A nurse, suspended after an alleged assault on an elderly patient in a nursing home, has taken High Court proceedings challenging the refusal of the Eastern Regional Health Authority (ERHA) to give her a letter stating she is a nurse in good standing.
Ms Mary Bateman, of Castle Avenue, Swords, Dublin, claims the Fitness to Practise Committee of An Bord Altranais investigated the incident and found in November 1999 that she had no case to answer. She has denied any wrongdoing or impropriety.
The incident is alleged to have occurred on the night of May 31st/June 1st, 1998, at St Patrick's Nursing Home in Baldoyle, a nursing home for retired Christian Brothers. It was claimed that bruising was noted on the body of a brother on June 3rd, and he had claimed he was hit with his "walking stick" and that the "night nurse" - the "wicked one" - was responsible.
However, he had declined to make a formal complaint.
In documents read to the court by Mr Turlough O'Donnell SC, for Ms Bateman, Mr Justice Murphy heard that the board of management of the nursing home later conducted inquiries, found Ms Bateman guilty of gross misconduct and suspended her and another person for two weeks without pay. It also decided that Ms Bateman was no longer permitted to work on the night shift but could work on a day shift on a supervised basis.
Ms Bateman had objected to those conditions and resigned. She later took a case for unfair dismissal and secured a financial award of £16,000. The Rights Commissioner had also recommended there should be a full investigation of the incident.
However, she claims, despite that recommendation and the outcome of the Bord Altranais inquiry, the ERHA continues to refuse to give her a letter which she says she needs to work as a nurse.
In opposing the application, the ERHA said the outcome of the Bord Altranais hearing did not alleviate its concerns about the standard of nursing care provided by Ms Bateman to the patient in question.
The hearing continues today.
