Is This Unfair Dismissal?

[Theland]

My daughter, an RGN in a nursing home, gave a palliative care patient the wrong dose of the prescribed drug, at the wrong time, a purely human error that she admitted.
There were many mitigating reasons for the error, but as the Berwick Report states, mistakes should not be punished, but learned from, to adjust practices and prevent future mistakes. Blame should not be used as a management tool.
Therefore, has my daughter been unfairly dismissed?
Her appeal is today.

[Theland]

I might add that the dismissal letter contained several other allegations totally unsupported by evidence.
The home is badly run, often understaffed, and is the subject of weekly inspections by the Care Quality Commission and Social Services.
I SUSPECT that her dismissal maybe to placate these authorities and not because she warrants losing her job.

[factor-fiction]

Whether it is unfair dismissal or not depends on the circumstances.
This guide may help.
If it is deemed gross misconduct then dismissal may indeed be fair.

[factor-fiction]

Another factor, if she has been dismissed is did they follow the correct procedure and give proper notice- if not it could be considered as 'wrongful dismissal'
https://www.gov.uk/dismiss-staff/overview

[ummmm]

I think it would all depend on what drug was administered.

I'm assuming she didn't give out a couple of paracetamol....

[Hypognosis]

I'm puzzled. Since when did doctors offload the high-responsibility task of adminstering drugs onto nurses?

Apologies for a non-answer but I'm wondering if this ought to be an issue to bring up at the tribunal?

[factor-fiction]

My govuk link is a good one.
I also intended to include this CAB link http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/dismissal.htm

[naomi24]

As far as I'm aware, doctors prescribe drugs, but it is common practice for nurses to administer them.

[naomi24]

I agree with Factor. Whether or not the dismissal is deemed ‘unfair’ will presumably depend upon the potential implications of the error.

[ummmm]

Nurses usually always administer them especially in palliative care. If they didn't every care home would need a doctor on duty 24/7.

[Theland]

Correct Nims. She administered an UNDERDOSE of oral morphine at the wrong time, due to a rushed shift handover, due to understaffing.

[ummmm]

An underdose, which would have left a patient in unnecessary pain?

[meglet]

Is this a private care home? If so I'm not sure how quoting the Berwick report, a report on the NHS, will help. A private care home will have its own definition of grounds for dismissal due to gross misconduct.

Had she raised concerns over understaffing affecting patient care previously?

[pixie373]

I'm not sure about the actual law, but i can say in the Homes I've worked in, there were meds errors occasionally, by carers and Nurses- including morphine. There was a strict protocol on what to do afterwards and nobody was ever dismissed.
Morphine is a controlled drug and we had two have two signatures in the book and state the amount of morphine left (common practice, if not law). Should she have had someone administering with her? Has she done this before? It makes no difference if over or underdose, it's still a mistake.

[factor-fiction]

It seems from an earlier thread that there is an appeal hearing later today
http://www.theanswerbank.co.uk/Law/Question1273375.html

[naomi24]

Theland, what are the other allegations? Perhaps the decision to dismiss her is not simply due to the error in administering the morphine, but for a combination of reasons.

[Hypognosis]

Thanks @Naomi. I learn something new every day. :-D

@Theland,

Regarding "mitigating reasons for the error"; I hope these do not backfire - for example if your daughter had been subject to lack of sleep due to neighbourhood noise or her home/family situation had been causing stress issues, poor concentration etcetera. They may try to turn this against her, in that they might have procedures in place where she was supposed to notify them that her performance was impaired _on that day_, enabling them to shift her to other duties and bring in a substitute with the same qualifications.

Having said that, I can't think of many jobs where it is considered normal to dismiss someone over a single mistake, even when it is a public safety issue.

[Theland]

A GP had prescribed an increase in the dose, to be given at usual times of 10:00 and 22:00
Due to sudden death on day shift with police and paramedics attending, and another patient having a seizure, drug was not dispensed until 16:45
Daughter on night shift constantly distracted and a rushed shift handover, did not highlight increased dose and previous late dispensing..
This was human error and admitted to.
NHS have dispensing nurses wear a coloured tabard to identify them and notices are posted not to distract them. This incident was inevitable.
Patients GP said minimal to no risk.

[factor-fiction]

I'm not sure what more useful input we can have until after the appeal hearing. We don't have all the full details .
But no, what was said in the Berwick Report doesn't mean this is necessarily 'unfair dismissal' .

[pixie373]

Hypognosis, i think it will depend whether she followed the correct procedure in the first place and how she dealt with it afterwards, as well as whether it has happened before. It isn't usual to be dismissed for one error that is correctly dealt with.

[EDDIE51]

just be sure she has her own representative at the hearing and does not go alone.