I will offer any no win no fee lawyer $35% of the outcome of this simple  walk in the park easy win legal case defending my right to be alive and the medical malpractice and professional negligence of Dr John Campbell Whitaker of Millenium Medical Centre in Footscray, Victoria 3011.

Key facts and primary evidence:

I went to my GP Dr John Campbell Whitaker of six years at Millenium Medical centre, Footscray, in August 2018.

I recorded this session not out of malice - but because I was isolated and thought I was going crazy, that I was not being ever valued or listened to, and I was suicidal.

 

I had spoken with Dr Whitaker about this many times as his lawyers' records demonstrate.  He never ever questioned how unwell I was, not acted upon it, although on occasion he would give me a mental health plan.

 

Listen to the below evidence - he was dismissive and seemed not to care when I told him I would kill myself.

I am not ashamed I tried to kill myself. With help like this - it's not surprising. I survived though - a miracle - and I will honour my ethics and values of what is right - and my own self - worth. Even by standing up by nature of this web page against systemic conspiratorial corruption; I have WON.

I was actively suicidal and told him so, and that I would act on it. Having done ethics at a PhD level I know there is due process for this. None happened

Please indulge me in listening to this recording below from August 2018 of that primary evidence as I tell him in the consultation about the numerous ways I would kill myself. Note the tone of his reaction - it is uninterested, rude, non-compliant to professional standards, and he then rejects me - in tone - by not acting - and shockingly by what he says.

Listen as I beg for a psychologist or psychiatrist. He replied: 'I don't know anyone'.

I was agasp. He also told me: 'You're so smart - you will 'fall between the cracks'', essentially utterly rejecting me. He had given up all hope on me. What did he mean by that?

This is professional negligence and medical malpractice. Plain and simple.

 

I did see Dr Whitaker again - because he was my 'go-to person'. As I said I did not record this consultation out of any malice or intention whatsoever - it was just something I pressed record on before I went in - just to double-check later I was not going crazy. I am well familiar with gaslighting and being the scapegoat in my life.

 

However, sadly I did attempt suicide, weeks after this recording was taken. I have omitted the suicide note here because it is angry and personal, identifies family as an issue and also my childhood sexual abuser - and that is before the courts.  It makes me so sad.

 

Any lawyer that takes this on i will reveal all of my evidence - which has been collected over two years, and there is plenty of it.

 

As if Dr Whitaker's malpractice and negligence are not bad enough - he then - in that very session - after I explained my plan to die - prescribed me a fatal dose of Tramadol - which I then used for the attempt.

Here is a tip - if someone says they are suicidal and will act on it- at the very least ask if they are serious - and do not actively give them a fatal dose of opioids!

 

 

Now you have heard the recording I will stand by what I have always said - to many people & organisations including: lawyers who would not take me on, Dr Whitaker, The Mental Health Legal Centre, Millenium Medical Centre, AHPRA, The Police, Lawyers I have seen in person, the Local Footscray Police, Senior Investigators from the Police Criminal Investigations Unit, the Medical Board Of Australia (The Board), all staff at AHPRA, The Health Complaints Commissioner, and now to Preya Mckenzie, at NHPOPC  who is the Government department that is responsible for examining if AHPRA did their job properly... I told all of them:

'Besides this being a clear case of medical malpractice and professional misconduct...

 

If I had died on that extremely determined suicide attempt, and my friends and family found this recording on my phone or on my computer, - then if it was used as evidence Dr Whitaker could possibly be charged for manslaughter.'

I'm sure you will agree his professional conduct is disgusting, and that it is a clear case of medical malpractice. I am asking any no-win-no-fee lawyer, or even the media or a journalist,  to contact me on 0400639248.

 

I will not answer unknown numbers - please leave a message as I fear reprisal.

Medical malpractice is different from medical negligence - whereby I need to prove 10-% incapacity from the occurrence, and even though I am so distressed with survivors guilt, I want to sue not for medical negligence, but medical malpractice, and professional misconduct.

I have included other recordings here, showing my distress and isolation.

Here is Gemma mainland from AHPRA indulging me in being able to provide a transcription of the above recording - AHPRA warned and cautioned me I would be sued and worse if I publish it.

Good luck!

What do you want - my debt?

The second button is when I came forth and told them that I was recording the conversation as evidence.

They terminated the call.

What are they hiding?

