Doctor says promises of legal protection not enough to allowhim to speak out publicly Page 1 of 3 Doctor says promises of legal protection not enough to allow him to speak out publicly BY SHEILA PRATT, EDMONTONJOURNAL.COM APRIL 20, 2011 11.02 AML EDMONTON — Dr. Tim Winton, former head of lung surgery in Edmonton, says legal protections offered by the Health Quality Council review are not adequate enough to allow him to speak about health issues and practices raised in the legislature in recent weeks or his own “unexpected” departure from medical practice. Winton, now teaching at the University of Alberta, has come under increasing public pressure from opposition politicians and others to come forward to speak to two issues under review by the Health Quality Council — the intimidation of doctors and the allegations that people died unnecessarily on lung cancer waiting lists between 2003-06. Ina letter sent to The Journal, Winton said he approached the HQC “in confidence" recently and told them he “is not in a position to testify” due to “legal and ethical obligations.” “Despite assurances advanced by the Health Quality Council, the premier and the health minister, | also remain constrained by contractual arrangements related to the roles and responsibilities | assumed when | arrived in Edmonton,” the letter says. ‘Winton's statement makes no specific reference to cancer waiting lists or allegations to physician intimidation but refers to public controversy about “regional health authority management practices and health service delivery concems that have been the focus of attention in the Alberta legislature.” ‘The HQC closed-door review was set up by the Stelmach government after allegations of physician intimidation were raised by former lung surgeon Dr. Ciaran McNamee, who claimed in a lawsuit he was pushed out of his job at former Capital Health. McNamee named Winton in the lawsuit Shortly after Winton arrived in Edmonton in 2000, McNamee left the city on a leave of absence and later took a position as an instructor at Harvard University and area hospitals. McNamee alleges he was pushed out of his job as head of thoracic surgery at Capital Health for ‘advocating on behalf of his patients and that his mental health was called into question. Robert Bear, former chief clinical officer, as well as Capital Health, were also named. ‘The case was settled out of court in 2006, \Winton’s letter said that he “suocessfully defended his actions” in the lawsuit which was raised in the legislature. He said he maintained confidentiality “as required” even though staying quiet put him “at considerable disadvantage professionally and personally.” http://www.edmontonjournal.com/story_print.html?id=46439728sponsor= 20/04/2011Doctor says promises of legal protection not enough to allow him to speak out publicly Page 2 of 3 Winton also said in the letter he "was not a party to and has no direct knowledge" of any settlement in the case. Details have not been made public. ‘Winton has refused repeated requests for interviews to explain his role in McNamee's departure or why he suddenly he stopped practising medicine. In the letter, he said he cannot discuss his “unexpected withdrawal from clinical practice" or other management roles at former Capital Health due to “confidentiality obligations.” Opposition Leader David Swann identified Winton last week in the legislature as a doctor who could ‘come forward if there was a public inquiry with legal powers to subpoena witnesses. “Irecognize the interest in securing my participation and would welcome the opportunity to provide evidence in an appropriate forum where the root causes of increasingly contentious issues can be ‘comprehensively evaluated,” Winton's letter said. It makes no mention of a public. The Alberta Medical Association late last week shifted its position and called for a judicial public inquiry into physi intimidation. Winton ion his touched on how the controversy has affected his far “Personally, it has been particulary difficult for my family and me to be forced to silently revisit a very challenging and difficult period in our lives.” Winton in 2000 was a star recruit from the University of Toronto with 200 lung transplants on his resume when he arrived in Edmonton with a mandate to build the thoracic surgery as a separate department from cardiovascular surgery. Winton declined Tuesday to be interviewed about his letter. spratt@edmontonjournal.com Text of Winton’s letter to the Journal April 18, 2011 To whom it may concern, | have followed with interest the debate regarding the Government of Alberta's regional health authorities’ management practices and health service delivery concerns that have been the focus of attention in the Alberta legislature and extensively covered in the provincial and national media for months. http:/hwww.edmontonjournal.com/story_print.html?id=46439728sponsor= 20/04/2011Doctor says promises of legal protection not enough to allow him to speak out publicly Page 3 of 3 Personally, it has been particularly difficult for my family and me to be forced to silently revisit a very challenging and dificult period in our lives. Our déja vu was initially provoked by public disclosure of serious allegations directed at me contained in a lawsuit. This occurred despite the fact that | successfully defended my actions in the matter several years ago. Most importantly, at the time and since, I have maintained confidentiality as required at considerable professional and personal disadvantage. | was nota party to and hence have no knowledge of the settlement, presumably made between the corporate defendants, plaintiffs and related parties, which was referenced in the legislature and in related media coverage. Recently personal acquaintances, politicians, organizations and the media have requested | come forward and comment on the above as well as my unexpected withdrawal from clinical practice and the related management and program development leadership roles | previously held. This has made circumstances even more difficult. Suffice it to state that | continue to be bound by professional and personal confidentiality obligations. | wish, however, to assure the Honourable members of the legislative assembly, multidisciplinary colleagues in health care delivery, education, research and admi have the privilege of working, as well as the people of Alberta, that | have responsibly heeded their calls. | have come forward in confidence to the management and appropriate board members of relevant organizations to the extent permitted by confidentiality constraints. With due consideration of my current personal, professional, legal and ethical obligations and limitations, | have provided perspective, identified legislative authority and process concerns and most importantly, notified the Health Quality Council that | am not in a position to testify. Despite assurances advanced by the HQC, the Premier and the Health Minister | also remain constrained by contractual arrangements related to the roles and responsibilities | assumed when | arrived in Edmonton. ration with whom | continue to | recognize the interest in securing my participation and would welcome the opportunity to provide evidence in an appropriate forum where the root causes of increasingly contentious issues can be ‘comprehensively evaluated in a manner in which the public has confidence. Expeditious re- establishment of public trust in the many vitally important public and private organizations involved demands no less. Timothy L. Winton, © Copyigt () The Esmonton Jounal http:/www.edmontonjournal.comy/story_print.html?id=4643972&sponsor= 20/04/2011