has learnt of children in Stoke-on-Trent needlessly losing organs after safety issues highlighted by a senior surgeon – who was suspended after coming forward to voice concerns – were ignored. In one of more than 20 serious incidents, a newborn baby girl needed an ovary removed after a standard procedure to remove a cyst was delayed because of staff shortages"
Now this is interesting because this is neither a verifiable whistleblowing case and neither have any reports internally or externally ruled for this surgeon. The evidence base is speculative and essentially one sided. This is the Express report and as everyone can see, these are a string of allegations with no verification of evidence by any report internally or externally.
Then we discover who is behind the article, the Labour Influenced Charity " Public Concern at Work". This organisation told me sometime ago that PIDA legislation actually worked and that whistleblowing was safe.
"According to Public Concern at Work (PCaW), two-thirds of doctors, nurses and other careworkers are accepting non-disclosure clauses built into severance agreements, in order to avoid years of suspension, financial ruin, incriminations and distress before a case reaches court. The details of these claims, including allegations of dangerous practice, dishonesty and misconduct, are never disclosed to the public"
Errrrm, they don't have to accept non disclosure clauses. There is a word such as "no". PCAW has also failed and silenced many whistleblowers themselves.
"However, judges are also failing the public by agreeing to NHS gagging orders when presiding over whistleblower cases in court"
Are they? A consent order is usually agreed by the parties and sealed by the judge. Non disclosure clauses are built into any commercial agreement. Nina shows us no evidence or reports where judges have actually "failed" in their job in litigation. We see no interview with the leader in Employment Tribunals etc despite the details of International Whistleblowing Conference held at the Middlesex University.
Peter Gooderam who is not an expert in PIDA makes some interesting yet pointless noises in the Independent newspaper. Again, he fails to mention the leading research in PIDA and the leading case by Ian Perkn on the failure of PIDA.
She then moves to Peter Wilmshurst libel case.
"The doctor, now broke, exhausted, career in tatters, had no option but to accept the terms, even though it means the public will never find out what happened"
Everyone has an option. There is an option of saying "no".
There is some portrayal that whistleblowers are helpless little victims who want everything their way. Sadly, this is not the business of litigation. Lawyers have a job to do - if you want the money - you have to have the gag. If you don't want the money - you don't have to accept the gag.
The GMC and I have done business on these aspects and never quite managed a gag but I recognise the give and take scenario. We know about litigation and its pitfalls. I never expected to have global rights to everything - you simply have to accept the way litigation works. Mediation, arbitration and litigation is all about giving and taking. To expect money in the legal world and expect publicity/freedom is probably a little unrealistic. There is no point moaning about it because the legal instrument is a blunt one. There is no such thing as a free ticket in NHS related litigation.
Many ask me why I never sued North Staffordshire NHS Trust. Well it is because I did not want to be caught in the litigation game. Money in my pocket and I suppose I could have had millions would have meant, I could have never raises these issues or talked about them in public. In the end, that was far more important than compensation - that is my view. In any event, North Staffordshire NHS Trust have never been able to control me no matter what they have done.
In the end, you either feel strongly about the issue you raise and go the whole way or you simply settle on a gagging clause and hold your tongue. In my view the choices are very simple. It is PCAW and various whistleblowing clients who view PIDA with rose tinted spectacles. PIDA is a faulty legislation that will never work until it is repealed. You would have to be short sighted to sue under it as a whistleblower.
Nina ends by presenting two cases that have no independently verified evidence based reports. The better tact to have used was the impact on a lack of protection of whistleblowers on patient death rates. Mid Staffordshire NHS Trust is one piece of data and Gosport Memorial Hospital is another piece of evidence based data. This combined with Dave Lewis's research shows us what a disaster zone we are in. It also shows us the negative impact of these failures on Human Life.
So overall, Nina's cobbled together piece as written for the Independent concentrated broadly on speculative gossip as propagated by PCAW. It is badly researched piece that potrays whistleblowers to be victims who deserve money and publicity when this is a unrealistic view for anyone involved in litigation. I don't blame Nina though because she probably spoke to a number of doctors or health professionals who have felt hard done by.
The key in whistleblowing is not to resort to PIDA litigation. Secondly, one must never expect to get money and get to publicise matters of patient safety. This just doesn't happen in the real world of high powered litigation. The NHS is a commercial superpower who makes deals like every business. The NHS cares about its reputation. One cannot blame it for wishing to protect its reputation. It is selfish and wrong and we dislike the NHS for it - but this isn't about justice 0 it is about economics, business and litigation.
And yes, its really bad and really unfair but hey, welcome to the real world. Lawyers don't give money for free and they also have a job to protect satellite litigation. Lawyers aren't interested in justice. They are interested in being paid, getting the best result for their client and reducing future risks. That is their job. The Independent on Sunday is criticising the job of a lawyer. If that is the case, the ways of litigation conducted for hundreds of years have to be changed. That is an unresonable expectation.
The Independent and other newspapers portray these gagging clauses to be some abnormal feature of litigation. Well, it isn't the case that patient litigants are gagged daily when they request compensation claims. Not one doctor will say anything about that affecting patient safety issues. So let us start by removing gagging clauses from the 18.2 million pound compensation claims in the NHS. That poses a greater risk to patient safety than the low level PIDA claims. It is simply that public sector workers are of the view that only they suffer and that only they whistleblow. In reality, the main indicator of patient safety problems in the NHS is monitored by patient complaints. Whether we like it or not, this is true. Gagging these aspects of litigation causes far more extensive harm to patient safety.
Of course, the biggest silencer to whistleblowing are leading newspapers who hardly feature legitimate concerns raised by many whistleblower thereby providing their own supergag. The Independent does not tell us how many whistleblowers they opted not to feature. I am though aware of a few of them. We can commence by referring to their reluctance to feature Ward 87 :). The matter becomes rather different when Nina is found prowling around our website http://www.nhsexposed.com in search of material. One may use our research but it is obviously too much for the posh journalists of the Independent on Sunday to acknowledge the importance of an evidence based verified report on a ward that had hundreds of deaths. It simply becomes a personality clash - between myself and the Journalist who attempted to mislead me. I am not the only person who has found this difficulty with the media - many whistleblowers have.
Right, the Independent On Sunday can now sue me for "linking" to their article :). Let us test that legal theory out and see what kind of gagging clause they wish to implement :)/



