Court orders removal of nurse's name from register for 'disgraceful' conduct

A nurse who exhibited "disgraceful" conduct while on duty as the sole nurse responsible for 40 patients at a nursing home must have her name erased from the nursing register, the High Court directed yesterday.

It was "fortunate indeed" that none of the residents of Stella Maris Nursing Home at Commer, Tuam, Co Galway had suffered any adverse consequences from Nurse Cliona Finnegan's behaviour and lack of proper nursing care, Mr Justice Brian McGovern said.

Her condition on the night in question "could be described as disgraceful" and her conduct fell seriously short of the standards to be expected among a member of the nursing profession. She had offered no proper explanation for her behaviour and he found her guilty of professional misconduct.

Mr Justice McGovern was dismissing an appeal by Ms Finnegan, Kileen, Oakpark, Tralee, Co Kerry, who had been employed as a part-time nurse at Stella Maris, against a finding of professional misconduct made against her last February by the Fitness to Practise Committee of An Bord Altranais (Nursing Board).

It was alleged Ms Finnegan had remained on duty on a night in August 2002 when she was not in a fit condition, thereby putting patients at risk. The committee upheld claims she caused drugs at the home to be in such disarray as to render it difficult or impossible to determine whether or to what extent they had been administered to patients.

The committee also upheld allegations that she had rested or slept part of the time while she was on duty, appeared intoxicated, had a brown stain around her mouth, spoke in an incoherent manner and failed to provide any or any proper nursing care to patients.

It rejected her claims that was suffering from a physical or mental disability rendering her unfit to engage in nursing, but recommended her name be struck from the nursing register.

Mr Justice McGovern was told there would be two carers and a nurse on duty at night caring for 40 patients. One carer said there were delays in Ms Finnegan administering tablets. One patient had complained there was half a tablet missing but Ms Finnegan said the patient got all her tablets.

A carer said that later that night, she went to answer a bell and found Ms Finnegan lying on the floor of a bedroom occupied by a married couple who were patients at the home. She was crying a lot.

The judge said Ms Finnegan was found at the office station on the floor. She was put on a chair and was upset. There was a tray of medication scattered on the floor. A carer had described her voice as slurred and she was told she should get some sleep. There was a strong smell from her breath, which smell the carer couldn't identify, and a brown stain around her lips.

The judge noted a nurse who had replaced Ms Finnegan as the nurse on duty noticed all the drugs mixed up in what she described as a dangerous fashion on top of the medicine trolley and a brown liquid on the floor of the medicine room. That nurse was so concerned she had phoned the proprietor.

The judge said he found Ms Finnegan vague and unconvincing. She remembered little or nothing about the night and had at times appeared quite detached from her surroundings.

A psychiatrist had told the court there might be some underlying medical cause for why Ms Finnegan had fallen but agreed she seemed rather vague.