Thursday, 27 November 2008

Undercover nurse charges dropped

Disciplinary charges against a nurse who took part in secret filming for
a BBC documentary at a Brighton hospital have been thrown out at a
hearing.

Margaret Haywood, 58, was up before the Nursing and Midwifery Council
over her role in the Panorama show in July 2005.

But the panel informed the Liverpool nurse on Thursday there was no case
to answer for two allegations she faced.


Undercover Nurse was televised to expose failures in care for the
elderly at the Royal Sussex County Hospital.

The panel said there was no evidence that Ms Haywood had broken the NHS
Trust's whistle-blowing policy by raising "serious concerns" in the
media.

'Disclose concerns'

It also ruled there was no case to answer on another allegation, that
she failed to assist colleagues when a patient was having a seizure on a
ward at the hospital on 20 April 2005.

Ms Haywood has admitted breaching patient confidentiality in relation to
the programme, but denies that her fitness to practise is impaired by
reason of misconduct.

Panel chairman Linda Read said the panel had considered submissions of
representatives of Ms Haywood and the Nursing and Midwifery Council
(NMC) made midway through the London hearing.

The panel said that under the Brighton and Sussex University Hospitals
NHS Trust policy for whistle-blowing, Ms Haywood had been entitled to
disclose concerns already raised with the trust to the media.

The complaints were about issues such as feeding and hydrating elderly
patients, drawing up care plans and administration of pain relief.

Mrs Read said the concerns were also of "an exceptionally serious
nature".

"The failure to deliver basic nursing care to these patients, many of
whom were in the last stages of their lives, rendered many of their
lives miserable.

"It was so serious especially because it was so fundamental. There was a
failure to meet basic human needs.

"The panel does not therefore find that there was any or sufficient
evidence upon which it could conclude that there was any reason why she
should not report her concerns externally."

The allegations are said to have taken place between 3 November 2004 and
5 May 2005 while Ms Haywood was working as a registered nurse for the
trust.

After delivering its findings on Thursday, the hearing went on to
consider the breach of confidentiality and whether it meant Ms Haywood's
fitness to practise was impaired.

Giving evidence, Ms Haywood said she "was appalled, broken-hearted in
fact... about the poor care standards, about the lack of leadership on
the ward" at the Royal Sussex County Hospital.

She said she wanted to get involved in the BBC documentary as she did
not see any other way to prove what was happening in the wards.

"It was neglect we were talking about. I didn't think anybody would
actually believe what was going on without the proof to support it."

She added that her duty of care to the patients always came first.

The hearing continues.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/england/sussex/7752680.stm

Published: 2008/11/27 15:51:39 GMT