Protection for whistleblowing

Keep it Legal

What has whistleblowing got to do with doctors working in private practice? Isn’t that an issue relating to doctors in employment only? The recent employment tribunal case of Shoukrey v BMI Healthcare Limited shows this is not the case, warns Paul Spencer.

Mr Mamdouh Shoukrey is a consultant surgeon and he is employed by Dorset County Hosp­ital NHS Foundation Trust. He also worked at BMI Healthcare Limited, where he had admitting rights. 

He raised a complaint in a report to the Care Quality Commission against a well-established colleague concerning an operation the colleague performed on a private patient of Mr Shoukrey at BMI Healthcare Ltd without notifying Mr Shoukrey. 

Mr Shoukrey considered that the procedure employed by his colleague was unsafe and that his actions in operating without telling Mr Shoukrey were unprofessional.

This report became a substantial dispute between Mr Shoukrey and his colleague. The colleague complained about Mr Shoukrey and, as a result, BMI Healthcare withdrew his admitting rights.