Page - 495 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

495Risking It All: Providing Patient Care and Whistleblowing During a Pandemic Health Care Providers as Whistleblowers Many definitions of “whistleblowing” exist; we adopt Mannion and Davies’ definition: “the disclosure to a person or public body, outside normal channels and management structures, of information concern- ing unsafe, unethical or illegal practices.”27 Throughout this pandemic many workers have provided vital information about the existence of the virus itself,28 outbreaks at different facilities, and the failure of governments and institutions to adequately address the virus, for example, by failing to provide appropriate PPE.29 Whistleblowers have been variably characterized as “heroes” and “snitches,” despite criticisms of these polarizing characterizations.30 The decision to blow the whistle can have significant conse- quences. Most disturbing have been criminal penalties imposed by the state, including imprisonment and fines.31 More commonly, we have witnessed a range of professional consequences, such as discipline or dismissal by the employer; disciplinary procedures for members of a regulated health profession; and retaliation by peers.32 Health care providers may also suffer personal consequences, including physical and psychological harm.33 Whistleblowing by health care workers is not new. Most widely known in Canada are the health care workers who reported public 27. Russell Mannion & Huw TO Davies, “Cultures of Silence and Cultures of Voice: The Role of Whistleblowing in Healthcare Organisations” (2015) 4:8 Int J Health Policy Manag 503 at 503 [Mannion]. 28. Ankita Rao, “Doctors Have Been Whistleblowers Throughout History. They’ve also Been Silenced”, The  Guardian (8 April 2020), online: <https://www.theguard- ian.com/education/2020/apr/08/coronavirus-doctors-whistleblowers-history- silenced> [Rao]; Hillary Leung, “‘An Eternal Hero’ Whistleblower Doctor Who Sounded Alarm on Coronavirus Dies in China”, Time (7 February 2020), online: <https://time.com/5779678/li-wenliang-coronavirus-china-doctor-death/>. 29. Nicholas Kristof, “‘I Do Fear for My Staff,’ a Doctor Said. He Lost His Job”, The New York Times (1 April 2020), online: <https://www.nytimes.com/2020/04/01/opin- ion/coronavirus-doctors-protective-equipment.html> [Kristof]; Avery Haines, “Whistleblower Says Workers at Nursing Homes Aren’t Being Given Protective Gear”, CTV News (31 March 2020), online: <https://www.ctvnews.ca/health/ coronavirus/whistleblower-says-workers-at-nursing-homes-aren-t-being-given- protective-gear-1.4877005>. 30. Mannion, supra note 27 at 503-504; Marilou Gagnon & Amelie Perron, “Whistleblowing: A Concept Analysis” (2019) Nurs Health Sci 1 at 5-6 [Gagnon]. 31. Rao, supra note 28. 32. Kristof, supra note 29. 33. Gagnon, supra note 30 at 6.