Dr Otto Chan is a consultant radiologist, married with 6 children, who whistleblew on several issues relating to patient safety, training issues in radiology and terms of employment for flexible trainees.
He was summarily dismissed for alleged gross misconduct on the 7th June 2006 by The Barts and London NHS Trust, having been through an HC(90)9 disciplinary procedure.
The HC(90)9 panel found serious deficiencies in his behaviour towards managers, but with mitigating circumstances, emphasizing the lack of leadership of The Medical Director, The Assistant Clinical Director and The Head of Training as contributory to all the problems. The panel decided Dr Chanís disciplinary proceedings did not emanate from whistleblowing, and accepted the managersí contention that they arose because of his behaviour towards them. In doing so the panel failed to take proper account of managementís underlying reasons to dismiss him, namely his history of drawing to the Trustís attention its shortcomings and failures compromising patient safety, and Dr Chanís frustration at their uncompromising attitude to his concerns.
The chairman of the panel was selected by the Trust. The HC(90)9 panel also stated that The Trust might have difficulties in taking him back, but on balance, they invited BLT to reinstate him with less exposure to managers, emphasizing universal support from the trainees, substantial clinical support and significant support from his RLH colleagues, his contribution to service and training and his expertise, which the panel felt would be impossible to replace. Despite this, he was summarily dismissed for alleged gross misconduct by BLT on the 7th June 2006.
He has taken legal action against BLT and is awaiting a High Court hearing and an Employment tribunal with a view to getting reinstated.