Victoria Pagan is a senior lecturer at Newcastle University and she researches how knowledge is used and violated alongside morality and ethics. She explores tensions between secrecy and transparency and the use of non-disclosure agreements when misused to silence those with less power.

keywords

Non-Disclosure Agreements, NDAs, organizational behavior, ethics, power dynamics, silencing, victim support, legal perspective, moral perspective, workplace misconduct

summary

In this conversation, Victoria discusses, with David and Naomi, the implications of non-disclosure agreements (NDAs) in various organizational contexts, particularly focusing on their misuse to silence victims of misconduct. She explores the tension between secrecy and transparency, the moral versus legal perspectives on NDAs, and the psychological impact on individuals who are bound by these agreements. The discussion also highlights the power dynamics at play, particularly regarding gender, and emphasizes the importance of finding ways for victims to share their stories safely. Ultimately, Victoria advocates for a more supportive and accountable organizational culture that prioritizes the voices of the marginalized.

takeaways

• NDAs can be used to silence victims of misconduct.
• The misuse of NDAs raises ethical concerns in organizations.
• Power dynamics often dictate who gets silenced.
• Victims may feel they cannot speak out due to fear of disbelief.
• Legal protections for victims are often inadequate.
• The language surrounding NDAs can be deeply impactful.
• Organizations need to foster a culture of accountability.
• Restorative justice offers a potential path forward.
• Sharing stories can be a powerful form of healing.

Victoria Pagan is a senior lecturer at Newcastle University and she researches how knowledge is used and violated alongside morality and ethics. She explores tensions between secrecy and transparency and the use of non-disclosure agreements when misused to silence those with less power.

keywords

Non-Disclosure Agreements, NDAs, organizational behavior, ethics, power dynamics, silencing, victim support, legal perspective, moral perspective, workplace misconduct

summary

In this conversation, Victoria discusses the implications of non-disclosure agreements (NDAs) in various organizational contexts, particularly focusing on their misuse to silence victims of misconduct. She explores the tension between secrecy and transparency, the moral versus legal perspectives on NDAs, and the psychological impact on individuals who are bound by these agreements. The discussion also highlights the power dynamics at play, particularly regarding gender, and emphasizes the importance of finding ways for victims to share their stories safely. Ultimately, Victoria advocates for a more supportive and accountable organizational culture that prioritizes the voices of the marginalized.

takeaways

• NDAs can be used to silence victims of misconduct.
• The misuse of NDAs raises ethical concerns in organizations.
• Power dynamics often dictate who gets silenced.
• Victims may feel they cannot speak out due to fear of disbelief.
• Legal protections for victims are often inadequate.
• The language surrounding NDAs can be deeply impactful.
• Organizations need to foster a culture of accountability.
• Restorative justice offers a potential path forward.
• Sharing stories can be a powerful form of healing.

Keywords

restorative justice, patient safety, healthcare, grief, medical harm, complaint process, legal journey, systemic change, Jo Hughes, Jasmine, healthcare, restorative justice, patient safety, moral repair, learning culture, shame, grief, accountability, healthcare staff, patient harm

Summary

In this conversation, Jo Hughes shares her profound journey following the tragic death of her daughter, Jasmine, due to medical harm. Jo discusses her transition from grief to advocacy, emphasizing the importance of restorative practices in healthcare. She highlights the lack of curiosity from medical professionals in the aftermath of her daughter's death, the challenges she faced in navigating the complaint process, and the lengthy legal journey that followed. Jo reflects on the systemic issues within healthcare that prioritize risk management over patient and family needs, while also expressing hope for future improvements in patient safety and care responses. In this conversation, Joanne Hughes discusses the importance of creating a just and learning culture in healthcare, emphasizing the need to understand and learn from events that cause patient harm. She highlights the complexities of healthcare, the fallibility of human beings, and the necessity of transparency and accountability. Hughes introduces the concept of 'Restorative Lens,' a consultancy aimed at applying restorative practices in healthcare settings. She stresses the importance of moral repair and the need to balance learning from harm with the emotional impacts on patients, families, and healthcare staff. The conversation concludes with a call for a deeper understanding of moral injury and the obligations of healthcare systems to address these issues.

Check out these papers that Jo recommends;

https://onlinelibrary.wiley.com/doi/epdf/10.1111/hex.13478

https://www.frontiersin.org/journals/health-services/articles/10.3389/frhs.2024.1473296/full

https://www.researchgate.net/profile/Chris-Marshall-11/publication/335626259_Justice_as_care/links/61ea176ac5e3103375ac7252/Justice-as-care.pdf

Jo is a busy working Mum who lives in Cambridgeshire, where she enjoys walking her two labradors at sunset , releasing the stresses of the day by taking in the wonder of the fenland sky at dusk.

Director of Restorative Lens, Jo provides Restorative Practice Consultancy, Co-design, Facilitation and Training within Healthcare. Jo has a particular interest in Restorative responses to Patient Harm from safety Incidents.

The tragic death of her first child Jasmine in 2011 has inspired this choice of career. While restorative responses to baby and child harm are her passion project, Jo helps healthcare organisations prioritise wellbeing, trust and healthy relations in all activity, supporting staff wellbeing and quality patient care, supporting workplace conflict resolution, restorative leadership and healthy team dynamics as frequently as patient facing restorative work.

Jo is a trustee of the UK Restorative Justice Council, a member of the Restorative Justice All Party Parliamentary Group working group for Restorative Practice in Healthcare, and a member of the International Collaborative for Restorative Initiatives in Healthcare. As co-Founder of the Harmed Patients Alliance, she undertakes pro-bono work aimed at addressing the causes of compounded harm for patients and their families injured by their care, with current focus on development of the Harmed Patient Pathway”