Health Ombudsman v Bobbermien

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Bobbermien [2022] QCAT 180

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

MIA BOBBERMIEN

(respondent)

APPLICATION NO/S:

OCR270-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

17 May 2022 (ex tempore)

HEARING DATE:

17 May 2022

HEARD AT:

Brisbane

DECISION OF:

Judicial Member R Robertson

Assisted by:

L Dyer
J McNab
M Ridley

ORDERS:

1. In respect of allegations 1 and 2, the Tribunal decides the respondent has behaved in a way that constitutes unprofessional conduct pursuant to section 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld).

2. In respect of allegation 3, the Tribunal decides that the respondent has behaved in a way that constitutes professional misconduct pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld).

3. Pursuant to section 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the Respondent is reprimanded.

4. Pursuant to section 107(3)(b) of the Health Ombudsman Act 2013, the conditions in the attached schedule of conditions be imposed on the respondents registration (in terms of exhibit A)

5.     Each party must bear their own costs of the proceedings.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PRACTITIONERS – NURSES – DISCIPLINARY PROCEEDINGS – where respondent was an enrolled nurse on duty during a night shift at a private acute mental health unit – where patient was in a high risk category in accordance with the policy of the owner of the clinic – where policy required the patient to be sighted every 15 minutes throughout the entire shift – where respondent and/or her supervising registered nurse colleague were required to complete a sighting sheet with the times noted – where respondent only undertook some sightings and signed for sightings she did not make – where supervising registered nurse conducted a sighting of patient at 4:34am and discovered she was not in her bed – where patient was found hanging in the bathroom – where respondent and her colleague conducted resuscitation efforts – where patient was in a coma for some days but recovered with no evidence of permanent harm – where respondent alleged and the uncontested evidence suggested that the sighting and recording practices in the clinic were not strictly followed – where contrary to the policy and not as a result of the decision of the respondent or her colleague the patient was able to retain personal items from which she was able to obtain a ligature

SANCTION – where the respondent resigned from the clinic and had taken time away from nursing – where the respondent now works at the Gold Coast University Hospital assisting Mothers who have significant mental health difficulties and young babies – where the respondent has commenced a University Degree in Nursing -  whether the respondent has demonstrated insight and remorse – where general deterrence is important – whether a suspension is not required to protect the health and safety of the public

Health Ombudsman Act 2013 (Qld) 107

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