HCCC v Drinkwater; HCCC v Lilly; HCCC v Davies; HCCC v Chan [2019] NSWCATOD 39

HCCC v Drinkwater; HCCC v Lilly; HCCC v Davies; HCCC v Chan [2019] NSWCATOD 39

The Tribunal held that close observation of an acute mental health inpatient required more than distant sighting and required professional judgment directed to whether the patient was safe, alive and not deteriorating. On the facts, Mr Davies' inadequate and misleading observation practices, Ms Drinkwater's failures as nurse in charge to allocate or supervise care, ensure accurate observations and handover, and Mr Lilly's failures as nurse unit manager and incoming nurse in charge to ensure systems and supervision were significantly below expected standards; Ms Drinkwater's and Mr Lilly's cumulative failures were sufficiently serious to amount to professional misconduct. Ms Than's failure...

Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Occupational Disciplinary Proceedings Concerning Registered Nurses / Principal Judgment on Stage 1 Findings, With Stage 2 Protective Orders and Costs Reserved for Further Submissions
Outcome
Findings of unsatisfactory professional conduct were made against Mr Davies and Ms Than, and findings of professional misconduct were made against Ms Drinkwater and Mr Lilly. Stage 2 protective orders were reserved for further submissions, and costs were reserved.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'mental Health Nursing Observations' 'patient Safety in Acute Inpatient Facility' 'clinical Handover' 'documentation of Observations' 'nurse Unit Management and Supervision']
['health Practitioner Regulation' 'occupational Discipline' 'nursing and Midwifery Regulation' 'mental Health Care'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'mental Health Nursing Observations' 'patient Safety in Acute Inpatient Facility' 'clinical Handover' 'documentation of Observations' 'nurse Unit Management and Supervision']

Case Brief

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Procedural Posture

Occupational Disciplinary Proceedings Concerning Registered Nurses / Principal Judgment on Stage 1 Findings, With Stage 2 Protective Orders and Costs Reserved for Further Submissions

Legal Issues

  1. 1 ['Whether close observations in an acute mental health inpatient setting required mere sighting of a patient or a qualitative clinical assessment involving professional judgment.' "Whether Mr Davies' completion of close observation forms and statement that observations were done constituted unsatisfactory professional conduct." 'Whether Ms Drinkwater, as nurse in charge of the night shift, failed to manage patient care, supervise staff, ensure proper observations and handover, and whether her conduct amounted to professional misconduct.' 'Whether Mr Lilly, as nurse unit manager and nurse in charge of the day shift, failed to ensure systems for handover, patient allocation, observations and supervision, and whether his conduct amounted to professional misconduct.' 'Whether Ms Than failed to attend upon Ahlia Raftery after assuming her care and whether that conduct amounted to professional misconduct.']

Ratio Decidendi

The Tribunal held that close observation of an acute mental health inpatient required more than distant sighting and required professional judgment directed to whether the patient was safe, alive and not deteriorating. On the facts, Mr Davies' inadequate and misleading observation practices, Ms Drinkwater's failures as nurse in charge to allocate or supervise care, ensure accurate observations and handover, and Mr Lilly's failures as nurse unit manager and incoming nurse in charge to ensure systems and supervision were significantly below expected standards; Ms Drinkwater's and Mr Lilly's cumulative failures were sufficiently serious to amount to professional misconduct. Ms Than's failure...

Court Disposition

Findings of unsatisfactory professional conduct were made against Mr Davies and Ms Than, and findings of professional misconduct were made against Ms Drinkwater and Mr Lilly. Stage 2 protective orders were reserved for further submissions, and costs were reserved.

Orders

  • ['Leave is granted to the parties to apply to list Stage 2 for directions within 3 days of the release of these reasons, failing which;' 'The respondents are to file and serve written submissions within 14 days of the release of these reasons;' 'The HCCC to file and serve written submissions within a further 7...