Hospital doctors who quit their jobs are being routinely forced to sign "gagging orders" despite legislation designed to protect NHS whistleblowers, it is revealed today.
Millions of pounds of taxpayers' money are being spent on contracts that deter doctors from speaking out about incompetence and mistakes in patient care.
Nearly 90 per cent of severance agreements hammered out between NHS trusts and departing doctors contain confidentiality clauses.
A joint investigation by the Bureau of Investigative Journalism and Channel 4 News has discovered that at least 170 doctors in England and Wales agreed such a settlement with the trust employing them backed up by pay-offs totalling more than £3m.
Fifty-five of the 64 contracts supplied by the trusts to the investigation team contained gagging clauses. The agreements have to be approved by the Treasury. The bureau discovered that a further 19 NHS staff who decided to go to employment tribunals after blowing the whistle on hospital standards eventually settled before their allegations were made public.
The widespread use of "gagging orders" against senior NHS staff who could raise patient safety concerns will intensify the doubts over the protection given to whistleblowers.
Campaign groups claim that NHS managers sometimes resort to intimidatory tactics to deter medics from coming forward, while others that break cover can face years of expense and uncertainty before their cases reach court. The result, they say, is that doctors accept the gagging clauses in order to protect their careers and avoid legal wrangling.
Mike Parker, of the Royal College of Surgeons, said: "The trusts find something upon which they can influence this individual and hold them virtually to ransom, and say: 'You speak up and this will happen.' It's effectively a form of bullying, if you like, but we do hear about this sort of thing happening."
Using Freedom of Information (FoI) requests, it emerged that 71 NHS trusts had entered into these agreements with a total of 170 doctors, although the true figure could be higher, as many failed to respond.
Twenty-two of the agreements were signed at the South London and Maudsley NHS Foundation Trust.
Forty spent a total of just over £3m on the agreements. However, a further 31 trusts simply refused to disclose the size of the payments. Further FoI requests discovered that another 19 health whistleblowers decided to take their cases to court, but abandoned them after signing so-called compromise agreements with employers.
David Bowles, the former chairman of an NHS Trust, told Channel 4 that he believed their use was "endemic". "You shouldn't be at a position of needing a compromise agreement with a whistleblower. You should never get to that point in the first place. You should have listened to the concerns and you should have managed them in accordance with legislation and indeed the NHS's own published code."
Worries over gagging orders in the NHS were underlined by the recent disclosure that Kim Holt, a pediatrician, repeatedly raised the alarm about children's services at St Ann's Hospital in Haringey, north London, more than year before the death of Baby Peter in 2007. Her employer, Great Ormond Street Hospital, reportedly offered her £120,000 to stay silent but she refused. The hospital denied it was an attempt to gag her.
Andrew Lansley, the Health Secretary, has acknowledged that a scandal of care at Mid-Staffordshire hospital went undetected because whistleblowers' warnings went unheeded.
Whistleblowers gained full protection from dismissal or victimisation under the Public Interest Disclosure Act (PIDA) of 1999, which was supported by unions and all political parties. It covers employees in both the public and private sectors.
It followed a succession of cases where whistleblowers had been ignored, including the problems at Bristol Royal Infirmary, where 29 babies and children died after heart surgery. In opposition, the Conservatives said they would give NHS staff the contractual right to report errors and failings to the health regulator without fear of reprisal.
Shonali Routray, a lawyer at the charity Public Concern at Work, stressed last night that the law protected whistleblowers even if they had signed confidentiality clauses.
But she added: "They have a real fear factor and discourage people from raising concerns. The worry is the person who has signed the agreement feels under pressure, or vulnerable, or do not understand their options."
A spokeswoman for the Department of Health said last night: "The Health Secretary has made it clear that patient safety should be at the heart of the NHS and that the improvement of whistleblowing policies is a key part of this ... organisations across the NHS will also need to be clear that whistleblowing is not something that should be regarded as letting down your organisation."
Yesterday: Tax breaks for Blue Staters.
Today: Employment security for public sector unions.
