Health Ombudsman v Mberi

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Mberi  [2022] QCAT 179

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HELATH OMBUDSMAN

(applicant)

v

JEAN MBERI

(respondent)

APPLICATION NO/S:

OCR295-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

16 May 2022 (ex tempore)

HEARING DATE:

16 May 2022

HEARD AT:

Brisbane

DECISION OF:

Judicial Member J Robertson

Assisted by:

J McNab
L Dyer
M Ridley

ORDERS:

1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Respondent has behaved in a way that constitutes professional misconduct.

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

3. Pursuant to section 107(3)(b) of the Health Ombudsman Act 2013 (Qld), the conditions in the attached scheduled of conditions be imposed on the respondents registration.

4.     No order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PRACTITIONERS – NURSES – DISCIPLINARY PROCEEDINGS – where respondent was a registered nurse in charge of an enrolled person and 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 enrolled 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 patient came to nurses station at 3:54am and spoke to the respondent about certain medication and returned to her room at 3:57am – where respondent 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 respondent resigned from the clinic but has worked always in mental health and is a highly qualified mental health nurse now working in child mental health an accepted area of high need in health care with a  shortage of trained nurses – where respondent has a prior disciplinary history in the UK and in Queensland – where the event occurred 4 years ago – 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

Craig v Medical Board of South Australia [2001] 79 SASR 545

Health Care…