Dirty Operating Equipment Gets Nurse Struck Off, UK

Main Category: Medical Malpractice / Litigation
Also Included In: Nursing / Midwifery
Article Date: 20 May 2008 - 5:00 PDT

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A 56 year old nurse from Plymouth who allowed unsterilized operating equipment to be used in surgery has been struck off the register following a hearing by the independent panel of the Conduct and Competence Committee for the Nursing & Midwifery Council (NMC).

Petronella Oberholzer was a registered nurse at the Plymouth Peninsula NHS Treatment Centre in June 2006 when she failed to check that the operating equipment was sterilised prior to a patient's surgery. She also falsely signed another patient's record stating that she had checked that the operation equipment was sterile when it was not.

The independent panel heard evidence that at the time of the incident Ms Oberholzer was on her final warning from her employer, and had taken no rehabilitative steps or shown any insight into her actions. Considering the serious nature of her mistakes and the potential harm posed to patients, the panel concluded that Ms Oberholzer's actions were fundamentally incompatible with remaining on the register.

Agnieszka Dobrogowska, 31, also a registered nurse at the Plymouth Peninsula NHS Treatment Centre, faced the same charges as Ms Oberholzer but was let off with a three year caution order. The panel's decision was based on Ms Dobrogowska's early admission of the charges and her expression of regret, and took into account that Ms Dobrogowska was at the time suffering the effects of a difficult pregnancy. She also provided a number of testimonials and showed genuine commitment to her profession as a nurse, leading the panel to decide that the public will be sufficiently protected by issuing Ms Dobrogowska with a three year caution order.

Responding to the panel's decision to strike Petronella Oberholzer from the register, NMC spokesperson Kristy Hempel said:

"The actions of Ms Oberholzer constitute serious failures in her practice as a scrub nurse and breach the NMC Code of professional conduct. The Code states that 'you must act in such a way that justifies the trust and confidence the public have in you', 'you are personally accountable for your practice' and 'you have a duty of care to your patients who are entitled to receive safe and competent care'. Ms Oberholzer put vulnerable patients in her care at risk and considering her poor employment record the panel concluded that a striking off order was in the best interests of the public and profession."

The Nursing & 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 & Midwifery Council