I repeat, If Dr Whitaker has done nothing wrong, and AHPRA are supposed to protect the interests of the public safety, then they should have both welcomed evidence of the session in the recording AND the transcription to expel him from any wrongdoing!
This is a systemic conspiratorial cover-up!
I've been diagnosed with many things in my time - a paranoid schizophrenia one of them - but there is a reason I am rationally paranoid!
Here is evidence Dr Whitaker 'retired' suddenly or 'went AWOL' while this all blew over:
I have tried to bring this injustice to light through many systemic organisations.
Quite simply, every place institution the police, AHPRA and others investigating AHPRA have attempted to silence me and my recording.
Bluntly, if the GP did nothing wrong - he would welcome the publication of the recording or have examiners listen to it to expel him from any wrongdoing.
This is not the case - so I am going public.
If nothing comes of it - then at least i have made the issue public and I have stood in my power aligned with my ethics and my values of justice.
I have already won.
Here is the Police saying, after they heard the recording and ordered an investigation, that nothing has been done wrong, their 'detective' has investigated it thoroughly, yet they did not follow up with any evidence at all.
They also rejected me.
Yet as we know AHPRA are siding with the GP who has power privilege and money and lawyers.
They are hoping I will go away.
I refuse to.
The odds are stacked in his favour, as I have no money, no privilege, no representation, I have been fighting this for nearly two years on my own, with no help - and not one of the organisations has asked if I am ok.
I have never received an apology.
No one is caring for me.
I am.
I finished my PhD by the way - and now ironically, I work for the NDIS getting amazing results with people affected by trauma.

Since I tried to defend the GP's interests before mine and received no apology, this is what I now want, because I am putting myself first for once.

I have been strong and fighting this battle on my own for way too long.

Justice is waiting.

  • Be valued as a human being,

  • Heard and acknowledged,

  • Cared for,

  • Listened to,

  • And compensated generously.

Yes, I intend to sue, not only the GP, but the systemic conspiracy that covered this up.

Here is a senior Criminal Investigations Police Officer Casey telling me that the recording has not been valued, that it is 'not in their scope', 'take it up with the health Commission', and that when I asked if the first constable had actually validated the recording since he ordered the investigation, she says ' We were not there so we do not know if it exists!'

Unbelievable. They did this to me on the phone too after my many emails to them begging for an answer.

Police don't want to be caught out either, to admit they heard the recording then ordered an investigation, but guess what? They have been because i recorded that too:

In my frustration about getting my recording heard and my existence valued, I complained to the body that investigates AHPRA and The medical Board of Australia. They told me that:

Private and Confidential

5 February 2020

By email: rich@richmclean.com.au

Dear Mr McLean

Notice of investigation

NHPOPC reference: OCF/20/50

I am writing to you today regarding the complaint you made to the National Health Practitioner Ombudsman and Privacy Commissioner (NHPOPC) about the administrative actions of Australian Health Practitioner Regulation Agency (Ahpra) and the Medical Board of Australia (the Board).

The purpose of this letter is to confirm that this office will be commencing an investigation into your complaint.

It is clear that your experience with Ahpra and the Board has been very distressing for you. Please be assured that this office takes your concerns seriously and that your complaint will be comprehensively investigated.

Role of the NHPOPC

The role of the NHPOPC is to ensure that the administrative processes of Ahpra and the Board are fair and reasonable. We cannot change a decision made by Ahpra and the Board, but we can make recommendations or suggestions if we have any concerns.

In particular, this office does not have the power to take action against a practitioner or award compensation. Instead, this office will only be investigating the administrative actions of Ahpra and the Board in relation to the notification you made about Dr John Whitaker. This means that an investigation by our office looks carefully at whether Ahpra and the Board have followed proper processes and acted in accordance with any relevant legislation, policies and procedures.

Your complaint concerns Ahpra and the Board’s handling of the notification you made about Dr John Whitaker. You told us that:

  • on 7 August 2018, you attended Dr Whitaker’s rooms for a consultation

  • you recorded the conversation between yourself and Dr Whittaker during the consultation

  • this recording was undertaken without Dr Whittaker’s knowledge, although you state that you

    recorded the conversation, not out of malice, but because you believe that you were not getting the

    help that you needed

  • you informed Dr Whitaker that you were undergoing stress, depression, isolation and suicidal

    ideation
    GPO Box 2630, Melbourne, Victoria 3001 | t: 1300 795 265 | e: complaints@nhpopc.gov.au | w: www.nhpopc.gov.au

  • Dr Whitaker did not address your concerns or offer you any support such as recommendation to a psychologist or a psychiatrist

  • Dr Whitaker further prescribed you a high dosage of Tramadol which you later misused in an attempt to commit suicide

  • on 10 May 2019, you made a notification about Dr Whitaker to Ahpra

  • during this time, you also provided Ahpra the recording of 7 August 2018

  • Ahpra refused to provide the recording to the Board for consideration

  • you subsequently made a transcript titled “Meeting between Dr Whitaker and Rich Mclean on 7th

    August 2018” and provided it to Ahpra. Ahpra responded stating that this document was not a transcript but your recollection of events which occured, and that Dr Whitaker had the opportunity to “mark up” the words before it was presented to the Board

  • on 8 November 2019, you were invited to attend a face-to-face meeting at Ahpra whereby you were provided with a letter informing you that the Board had decided to take no further action in relation to your notification

