News1 min ago
Is This Unfair Dismissal?
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.
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.
Answers
Whether it is unfair dismissal or not depends on the circumstance
06:13 Fri 06th Sep 2013
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.
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.
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'
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My govuk link is a good one.
I also intended to include this CAB link http://
I also intended to include this CAB link http://
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.
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.
It seems from an earlier thread that there is an appeal hearing later today
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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,
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.
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.
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.
