Source: MIL-OSI Submissions
Source: Health and Disability Commissioner
Deputy Health and Disability Commissioner Dr Vanessa Caldwell today released a report finding a Registered Nurse in breach of the Code of Health and Disability Services Consumers’ Rights (the Code) for breaching professional and ethical boundaries while having an inappropriate relationship with a patient.
A woman in her twenties with complex mental health history, and a psychiatric nurse employed by a district health board (DHB) were engaging in personal communication outside the work environment. The man who was much older than the woman also took her out several times in his car, bought her food and shoes and visited her in a motel. The man denied that he had a sexual relationship with the woman or that he ever touched her.
The nurse claimed the woman blackmailed him in to meeting her by threatening to make allegations of sexual assault. The man claimed he was physically incapable of having a sexual relationship, but was too embarrassed to report the threats to his manager.
Dr Vanessa Caldwell found that the nurse failed to comply with professional and ethical standards. She considered his conduct was exploitative.
“In my view the nurse’s behaviour towards the woman was self-interested, and did not have regard for her vulnerabilities or the significance of his actions in forming a relationship with her,” said Dr Caldwell.
“Under the Code the woman had the right to be free from discrimination, coercion, harassment and sexual, financial or other exploitation. She had the right to have services provided that comply with legal, professional, ethical and other relevant standards.”
Dr Caldwell recommended that nurse be referred to the Director of Proceedings to decide whether any proceedings should be taken. She recommended that the nurse provide a written apology to the woman.
Although she did not consider the DHB had breached the Code, she recommended that it implement a system for clinical supervision, including an audit of staff compliance with the system, and report this to HDC. She also recommended the DHB conduct an audit of mental health staff to confirm that the expected staff appraisals have been completed.
A case summary has been published on this case due to the vulnerability of the patient and the distressing and highly personal nature of the complaint. The DHB was not found in breach of the Code and is therefore not named in this case.
