Whistleblowers: Herald Article - December 2015
Letter from Rab Wilson:
Whistle blower retires with her career in Scotland ruined
Dr Jane Hamilton now advises any doctor thinking of blowing the whistle in Scotland to think very hard before doing so as it has ruined her professional life.
The consultant perinatal psychiatrist has been working in Hull where her specialist expertise has been warmly welcomed. But her family is settled north of the border and she has finally found the weekly commute too demanding.
“It would appear they would rather have nobody than have me,” she said.
She and her family had moved north in 2007 because Dr Hamilton had been appointed to the Mother and Baby Unit (MBU) at St John's Hospital in Livingston. Her national reputation in the care of mothers with severe psychiatric problems had been recognised when she was asked to help draw up the UK guidelines before her appointment in Scotland.
By the end of 2007 she raised concerns over how the unit was being run and shortly afterwards warned in writing that patients could die. Two women patients subsequently took their own lives and the family of one is now suing the health board for medical negligence.
In June Erin Sutherland pled guilty to culpable homicide after she smothered her 10 month old baby Chloe.
Her doctor sought specialist help when Chloe was eight-months old, but support was not offered by the MBU. The suggestion made in court that post-natal depression was not deemed to be a problem after six months, was subsequently challenged by Dr Hamilton.
After raising concerns Dr Hamilton was off with stress related illness, then worked elsewhere but wasn’t allowed to return to the unit, officially leaving NHS Lothian earlier this year.
A more recent investigation by NHS Lothian, which is not to be published despite appeals, is understood to have found no fault with Dr Hamilton’s professional abilities nor did it criticise her actions.
In the aftermath of the controversy over an alleged attempt by NHS Lothian to gag her in a compromise agreement for her to leave, something the health board has always vehemently denied, ministers effectively outlawed the future use of any such clauses by public bodies.
Meanwhile Dr Hamilton has become an active member of the recently founded campaign group A Safe and Accountable People’s NHS in Scotland (ASAP- NHS) , which is calling for the setting up of a genuinely independent NHS regulatory body.
Dr Hamilton said: “I didn’t want my career to end like this, but it is clear to me my reputation has been irreparably damaged."
She doesn’t believe her concerns were ever properly investigated, and added: “Of course health employees should blow the whistle, but should realise they may end up paying a very heavy price.”
Neil Findlay Labour MSP for Lothian, said:“Jane Hamilton’s case is shameful. Here we have a women with an unblemished career who has been victimised and effectively blacklisted from getting a job in Scotland for the ‘crime’ of raising concerns about patient safety and poor practices in what should be a national centre of excellence.”
He said people who want to make our health care better should not be treated this way.
But a Scottish Government spokeswoman said whistle-blowers were being protected. Health boards had to ensure it was safe for staff to speak about any concerns, particularly patient safety, which would be investigated.
Ministers were also committed to establishing an Independent National Whistleblowing Officer, to provide an independent and external review on the handling of whistleblowing cases in NHS Scotland.
COMMENTS
I only know what I have read in this article and find it amazing that a health board should be in charge of investigations that might involve poor or bad practice at it's own board level. When we had several police forces any impropriety was investigated by another force. Surely where lives are at risk the investigators need to be as independant of those investigated as possible, and evidence of "black listing" or somesuch equivalent punished by compulsory resignations at the highest levels.
We all deserve to know the reason something is wrong in any of our public services and only too often do we read stories like this. It takes a brave person to stand up against failures but they seldom get the support they deserve from other colleagues of a more timid nature. In-house enquiries into major issues raised by someone like Dr Hamilton deserve better and should be investigated by someone out with the organisation highlighted by the complaint. The old chestnut about "fighting City Hall" is still alive and kicking those who dare to raise suspicions on practices and failings within an organisation.
When you speak against all things public sector you will be shut out by their club and be in no doubt it is a big one. this lady will have know the consequences of her honesty when she blew her whistle.
My thoughts are with the unwaged carers and mothers, of mental health service users and psychiatric survivors. Taking the strain. Feeling the pain. Resisting the pressure. In defiance.
Whistleblowers are encouraged and rewarded in well run competent organisations,the NHS wastes billions and is run by "managers" who are totally out of their depth and us fear and smear tactics to deflect attention from their own incompetence and outrageous remunerations.All the parties involved in this smear campaign should be investigated and every public service department should have a designated official who encourages staff feedback.
This is absolutely chilling
Last edited: 1:37pm Sat 26 Dec 15
The Scottish Government spokeswoman is quoted in this report as saying that "whistleblowers are being protected".
Like Dr Jane Hamilton my experience as an NHS Consultant working in Scotland has been otherwise.
I have put on record my experience of raising concerns in NHS Scotland. In attempting to raise concerns about patient safety I was isolated, mischaracterised and had my professional reputation stained. After 13 years as a Consultant, with an unblemished record, I resigned from NHS Forth Valley in June 2014.
This post explains why: Why I resigned from NHS Forth Valley http://wp.me/p3fTIB-uz
After I resigned I found that I had difficulty getting a job and sources have indicated that my references may have been re-worded by senior NHS staff.
The "Confidential Alert Line" is effectively useless: staff listen but have no power and return the caller to their NHS Board procedures. The same happens if one tries to raise concerns about patient safety with the Scottish Government.
I can't help reflecting that, if consultants like myself and Dr Hamilton encounter these difficulties, patients and carers must feel even more disempowered.
Dr Peter J Gordon
Bridge of Allan
[writing in a personal capacity and in my own time]
We've lost the plot and have forgotten that if public money is being spent, the public are fully entitled to know what's happening to their investment.
As a previous NHS Whistleblower in Scotland I must speak out about this article.... see the letter above at the start.