Nurse Struck Off For Sexual Assault On Elderly Patient, UK

Main Category: Litigation / Medical Malpractice
Also Included In: Nursing / Midwifery
Article Date: 28 Jul 2008 - 4:00 PDT

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A 59 year old nurse from Sittingbourne, Kent has been struck off the Nursing & Midwifery Council (NMC) register for conviction of a sexual assault against an elderly and vulnerable patient in his care.

Harry Perera was convicted at Maidstone Crown Court in March 2007 of sexual activity with a person with a mental disorder impeding choice and was sentenced to 18 months imprisonment and given a sexual offences prevention order until further notice. The independent Conduct and Competence Committee panel hearing of the NMC into Perera's fitness to practise found his conduct displayed the clearest possible breach of the fundamental provisions of the NMC's Code of Conduct.

In making their decision to issue a striking off order, the panel referred to the Judge's sentencing remarks and considered that Perera continued to deny his guilt. Perera had never apologised or expressed regret, had displayed no insight and it was the panel's opinion that Perera's actions required a high degree of premeditation and planning. The panel commended the care worker who drew Perera's conduct to the attention of her employers as the patient's condition meant she was unable to complain or give evidence herself.

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

"Perera committed a serious assault on a vulnerable and elderly patient, which constituted a serious departure from the standards set out in his professional Code. The Code states that registered nurses must protect and support the health of patients, maintain appropriate professional boundaries in relationships with patients, and behave in a way that upholds the reputation of the profession. The circumstances of the offence raised the possibility of a continuing risk to patients, and the panel were in no doubt that it was in the public's interest to issue a striking off order.

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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