WASHINGTON Legislation to provide billions to save the jobs of teachers and other public workers is on track to pass the Senate, helped along by the votes of a couple of GOP moderates.
Democrats cracked a GOP filibuster on Wednesday, and the House was being called back from its summer break for an expected final vote next week to help cash-strapped states and school districts.
The $26 billion measure would help states ease their severe budget problems and, advocates said, stop the layoffs of perhaps 300,000 teachers, firefighters, police officers and other public employees. Though scaled back, the bill also would salvage a victory for Democrats who have been unable to deliver most of the jobs help they and President Barack Obama promised.
Most Republicans oppose the measure, calling it a payoff to public employee unions and warning that it would make the states ever-dependent on federal money.
The Rev. Joseph Tracy said he's tired of going to funerals. And now, he suspects he'll be going to more of them. "It's open field day now," said Tracy, the pastor of Straightway Baptist Church here. "The criminals are going to run wild."
Gang activity. Drug dealing. Cold-blooded killing. Tracy worries that a decision to shrink the police force by almost 30 percent will bring more of everything.
The pastor voiced his concern on Friday at a raucous special City Council meeting at which East St. Louis Mayor Alvin Parks announced that the city will layoff 37 employees, including 19 of its 62 police officers, 11 firefighters, four public works employees, and three administrators. The layoffs take effect on Sunday.
Parks said the weak economy has robbed the city of badly needed money. For example, revenue from the Casino Queen was $900,000 below budget expectations last year. There are no signs of improvement, Parks said.
"I want our citizens to know we have some of the bravest police officers and firefighters in the country," Parks said. "But we don't have the money to pay them. We have to have fiscal responsibility."
City officials wanted police and fire unions to accept a furlough program that would have required employees to take two unpaid days in each twice monthly pay period. If accepted, emergency responders would have seen a pay cut of about 20 percent for the rest of the year.
Parks said the two sides couldn't reach an agreement. On Friday, he stared at a standing-room only crowd and told his emergency response chiefs words they didn't want to hear: "Tell your workers to start packing their things."
The news spurred shouts from the crowd.
"The blood is on your hands," yelled Michael Hubbard, an East St. Louis police officer.
Hubbard said he will be the lone patrolman for East St. Louis' midnight shift when the cuts go into effect.
"This is devastating," Hubbard told a reporter after the meeting.
East St. Louis has been crippled by crime and poverty for decades. Police officials say the cuts will mean fewer officers for patrols, investigations and juvenile cases. Fire officials said the region should be upset because the department will have fewer people at the ready to fight fires on some of the region's major highways and bridges.
Posted by: Fred ||
08/05/2010 00:00 ||
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See also TOPIX/FREEREPUBLIC > THE TOP FIVE MOST CRIME-RIDDEN US [Federal] JUDICIAL DISTRICTS ARE ALONG THE MEXICAN BORDER.
#5
You would have to have a history book to find out how long East St. Louis has been a pest hole. Likely well before World War I. Even at its peak in the 1950s, it was a destitute, decaying stink pit.
#6
Looks like the city tried to make an acommodation, granted a hard one, and the unions said shove it.
Times are hard, folks. The public sector unions seem to think they have some kind of immunity to them.
Posted by: Deacon Blues ||
08/05/2010 14:21 Comments ||
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#8
Actually, in the 1930s, 40s and 50s, East St. Louis was not a bad town; it had bad neighborhoods but it also had a branch of the major railroad stockyards and slaughterhouses in town. It had several very nice working class clean neighborhoods, with well-maintained houses, no garbage, and safe streets after dark. Then the stockyards and slaughterhouses shutdown, and the city decayed. Now, something along the lines of 90% of the population is on some major form of public assistance, and all the nice working class neighborhoods have vanished or transmuted into slums.
#9
I don't see how this is a bad thing. If we can end war by getting rid of our army, getting rid of the cops should drive the crime rate to near zero. I look forward to seeing the data from this fascinating experiment.
#10
working class neighborhoods have vanished or transmuted into slums.
