Diary of a Whistleblower

Diary of A Whistleblower
September 29,2007

I have a 15-year old cockatiel named Scarlett, and if you whistle to her, she whistles back and then asks you, “Did you fart?”. I should ask my employer that because what they did to me this week really stinks.
My hospital had been in the local news regularly since January this year because of unsafe conditions and sub-par patient care, leading to the forced departure of key hospital administrators, the typical way the division had tried to solve this problem. This notoriety led to the Department of Justice investigation of the hospital last week from September 17-21 for violations of the law under CRIPA (Civil Rights of Institutionalized Persons Act). The week before the site inspection, division leaders and lawyers briefed all hospital personnel about how to conduct themselves in the investigation. Staff were told that a division lawyer will always be present during DOJ interviews, that staff should answer only the question asked and not to add information or elaborate on the answers, or to volunteer information. Staff was also told that the lawyers may tell them not to answer certain questions. The atmosphere in this briefing was heavy. It had the feel of a courtroom trial. We dreaded the coming week. The month before , the division hired consultants to conduct a mock DOJ survey so deficiencies can be identified and corrected before the real investigators from the Federal government arrive. The State has a lot at stake. DOJ can shut the hospital down and the State will forfeit Federal dollars. It can mandate corrective actions and force the State to allocate emergency funding to get the hospital in compliance. The leadership warned hospital staff that they could lose their jobs if the DOJ finds adverse conditions.
On the 4th day of the DOJ visit, September 20, a code was called after a patient acted out violently during his interview in the office of one of the psychiatrists. For several agonizing minutes, the psychiatrist was trapped in the office and could not summon for help. During the debriefing, the focus was to demonstrate to the DOJ the policies and procedures of the hospital governing these incidents. Up to this point, with only one day remaining for the investigation, none of the adolescent unit clinical staff had been interviewed, management staff had been the only ones providing information. I could see that the other psychiatrist, a new hire and a very petite woman, was still very shaken, and I became angry. I interrupted and declared that this incident illustrates the inadequacies of staffing and unsafe condtions of the unit and there are many concerns that bother us. This prompted the DOJ to invite us to express our concerns, and I and the other doctor and 3 nurses talked with them. I took the lead and outlined all the problems, then the rest added their piece. The hospital lawyer and division medical director were there, and did not make any comment. I was waiting for the lawyer to structure my answers but he didn’t say anything. The next day, Friday, at morning rounds I joked that if on Monday the team hears that I’ve resigned, that they should not believe it, they should know that I’ve been fired.
On Wednesday September 26, I was summoned by the division medical director at 11:30 AM and informed that there are numerous complaints about me by staff and parents, necessitating my transfer to the adult unit, and requiring that I receive counseling from the hospital clinical director so that I can improve both personally and professionally. Furthermore, although this is the first step in a disciplinary action, this will not be written up and therefore will not appear in my personnel file. This change will be effective on Monday, October 1st. Wow! I was astounded and commented that after all this is accomplished I should emerge shining. I asked for details of the complaints but he couldn’t give any. He referred me to the hospital clinical director and I met with him the next morning. The latter could not give me any more specific details. I asked where are these complaints, so I can have my rebuttal, as is my prerogative. He informed me that it would be to my benefit if all these is not in writing, but he’ll look into the files and show me the complaints. I asked for a copy of my personnel file. I commented that this change could be very demoralizing to the team. He dismissed it, pointing out that my transfer would be best in the long run. I said I will not be subjected to counseling even if it is not written up, as I do not accept the connotation. When I pressed he reminded me that my position is unprotected, that my being transferred is at the discretion of the medical director, and he advised me that it is in my interest to comply. My jaw practically dropped, I saw what was happening, and I couldn’t believe it!

The other unit psychiatrist, who I recruited and on the job only 2 1/2 months was seen by the hospital clinical director while I met with the division medical director and encouraged to remain in her position, and assured that improvements will be taking place. The adult psychiatrist whom I’d be replacing so he can take my place in the adolescent unit was flabbergasted and his staff very upset.

I informed my team during Thursday’s morning rounds, telling them simply that effective Monday I will be transferred to the adult unit. There was stunned silence, then an outpouring of sentiments and a spontaneous mobilization towards action. A letter was drafted and sent to the hospital medical director, team representatives asked for a meeting with the hospital leadership, and as a unified body, the unit gave me its support. I was deeply moved, and I was overcome with my emotions. This gave me the confidence and courage to reassert myself and restore my self-image, and emerge from that state of confusion, self-doubt,helplessness,impotence, and fatality.

Now I’m on a roll. I have a cause and I am right. I called friends who can give me advice. One is a director of a mental health system in New York who deals with state personnel matters, one is a lawyer who was a successful litigant in a discrimination suit. I had an appointment immediately with my cognitive therapist so I can sort out all the distortions and manage my emotions. I googled the Department of Justice website, the US and Georgia State Labor department, the ACLU, the Georgia state government and personnel policies, OSHA, the EEOC. I filed a phone complaint with EEOC and am following up with research on which agency has jurisdiction over my case, and what laws apply. I’ve set up an appointment with a law firm who had succesful litigation experience with similar cases. I cleaned up my office and safeguarded my correspondence and documents. I went to my family and friends who reminded me I’m a good person, and that I’m loved and I can just be the way I am. It was serendipitous that we took our child psychiatry fellow for an end-of-rotation dinner on the evening when this case burst open. Bathed in the light of the harvest moon hanging over my balcony, I smoked a Havana and sipped Remy Martin with this young man who used to follow the Grateful Dead, and I was reminded of my youth in the 60’s. Then where the times were a’changin’, we dreamed of a world of freedom and love and peace. I’ll see what Monday brings.