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Litigation / Medical Malpractice News

Newly Qualified Nurse Struck Off, UK

Main Category: Litigation / Medical Malpractice
Also Included In: Nursing / Midwifery
Article Date: 17 Jul 2008 - 1:00 PDT

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A 26 year old registered nurse from Welling, Kent has been struck off the Nursing and Midwifery Council (NMC) register for failures in sharps handling and disposal.

Newly qualified Jemma Breslin was working at Queen Elizabeth NHS Trust in February 2007 when she was charged with going against the hospital's procedure and policy by administering a controlled drug without the assistance or witness of a colleague. She also went into the sharps container to retrieve a disposed vial of controlled liquid medicine which she had listed in the records as 'wasted'. She then withdrew the medicine by using a needle and syringe and placed the syringe in her pocket.

The independent Conduct and Competence Committee panel heard evidence from a co-worker that she found Breslin alone in the treatment room with the controlled drugs cabinet open with boxes of morphine open on the table. Breslin had drawn morphine into two syringes, which she explained was to ensure "accuracy". The panel found that Breslin's actions were in breach of the hospital's written sharps disposal and controlled drugs policies, as well as the NMC's Code of conduct.

In making their decision, the panel accepted that there was a culture of carelessness regarding controlled drugs and sharps on Breslin's ward. They also considered that Breslin was newly qualified, worked on a busy ward and appeared to be inadequately supported and monitored. However, the NMC Code states that a nurse is accountable for her own practice and as such, the panel decided a striking off order was the most appropriate sanction.

Commenting on the panel's decision, NMC spokesperson Kristy Hempel said:

"Breslin's actions represent a serious departure from the standards set out in the NMC Code. Her actions could have caused direct patient harm and though she admitted one of the charges and expressed remorse, she denied two other charges. The panel considered that as the charges occurred over two consecutive days this showed a pattern of behaviour and they deemed the incidents to be deliberate. A striking off order was issued to protect public confidence in the nursing profession and the NMC."

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




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