Posted by Shieldwolf
Great experiment in E. St. Louis in the late 50's and 60's with highrise public housing..... that's until the electricity was turned off for non-payment and the windows were all broken out. The projects have long been raised and hauled away. Been a dismal place for half a century or more.
#12
I guarantee that were 50,000 visas granted immediately to anyone with a college degree to move to East St. Louis for the next few years and work towards citizenship, it would become a great town. Managed immigration is a tool we choose not to use to our sorrow.
Secretary of State Hillary Clinton pressed Americans on Wednesday to donate money to flood relief efforts in Pakistan, saying she is leading by example and just made a $10 donation herself. Well, I must admit, that's ten more than I'm giving...
#4
What should really piss you off is the way the media and the unions helped boost Angle over the other woamn, so that that pathetic POS Reid had a chance to be reelected. Same game that gave us McLame in the last election, and Dole previously. Find the people that engineered that and find a way to out them. That is the real power source. AS for Carly, I'd vote for a sock puppet over Boxer, if for no other reason, because the sock puppet is smarter!
What she said was that the Dhimmicrats are trying to substitute government for god; that government should replace god in our lives. I have no objection to her saying that; she's not "playing the God Card".
Besides, she's right on this one.
I preferred Lowden over Angle, but then again, I don't live in Nevada so it wasn't my call. If I did live there, I'd vote Angle to get Reid out. If in six years I turned out to be unhappy with Angle, I'd vote her out.
Posted by: Steve White ||
08/05/2010 13:05 Comments ||
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#8
To all the athiests here whose panties are in a wad, she is right. This has been a Christian nation. All federally recognized holidays recognize that. No longer. Even comments on conservative blogs such as this one from individuals from the right indicate the people of America have moved away from what has made America a great nation.
"One Nation, Under God". Look at any coin or green back and you will see "In God We Trust".
Deutoeronomy 28
29...you will not prosper in your ways; but you shall only be oppressed and robbed continually, with none to save you. 30You shall betroth a wife, but another man will violate her; you shall build a house, but you will not live in it; you shall plant a vineyard, but you will not use its fruit.
33 A people whom you do not know shall eat up the produce of your ground and all your labors, and you will never be anything but oppressed and crushed continually.
34You shall be driven mad by the sight of what you see.
While Obama and Reid take all you own and give to those who do not even speak our language (and I am sure Reid has a chance to win because of how much people can't stand the notion of God), that will only be the beginning of America's troubles.
#9
Don't worry, I'll never vote for Reid for the following reason: Democrats in 2004-2007 were so against the war in Iraq that much opposition to the US was due to the people of Iraq not being sure if we were going to pull out and leave them to the Baathists and Islamic Fascists.
Harry Reid was a major proponent for us cutting and running from Iraq. This strengthened the opposition to us. So in my opinion Harry Reid has the blood of US servicemen on his hands.
So my vote will be against Reid. I just hate voting for such an idiot as Angle.
#14
Sir, my concern is not whether God is on our side; my greatest concern is to be on God's side, for God is always right Abraham Lincoln - America's 16th President
"Without God there could be no American form of
government nor an American way of life. Recognition of the Supreme Being is the
first the most basic expression of Americanism." Dwight David Eisenhower - America's 34th President
I was raised to believe that God has a plan for everyone and that seemingly random twists of fate are all a part of His plan. Ronald Reagan - America's 40th President
"We have some more differences for you here between President Obama and God. God asks for only 10% of your money. God gives you freedom to live your life as you choose. God's plan to save us is actually written down for people to read." Rush Limbaugh
#16
Maybe I should clarify. My dislike of Angle has nothing to do with her being a person of faith. It has to do with her being an idiot.
Whether or not a person declares they believe in God does not influence my vote because there are so many f*ing hypocrites out there. Case in point, Nevada's other senator, John Ensign.
I thought that was a prerequisite to become Senator or was that for Representatives. The other house simply called for imbeciles. Justices only have to be morons with some ability to read their clerks' writing.
