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Nursing board failed to take account of mitigating factors when imposing sanctions for professional misconduct
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High Court, by way of an appeal from a decision of the nursing board imposing the sanction of erasure from the register of nurses on the plaintiff nurses, who were found guilty of professional misconduct following a 9-day fitness to practice inquiry into their connection with the death of an elderly patient in a hospital in which they worked for a time, directs the board to reconsider its decision on sanction, on the grounds that the board failed to take account of mitigating factors such as: 1) their previous good work record; and 2) their 'insight' into any harm caused/ability to re-apply to the register after erasure; and (3) the fact that the hospital did not have a policy in place to deal with unexpected deaths.
Nursing Board - sanction of erasure from register of nurses imposed following findings of professional misconduct - fitness to practice inquiry - death of elderly patient in hospital where both applicants worked at material time - whether board took into account mitigating factors at time of deciding on sanction - whether board lacked necessary statutory quorum at time of deciding decision on sanction - chronology - lapse of time/delay as mitigating factor - delay in conducting inquiry - findings of fitness to practice committee - sanction of censure recommended - whether plaintiffs estopped from raising quorum issue where it was not raised at hearing itself on their behalf - decision to impose sanction of erasure - range of penalties open to Board - proper approach to issue of sanction - concept of curial deference - nature and seriousness of professional conduct exhibited - mitigating factors - context of misconduct in plaintiffs' long careers - issue of insight - no hospital policy in place to deal with unexpected deaths - how the inquiry dealt with issue of dishonesty - reports of inquiry - court cannot be satisfied that board properly approached matter of sanction - decision on sanction quashed - direction for board to reconsider sanction in light of court's comments.
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