“The Special Rapporteur wishes to recall that, from a human rights perspective, drug dependence should be treated like any other health care condition. Consequently, he would like to reiterate that denial of medical treatment and/or absence of access to medical care in custodial situations may constitute cruel, inhuman or degrading treatment or punishment and is therefore prohibited under international human rights law. Equally, subjecting persons to treatment or testing without their consent may constitute a violation of the right to physical integrity. He would also like to stress that, in this regard, States have a positive obligation to ensure the same access to prevention and treatment in places of detention as outside.”
— Manfred Nowak
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
(Geneva, January 14, 2009)
“Police officers are gaining a renewed understanding of their role as victim advocates. As victim advocates, police officers are an integral part of community efforts to prevent crime,
reduce fear, and support victims.”
Chief (ret.) Drew Diamond, Senior Research Associate,
Police Executive, Research Forum
Every police officer when sworn into office, commits to upholding the nation’s prime guarantor of rights, the U.S. Constitution. To be effective, a police department and its individual officers must be seen primarily as protectors of civil rights. The effectiveness of police in their varied missions— from law enforcement to community service—depends on the trust and confidence of the community. Public trust and confidence are severely reduced when individuals’ civil rights are compromised. Leaders in Law Enforcement must clearly convey a simultaneous commitment to effective law enforcement against criminal behavior within the medical community and civil rights protection for both patients and their advocates (Medical Whistleblowers). Without this protection the medical community will lose its trust in law enforcement and all cooperation and potential partnership with the police to meet common goals will be undermined.
“I discovered long ago that among the most effective advocates
I have seen are the survivors, those who have channeled
their pain and anger into activism to achieve lasting reforms.”
Attorney General, Janet Reno,
August 15, 1996
Here at Medical Whistleblower we encourage our Registered Medical Whistleblowers to cooperate and collaborate effectively with our Law Enforcement partners. The community policing philosophy emphasizes the importance of problem-solving partnerships. Law enforcement professionals have shown over and over again that crime and disorder problems are most efficiently and effectively solved when all the stake-holders are represented in the solution. Medical Whistleblowers represent dedicated advocates for the victims of medical fraud, patient abuse and patient neglect caused by a failure to protect the vulnerable in our society. Patient abuse can be physical, financial, emotional, psychological or sexual abuse. Medical Whistleblowers represent significant sources of intelligence about criminal activity and violation of patients rights within the medical community due to their unique access to information not readily available to law enforcement.
"Everybody is entitled to their own opinions, but not their own facts."
Senator Patrick Moynahan
Medical Whistleblowers often do not know how to report and adequately interface with law enforcement. Medical Whistleblowers often have too little information about police procedure and what happens during the initial response to and subsequent investigation of a crime. Interaction with a Medical Whistleblower by the field police officer should include an educational component designed to increase understanding and facilitate the Whistleblower’s active participation in problem-solving. It is necessary to be proactive in efforts to provide necessary support and advocacy for the Medical Whistleblowers in order to build collaborative problem solving relationships, so that Law Enforcement can effectively combat criminal activity within the medical community.
“Crime victims’ rights laws strive to give victims’ standing
in the criminal justice system, which is all about them,
but has traditionally been without them.”
State Senator William, Van Regenmorter,
Chairman of the Judiciary Committee
Preventing Re-Victimization of Medical Whistleblowers
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.”
Resources Available to Law Enforcement
Medical Whistleblower offers 50 brochures on various subjects related to the issues about ―Blowing the Whistle in the Medical Community. These brochures are available at no cost as pdf files to any Law Enforcement agency wishing them. Due to budgetary constraints Medical Whistleblower does not usually mail printed brochures but will e-mail the pdf files to your agency at your request. In addition Medical Whistle-blower is able to provide to any verifiable Law Enforcement agency or officer a free subscription to Medical Whistleblower’s Newsletter— Canary Notes, which is published monthly. There is no cost to the Law Enforcement Agency or officer to receive a copy of Canary Notes but a valid e-mail address is necessary to complete your order. If instead your agency wishes to obtain printed materials, then please write to arrange to cover the cost of printing and mailing the materials. Medical Whistleblower is able to arrange for professional presentations and consultations by our Medical Experts for a fee, on a wide range of topics of interest to Law Enforcement. Please write to us to request a list of possible program topics or suggest an area of your interest. We hope to hear from you and be able to meet your request.
Said a clever quack to an educated physician:
"How many of the passing multitude, do you suppose, appreciate the value of science, or understand the impositions of quackery?"
"Not more than one in ten," was the answer.
"Well," said the quack, "you may have that one, and I'll have the other nine."
"In a time of universal deceit, telling
the truth is a revolutionary act."
— George Orwell
well-packaged web of lies has been sold gradually to the masses over
generations, the truth will seem utterly preposterous and its speaker a raving
lunatic"~ Dresden James
“The ultimate ignorance is the rejection of something you know nothing about and refuse to investigate.” - Dr. Wayne Dyer
"Truth and any progressive spirit is opposed by a thousand mediocre minds appointed to guard the past." ~ Maurice Maeterlinck
"Contempt, prior to complete investigation, enslaves men to ignorance."
- Dr. John Whitman Ray