#22
Of the three contenders in the Republican Primary, Reid prayed for Angle to win, his prayers were answered. Gomer Pyle could have beaten him.
This country is "Center Right", not far right. As a Goldwater conservative my position is to the right of the average person, but I try not to let my ideology get in the way of common sense.
I fear that Angle is looking like a Religious Kamikaze and the whole country will suffer for it.
Republican U.S. Rep. Robert Aderholt of Haleyville has become the first member of Alabama's congressional delegation to announce he has joined the new Congressional Tea Party Caucus.
The tea party caucus was formed last month by Republican Rep. Michelle Bachman of Minnesota.
Aderholt announced Tuesday on his Facebook page that he agrees with the tea party movement's support for smaller, more conservative government and has joined the new caucus.
Aderholt said in his Facebook posting that he has gone along with the goals of the tea party movement and voted against health care reform, bailouts and other "liberal spending policies that the majority in Washington has pushed on America."
Posted by: Fred ||
08/05/2010 00:00 ||
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Guess he's looking at his re-election prospects
Posted by: Kelly ||
08/05/2010 15:24 Comments ||
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President B.O. will likely become a "born-again moderate" after the November elections, according to the Senate's top Republican. Nothing leads me to believe he's half that bright...
In an interview with The Hill this week, Senate Minority Leader Mitch McConnell (Incumbent R-Ky.) acknowledged that Obama doesn't call him very often. "I sit by the phone and I wait, but it never rings..."
But he thinks that will be changing soon. "Frankly, I think how much he calls me depends on how much he thinks he needs me," McConnell said. "I don't blame him for that. He's had a huge number [of Democrats] in the House and a big number in the Senate, and I'm sure calling Mitch McConnell is not the first thing on his agenda every day." If the Pubs take the Senate in November they're not obligated to keep this guy as majority leader.
The Kentucky senator who has marshaled unyielding opposition to Obama and Democratic congressional leaders for the past year and a half said he stands ready to work with the White House in the next Congress. He cited common ground with Obama on issues such as trade, nuclear power and the wars in Iraq and Afghanistan. "There are things that he is doing, and there are some things that he says he's for that he's not yet done that could produce more bipartisan agreement, and if there is a mid-course correction in November, I think the president will become a born-again moderate," McConnell said. I doubt if he even has the concept.
McConnell's remarks reveal his confidence about the midterm elections, though he repeatedly refused to forecast the future. "What I would hope, for the sake of the country, is that if there is a mid-course correction, the president will give up on his left-of-center agenda and meet us in the middle," he added. He's so far left of center the center's not even on his horizon.
White House Deputy Press Secretary Bill Burton noted that Obama and McConnell have a meeting scheduled for Wednesday at the White House, adding they meet on a monthly basis. Burton said, "The president has consistently reached out to Republicans and included many of their ideas in every major piece of legislation he's signed. In fact, he's hoping to get Republican support for some policies they've previously supported in the small business legislation that is currently before the body. The president will continue to work with Republicans without regard to this coming Election Day or any other day on the calendar." Then his lips fell off. They shriveled up and began to smoke right before his eyes...
For now -- three months before the election -- McConnell is comfortable attacking Obama and congressional Democrats. "This is a very, very anti-business administration," he said, later calling Democrats "naïve" and accusing them of embracing "Washington takeover" policies.
Posted by: Fred ||
08/05/2010 00:00 ||
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Once again, McConnell (R-Incumbistan) demonstrates (1) his utter cluelessness and (2) why he absolutely, positively must be run out of his leadership post on a rail if the good guys win in November. This jackass and his equally worthless careerist-hack House counterpart Boehner are two of the biggest reasons why the Trunks lost both houses in 2006.
Posted by: Ricky bin Ricardo (Abu Babaloo) ||
08/05/2010 1:24 Comments ||
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#3
Obama's had a great run. Now he tacks to the middle and starts politicing and campaigning.
Yeah, Mitch "Charlie Brown" McConnell will give him another shot, and all the Charlie Browns in the country will sigh and relax. Barack "Lucy" Obama will squeak through in 2012 and veer hard left again.