  • you have repeatedly asked Ahpra to email the letter with the Board’s decision to you, but to date, Ahpra has not emailed this letter to you

    Issues for investigation

    I have identified the following complaint issues for investigation:

  • whether the Board considered all the available information to enable it to form a view that Dr Whitaker’s performance was appropriate and does not pose a risk to public health and safety

  • whether Ahpra properly followed established legislation, policy and procedure when determining that the recording of 7 August 2018 not be put to the Board for consideration

  • whether it was reasonable for Ahpra to conclude that the document titled “Meeting between Dr Whitaker and Rich Mclean on 7th August 2018” was not a transcript, but a recollection of events, which needed to be considered and “marked up” by Dr Whitaker before the Board made its determination

  • Desired resolution

    In addition to getting a clearer and better understanding of the Board’s decision, you have specifically requested that I listen to the recording of 7 August 2018 and confirm that the events which took place on that day are exactly same as the document titled “Meeting between Dr Whitaker and Rich Mclean on 7th August 2018”. I informed you that I will consider the documentation you provided to me in accordance with the relevant acts and legislation.
     

  • In Victoria, the law1 permits the communication or publication of private conversations only in circumstances where there is consent of both parties, it is necessary in the public interest or where there are legal/disciplinary proceedings on foot. In this instance, it is my understanding that Dr Whitaker did not consent to the recording or the publication of this recording, and this matter is not currently before a tribunal.

    In determining whether it is in the public interest to communicate or publish a recording, one of the factors Ahpra considers is whether the evidence from the recording is available by any other means and is required to protect the public and to ensure patient health and safety. In the course of my investigation, I will consider whether Ahpra correctly applied its policy and procedures in deciding not to put your recording to the Board for consideration when making its determination.

    1 Surveillance Devices Act 1999 (Vic)
     

GPO Box 2630, Melbourne, Victoria 3001 | t: 1300 795 265 | e: complaints@nhpopc.gov.au | w: www.nhpopc.gov.au 2

I am hopeful that our investigation will enable me to form a view on whether or not the Board was presented with complete and appropriately detailed information before making its decision, whether it was open to the Board to decide to take no further action in the circumstances, and whether the decision was communicated to you by Ahpra in a correct and meaningful way.

NHPOPC contact

I will now write to AHPRA to request that it provides information to me about your complaint. Once I have received a response from AHPRA, I will contact you again to provide you with an update.

You are welcome to contact me at complaints@nhpopc.gov.au, or on 1300 795 265 if you have any questions.

Yours sincerely

Preya McKenzie

Investigator

GPO Box 2630, Melbourne, Victoria 3001 | t: 1300 795 265 | e: complaints@nhpopc.gov.au | w: www.nhpopc.gov.au 3

SO: I called her, and I recorded it.
Not only won't she listen to the evidence, or the transcription, she basically admitted the evidence is cooked, there is a conspiracy, she is a pawn of the organisation she works for, and that it is essentially useless for me because she will not provide me a timeline, I cannot overturn the boards decision, not identify them, and additionally that the decision will not be changed period.
This is absolute waffle.
So I recorded myself accosting her on the facts and it is very telling:
Please listen.
This just about sums it up.

Settlements for malpractice out of court are usually in the realm of $200k but now I have published the evidence I expect it will go to court. If no one listens, I have stuck up for myself - and for others who may fall under Dr Whitaker's care - and I have won anyway.

I have stood in my power, and I am proud of that, for acknowledging my ethics and values and speaking truth to power and corruption.

 

I expect this will be a groundbreaking case, because whilst at the start it was a consensual conciliation between The Health Complaints Commissioner and Dr Whitaker and I - his legal team got wind of the primary evidence below and set their cronies onto me, those people indicted in the tampering of evidence and the systemic cover-up.

 

I had originally begged Dr Whitaker to come to conciliation so I would not have to report him to AHPRA because I liked him and even gave him many gifts, however, he did not value my life or express remorse - so I am now not focussed on his career, his well being, and separating the emotion from the crime that was committed-medical malpractice and professional misconduct.

 

I have never received a follow-up, an apology, enquiries about my wellbeing from any of these above associations.

I have essentially - been silenced.

I have value and worth as a human being.

 

 I know a crime when it is committed.

I am not dead I will not go away, and I will defend my rights; for myself and for others in the same boat.

Please call 0400639248 and leave a message.

Oh and if you want to sue me now Ball and Partners, or Dr Whitaker, feel free to do so - you cal have all my debt.

I am sure a court would look really favourably on jailing or fining a depressed suicide survivor.

I repeat:

If Dr Whitaker had done nothing wrong he would have welcomed primary evidence to clear his name of any wrongdoing.

Now that this is published, a couple of years of weight has been lifted.

I hope this never happens to anyone else.

© Richard Mclean 2019,

Melbourne, Australia / Disclaimer 

 

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