From the Editor: Some advice I hope you won’t need. But, if you see fit to file a complaint about a policy, an institution, a repetitive wrongdoing, or a colleague AND a retaliatory lawsuit is filed against you or your institution, do not allow yourself to be “gagged” by a settlement. This restriction of speech of the parties involved is used to “make the issue go away” and hide it from the public. This can prevent the original complainant/you from speaking about the issue again. You will be “silenced,” and the wrongdoer escapes any accountability.
Why does it matter? If you have the courage to go forward with a formal complaint, you will undoubtedly endure blowback such as distain from some colleagues, damage to your reputation, and many other negative consequences. If the issue is important enough, those expected responses may be tolerable. Legal gagging gives away the power to speak about the issue, explain the circumstances, describe how it affects an organization or patients, and there will be no hope of your sacrifice contributing to any notable change. You will pay a major price and NEVER be able to help others avoid a similar circumstance. If you do choose to violate the gag order, you will be subject to legal peril.
The effects of not being able to speak openly are many. First and foremost, you will have betrayed yourself. The pain you endured to make a valuable point will go to waste since you are unable to answer questions about it. The humiliation of mandatory silence is long-lasting and does not recede if you go elsewhere to work as most whistleblowers do. It lives on in your memory, how you reorder your goals, and the trajectory of your career.
Next, any wrongdoing or crimes against patients may happen again since there are no public safeguards. If no one knows, the offense is likely to be repeated, and innocent uninformed individuals may suffer.
There will be lingering questions about your credibility, reliability, competence, loyalty, and potential to “report again.” This follows you even into another practice opportunity. You may be considered a liability who needs to be “watched.” You may also be shunned by certain individuals who know some version of the story.
Here is the most important point. If you make a report to an institution or practice who employs you, you “belong to them.” If a lawsuit against you is filed for speaking up, they can make legal decisions on your behalf and may not share them with you until a settlement is completed. It is best to retain an attorney who represents only you rather than relying on a corporate attorney who is beholding to the institution/practice who employs them. They serve the entity who pays the fees. This is true no matter what the attorney may say. In the end, “It’s business, not personal,” to them.
Can one recover from the effects of being gagged for what they did “right?” Yes, to some extent. Focus is best directed forward. Looking back will not be beneficial. Stay productive and purposeful. Reorder your professional goals and maintain your standards. Recalibrate your dreams. Support others seeking to make positive changes. Pass on the word about “legal gagging” so no one unknowingly sacrifices their freedom to speak out.