Losers. Vote them all out. If we don't, we deserve what we get.
#5
McConnell is presuming that because Clinton did this, Obama will as well.
This is a grave error. Clinton had an agenda of Clinton. Obama is a true-believer leftist. If some guy on a blog can figure this out, why can't McConnell and his staff?
Posted by: no mo uro ||
08/05/2010 5:57 Comments ||
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Posted by: Frozen Al ||
08/05/2010 11:23 Comments ||
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#9
Moderate? How about the latest rumor that the August surprise from Zero will be to direct, by Executive power, that Fannie and Freddie forgive all the underwater portion of every mortgage in America that they insure (which is the vast majority). The self-imagined Emperor is simply going to direct we the taxpayers absorb trillions of dollars of debt, buying gratitude and votes. Should that come to pass, there cannot be a greater theft in the history of mankind......
#12
McConnell is presuming that because Clinton did this, Obama will as well. This is a grave error. Clinton had an agenda of Clinton. Obama is a true-believer leftist.
A few other differences:
1) Clinton was a quick study who loved to immerse himself in and master the details of complex subjects-- free trade, fiscal matters, etc. Barry is a BS artist who has no expertise in anything and who, acc. to his pal Valerie Jarrett, is "easily bored" by the stuff that we mortals have to contend with.
2) Clinton had substantial executive experience prior to coming to Washington, having served as a governor for 8 years. Zero has zero executive experience, or managerial experience of any kind at any level.
3) As a son of the white rural lower middle class, Clinton was focused on the needs of people who, in his formulation, "work hard and play by the rules"-- IOW, middle America in the flyover states. Barry's milieu is that of his mom and his pals in Hyde Park: the academic leftist and race-baiting identity politics crowd. His people and his policies serve the people who work hard to GAME the rules.
With his poll numbers dropping through the White House basement floor and his 49th birthday at hand, President Barack B.O. Obama sure could use some real party time with the guys back home in Chicago.
And nothing says "let's party!" like a political fundraiser. Obama will headline one Thursday for his beleaguered basketball buddy, Alexi Giannoulias, who is campaigning as a Democrat for Obama's old Senate seat.
Naturally, all the guests will applaud when Obama gives Alexi a big hug, smiles and says, "My man."
But who are the guys behind the guys who won't be there to soak up the recognition? Shouldn't there be table of empty chairs, to silently honor those who are otherwise indisposed?
I'm guessing that Tony Rezko, the president's benefactor, friend and personal real estate fairy, would love to attend. He was the star of a Sun-Times report published Monday about a $22 million development loan from the Giannoulias family's now-defunct Broadway Bank to a Rezko company.
It would be nice for Rezko to show up. That way, Obama could point, then shout for all to hear: "That's not the Tony Rezko I know!"
Sadly, Tony has no time for fundraisers these days. He's in federal custody, awaiting sentencing on his convictions for political influence peddling.
Rezko has other pending cases, too, including one involving bouncing $450,000 in checks written against his Broadway Bank accounts to pay gambling debts.
The Rezko thing isn't Giannoulias' only problem. Giannoulias is getting thwacked on a daily basis for what Tribune investigative reporters David Jackson, John Chase and Ray Gibson disclosed in April. It was $27.7 million in loans from Broadway Bank to some earthy felons who ran their own street-loan business.
Every 10 minutes or so, Giannoulias' opponent -- the serial embellisher U.S. Rep. Mark Kirk -- and his Republican allies suggest that Giannoulias was a mob banker. "To hear my opponent Congressman Kirk say it's a mob bank is offensive," Giannoulias told WGN-AM morning host Greg Jarrett the other day. "It's dangerously inaccurate. I wouldn't know what a mafia guy looked like if he walked down the street."
OK, fine. But could he recognize Michael "Jaws" Giorango and Demitri Stavropoulos? They received the $27.7 million in loans from Broadway Bank. The majority was loaned when Giannoulias was a senior loan officer. He touted his bank experience in his campaign for state treasurer.
