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Published on December 07, 2024
Whistleblowing Surgeons Face Prolonged Battles for Justice in Phoenix and Middlesbrough Despite Legal VictoriesSource: Google Street View

Whistleblowing might be a vital means of holding institutions accountable, but a grueling fight for reparation often mars the road to justice for those who dare to speak up. Recent cases involving healthcare professionals signal that the struggle persists, despite court victories.

At the Phoenix Veterans Affairs Medical Center, Dr. Maher Huttam, who was instrumental in exposing patient care issues, continues to face a financial stalemate with the agency over an employment discrimination case. Despite a federal administrative judge ruling in his favor in 2018, and an EEOC order for additional payment in 2022, he's still awaiting proper compensation more than two years later. "I was exonerated, and that was proven through the EEOC proceedings," Huttam stated, as ABC15 reported. His allegations of being fired under a pretext related to his Muslim faith, and in retaliation for reporting unfair treatment, highlight a dark intersection of religious discrimination and whistleblower suppression.

The saga doesn't fare much better across the pond for Middlesbrough consultant surgeon Manuf Kassem. After raising concerns about patient safety at North Tees and Hartlepool NHS Foundation Trust, including issues that could lead to complications and avoidable deaths, he faced a prolonged 78-week disciplinary process. Kassem, who experienced what an employment tribunal acknowledged as harassment and racial discrimination, has only recently been awarded £578,643 in compensation, as noted by The Doctor, a publication of the British Medical Association (BMA).

While the confrontations these two doctors faced serve as stark reminders of the tribulations whistleblowers can expect, they also underscore a fundamental issue within healthcare systems globally: the safety concerns raised by these individuals are not being addressed promptly, or with the gravity they deserve.

Huttam's ordeal with the VA continues to ripple through his life and career, and the question remains as to when, or even if, the agency will fully comply with the EEOC's order. The VA's refusal to comment further entrenches this uncertainty. In the case of Kassem, despite the tribunal's affirmation of his experience with racial discrimination, he continued to endure the strains of legal challenge alongside his ongoing medical duties during the COVID-19 pandemic. He now advocates for greater regulation of management in the NHS, a conversation that's gaining traction as the Department of Health and Social Care conducts a consultation on the future governance of NHS managers.