Nurse Who Slept Whilst On Duty Is Given A Caution Order For Five Years, UK

Main Category: Nursing / Midwifery
Also Included In: Medical Malpractice / Litigation
Article Date: 18 Apr 2008 - 5:00 PDT

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A nurse who slept whilst on duty has been given a caution order for five years following an NMC hearing in London earlier this week.

Nadia Muscolino, 50, was employed as a Junior Sister at Bedford Residential and Nursing Home in Leigh and was responsible for the care of 30 vulnerable and highly dependent patients.

In making its decision, the independent Conduct and Competence Committee panel accepted evidence from two senior managers at the home, who both said that Muscolino was asleep in a chair whilst on duty. The incident happened while she was working on the night shift at the care home in June 2005.

Muscolino accepted 'resting her eyes' in letters and interviews or 'having forty winks', but denied being fully asleep and unaware of her surroundings. The NMC panel did not accept her version of events.

Muscolino was not present for the hearing which took place at the NMC's headquarters in central London. The panel also heard that she has expressed no regret for her misconduct and considered her explanations lacking in insight.

Despite her limited engagement with the process, the panel did accept that this was an isolated incident in a nursing career of 29 years. The panel also heard that there has been no repetition of this behaviour.

By giving Muscolino the maximum caution order of five years, the panel was satisfied that its duty to ensure public protection had been fulfilled.

NMC spokesman, Colin Joseph, said: "Muscolino's sleeping while on duty could have caused patient harm. The panel has a duty to protect patients and decided that a five year caution order was sufficient to protect the public."

Notes

The Nursing and Midwifery Council (NMC) is the UK regulator for two professions, nursing and midwifery. The primary purpose of the NMC is protection of the public. It does this through maintaining a register of all nurses, midwives and specialist community public health nurses eligible to practice within the UK and by setting standards for their education, training and conduct. Currently the number of registrants exceeds 674,000. The Nursing and Midwifery Order 2001 (The Order), sets out the NMC's role and responsibilities.

Nursing and Midwifery Council