Giorango and Stavropoulos, according to the Tribune, used the money for real estate deals and for street loans -- a curious practice that I'm told is legal.
Giorango was convicted in 2004 of promoting a nationwide prostitution ring. Some of the call girls worked for famous Chicago madam Rose Laws. He was sentenced to two years in federal prison.
Posted by: Fred ||
08/05/2010 00:00 ||
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So Obama delivers a big Union speech about Card check the day before he does a Chi-Town fundraiser? But Im sure thats just a cowinkeedink.
#2
Traffic today in Hyde Park was a bear. From the Ryan all the way to and past Cottage Grove, and then in the neighborhood, we had Chicago and state police just about at every corner, barriers sitting on sidewalks ready to go across streets, etc.
Usual rubber-necking by the clueless which made it even more difficult to get to the hospital.
Posted by: Steve White ||
08/05/2010 12:08 Comments ||
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#3
Move your practice to Atlanta Georgia Doctor White. We need the doctors down here and thankfkully, Barry seldom visits or vacations south of the Mason-Dixon.
In a letter to the EPA the Texas Attorney General and the Texas Commission on Environmental Quality refused to "pledge their fealty to the Environmental Protection Agency". Yes folks, you read the language right. And there's more.
On behalf of the State of Texas, we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring, or amending its laws in order to compel the permitting of greenhouse gas emissions. ... You have declared that EPA's decision ... renders such gases immediately "subject to regulation" ... simultaneously, however, you recognize that permitting greenhouse gases under the Act is "absurd" ...
In order to avoid the absurd results of EPA's own creation, you have developed a "tailoring rule" in which you have substituted your own judgement for Congress's ... the State of Texas does not believe that EPA's "suggested" approach comports with the rule of law. The United States and Texas Constitutions, United States and Texas statutes, and EPA and TCEQ rules all preclude ...
We start with the constitutional difficulties ... each of these objections to EPA's demand for a loyalty oath from the State of Texas would suffice to justify our refusal to make one. Indeed, it is an affront ..."
#4
More and more states are doing this. In VA and MO its healthcare, in AZ its immigration, in TX its crap and trade (not to mention the myriad states that are backing those I just mentioned). MO also has some really interesting legislation on gun rights. The list goes on and on. At the end of the day, if enough states fight back, what can the feds really do about it?
#6
Seems like Obama and his cronies have started immense pushback in many places. Pursuit of the liberal utopian nightmare by statists is causing people to wake up. The toppling of the house of cards has begun.
#9
Sounds like the Supreme Court is gonna be very, very busy when all of these disputes between Obama and the states percolate to the top of the judicial system.
#10
A list of the big State bloc issues that are all basically addressing the same problem, an omnipresent and obnoxious federal government treading on the authority of the States.
1) 10th Amendment Resolutions and Bills.
2) Firearms Freedom and ATF Regulations.
3) Medical Marijuana.
4) Health Care Freedom Act.
5) REAL ID.
6) Bring the National Guard Home Act.
7) Constitutional Tender. (Constitutional Tender laws seek to nullify federal legal tender laws by authorizing payment in gold and silver or a paper note backed 100% by gold or silver within States.)
8) Cap and Trade and EPA Regulations.
9) Federal Tax Funds. (Federal taxes first go to the State governments, which then forward a percentage to the federal government for constitutionally authorized expenses.)
10) Sheriffs First. (Federal agents, to make an arrest, search, or seizure within the state, must first get the advance, written permission of the elected county sheriff of the county in which the event is to take place.)
11) Limitations on Interstate Commerce clause.
Projected future blocs.
12) National Health Care Nullification.
13) Patriot Act Nullification.
14) No Child Left Behind Nullification.
15) State Initiated Constitutional Amendment Without Constitutional Convention.
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.
Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
With his poll numbers dropping through the White House basement floor and his 49th birthday at hand, President 
In a letter to the EPA the Texas Attorney General and the Texas Commission on Environmental Quality refused to "pledge their fealty to the Environmental Protection Agency". Yes folks, you read the language right. And there's more.
