Nurse suspended from work

Sophie.Preston1991

Hi all,

I hope you could give advice if possible.

Somebody who works for a local health board has been suspended from work (this isn't me BTW).

The allegation is that she assaulted a drunk patient whilst treating him which caused bruising. The patient already had lots of both new and old cuts and bruises at admission.

She has spoken to the police as the guy pressed charges.T hey investigated it as an 'Offence against the person' but there was No Further Action and therefore no police charge.

She has held this role for 11 years and loves it. Four years ago whilst working in a different section, a formal complaint was brought by the family of a patient for using foul and abusive language. The patient was an elderly male and had been there for a few weeks in which time she and the patient built up a good rapport and the patient was game for a laugh and enjoyed the banter.

His family rarely visited but on this particular occasion in conversation with both his family and the nurse, he said "You'll be glad for me to go home so you won't be beaten in cards" and laughed. The nurse's reply was exactly this: "Beaten me, my !!!!! I wiped the floor with you the other night!", to which the patient laughed. Despite this, she was suspended pending a disciplinary investigation, during which she admitted saying what was alleged and admitted in hindsight that although she felt she knew the patient well enough to talk like that, she perhaps misjudged it around the family. She was allowed back to work with no sanction whatsoever.

Now however, she has been invited into a disciplinary hearing and in the copy of the report she has received, it mentions this previous incident and states that due to the previous complaint, "Her professional ability to uphold the values of XXXXX Health Board must be questioned".

To perhaps make matters worse for her, during the course of the investigation another member of staff has said that although she didn't see what was alleged (assault), she feels 'intimidated and uncomfortable' by the accused's presence, although she has never raised a grievance about this.

The accused is a genuinely lovely person and despite what is being said about her, embodies what the NHS should be about. She's of the mindset that 'truth with prevail' but it looks like they want to sack her.

They say that this amounts to Gross Misconduct.

Your interpretation of what might happen is appreciated. Her union are far too relaxed about this situation which can either mean they think nothing will come of it, or they haven't grasped the situation. It must be said though that the union hasn't got a great success rate at the hospital.

Thanks.

x

Savvy_Sue

Given that she's in the union, she MUST rely on them. She could approach the union's regional office if she thinks she needs stronger support than she's getting from the local rep.

MovingForwards

She needs to seek professional advice from her union as this will probably go to her regulator for investigation once the internal investigation has concluded.

Blatchford

There are no Health Boards in England. Is this Scotland or Wales?

Undervalued

Sophie.Preston1991 wrote: »

She has spoken to the police as the guy pressed charges.T hey investigated it as an 'Offence against the person' but there was No Further Action and therefore no police charge.

She has held this role for 11 years and loves it. Four years ago whilst working in a different section, a formal complaint was brought by the family of a patient for using foul and abusive language. The patient was an elderly male and had been there for a few weeks in which time she and the patient built up a good rapport and the patient was game for a laugh and enjoyed the banter.

It is important to understand that the employer and NMC may well take a different view to the police as the standard of proof is not the same.

A criminal charge would have to be proved beyond a reasonable doubt (you might say 98%).

An allegation of gross misconduct is proved if the employer, after conducting a reasonable investigation, considers it more likely than not that the misconduct took place. In other words 51%.

As others have said she needs professional advice. Normally that would come from her union. If she is not happy with what they are providing she can of course consult a private solicitor. However, if she does so, the union will withdraw all support. So think very carefully before going down that route.

ohreally

Given her fitness to practice therefore her professional registration is in jeopardy, she needs to get an experienced rep or full time officer involved ASAP. Given your comment re the union I'd be inclined to call the branch office and speak with the secretary.