Because of their efforts to ―Tell
Truth to Power Medical Whistleblowers often become themselves victims
of crime. Medical Whistleblowers are often retaliated
against by those whose criminal wrongdoings the Whistleblower is
exposing. The types of crimes Medical Whistleblowers can be victims of
include: bullying in the workplace, witness intimidation and obstruction of
justice, physical assault, sexual assault, sexual harassment, stalking, privacy
violations, illegal break and entry, criminal conspiracy to violate Civil
Rights, and many others. Medical Whistleblowers need to get adequate
protection so that they can ―Tell Truth to Power without intimidation by those
who are criminally involved. Law Enforcement officials need to act
pro-actively to prevent repeat victimization of Medical Whistleblowers. The risk of re-victimization
increases with each victimization. Criminal cases are lost because
of the inevitable loss of physical evidence and the loss of testimony of
witnesses due to intimidation. Many Medical Whistleblowers are unable to
withstand the onslaught of the oppressive retaliation that includes threats to
remove their medical licenses, which then proceeds without due process to a
kangaroo court (Bad Faith Peer Review) and a loss of their medical license and
right to practice their chosen profession. The grueling nature of being a
victim of this kind of workplace psychological violence has often driven
Medical Whistleblowers to desperation and poverty. Some Medical
Whistleblowers who have exposed millions of dollars of Medical Fraud have even
faced homelessness in spite of their professional credentials and
competence. Others have even been so distraught about their inability to
get Due Process and Protection under the Law, that they have re-sorted to the
act of suicide. The most fundamental principle of ethical behavior is ―Do
No Harm, this is true in the law enforcement field as well as the medical
field.
“Very often a
victim’s first view of the criminal justice system is the law
enforcement officer who responds to the scene of the crime.
It is critical
that this officer be well trained and informed about victims’ rights and
services.
If this
officer does not refer the victim to appropriate assistanceand compensation
programs, that victim may never receive the help needed to heal.”
Joe Brann,
Director of Community Oriented
Policing
Services Office,
U.S.
Department of Justice
By working to prevent repeat victimization, police can prevent
serious negative effects on the Whistleblower, reduce the occurrence of crime
and enhance individual and community safety. Medical Whistleblower as an
organization is willing to work with Law Enforcement agencies in order to
address the safety issues of Registered Medical Whistleblowers to develop
strategies to maximize the Medical Whistleblower’s safety and security through
safety planning.
“Victims
should be treated with compassion and respect for their dignity.
They are
entitled to access to the mechanisms of justice and to prompt redress,
as provided
for by national legislation for the harm they have suffered.”
U.N.
Victims Declaration, 1985, paragraph four
Who is a
Victim?
Article 1
UN Victim’s Declaration 1985 defines a victim under International Law as: “Victim of
crime is any person, or group of persons, that individually or collectively,has suffered
harm, including physical or mental injury, emotional suffering, economic loss
or substantial impairment of fundamental rights, through acts or omissions that are in
violation of criminal laws operative within Member States, including
those laws proscribing criminal abuse of power.”
What about
indirect victims? UN Basic Principles and Guidelines (2005)
“Persons who
individually or collectively suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial
impairment of their fundamental rights, through acts or omissions that
constitute gross violations of international human rights law, or serious
violations of international humanitarian law. Where
appropriate, and in accordance with domestic law, the term ‘victim’ also includes the
immediate family or dependants of the direct victim and persons who have
suffered harm in intervening to assist victims in distress or to prevent
victimization.”
In other
words, witnesses, dependents of a direct victim, friends and other relatives,
non-governmental organizations (juristic persons)
“In honouring
the victim’s right to benefit from remedies and reparation, the
international community keeps faith and human solidarity with victims, survivors and
future human generations, and reaffirms the international legal
principles of accountability, justice and the rule of law.”
Preamble,
E/CN.4/2000/62
Anyone with access to information related to medical fraud, abuse and
neglect can be a Medical Whistleblower. Surprisingly Medical
Whistleblowers can come from many different professional disciples and
although they can be doctors, nurses, pharmacists, therapists,
researchers, and even patient and their families, they can also come
from the ranks of police officers, federal law enforcement agents,
certified public accountants, attorneys, judges, prosecutors, active
military, and veterans.
