Will whistleblowing doctors be gagged?
stuart | 19.07.2003 15:19 | Health
* BBC story:
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** BMA website article:
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Here is a shortened version of the original concerns, followed by the recent announcement, with links to the sources with the full versions.
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5th June 2003 UK
DOCTORS could be prevented from exposing waiting list fiddles under the terms of a draft contract drawn up by the Government, it has been claimed.
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But consultants' leaders have warned that the model contract contains a "gagging clause" which could deter doctors from exposing politically-driven waiting list fiddles.
The contract states: "You have an obligation not to disclose any information of a confidential nature concerning patients, employees, contractors or the confidential business of this organisation.
"Any disclosure other than to members of NHS staff immediately and properly concerned, or as required or permitted by law, will render you subject to disciplinary action and could be regarded as gross misconduct and make you liable for dismissal."
Nizam Mamode, joint deputy chairman of the BMA's Central Consultants and Specialists Committee, said this would stop doctors from acting as advocates for their patients.
He told the British Medical Association newspaper BMA News that the extra conditions amounted to an attack on civil liberties.
"This goes way beyond patient confidentiality," he said.
"It would mean, for example, that all the things we've been saying recently about managers fiddling figures and employing extra staff while surveys are taking place to meet targets, would not come out."
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On July 18th:
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18 July, 2003
Following discussions between the Department of Health, the NHS Confederation and the British Medical Association a 'Heads of Agreement' has now been reached...The parties to the agreement will produce terms and conditions of service shortly, which will be placed on [the website
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stuart