Charges against nurse are rejected (From Bromsgrove Advertiser)

Charges against nurse are rejected

9:45am Wednesday 23rd May 2007

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A COMPANY director who claimed he was embarrassed to strip in front of a nurse because he does not wear underpants has had his complaints rejected by a disciplinary tribunal.

Nurse Hannah Doyle, 64, wept with relief on Friday after the Nursing and Midwifery Council found the businessman's evidence 'vague' and 'self contradictory'.

Doyle specialises in a range of alternative therapies including Chinese medicine and acupuncture at the Nancy Doyle Clinic in Bromsgrove.

She faced a series of charges including failing in basic standards of hygiene after the businessman complained about his treatment.

The man, referred to as Mr A, told a hearing that he went to the clinic in New Road with a backache in September 2004.

He warned the nurse that he goes commando' when he was asked to strip for a back massage.

Mrs Doyle said she would treat the pain with acupuncture, massage, ultra-sound and cupping - an ancient Chinese technique where hot cups are placed on the back.

He was asked to sign a consent form and asked to get undressed and lie on the treatment bed.

The businessman said: "I was nervous and a little bit embarrassed not being able to get undressed behind a curtain.

"I can't be the only person in the country who dresses the way I do.

"To not even be offered a robe, I was feeling uncomfortable.' Panel chair Elizabeth Rush said: "In cross examination, both Mr and Mrs A agreed that the real issue in relation to the privacy charges was the fact that the registrant had not left Mr A alone to undress in the consulting rooms on both days, rather than the issues of screens and curtains."

The panel also accepted the defence claims that as a nurse Doyle should have stayed in the room as Mr A was in pain and may have had difficulty getting undressed.

Mr A claimed he was not given an adequate explanation of the treatment he received at his two appointments on September 17 and 18, 2004.

He said Doyle didn't wash her hands at any stage of treatment, or wash the ultra-sound machine or use alcohol spray or gel.

Mrs Doyle also inappropriately obtained a prescription of drugs for Mr A, it is alleged.

But the NMC also threw out those allegations.

Mrs Rush said: 'Mr. A was in the prone position on the couch in the consultation room at the material time in relation to hand washing and alcohol spray or gel charges, and, therefore, on his own admission, he could not see whether the registrant had washed or cleaned her hands.

"His evidence overall was self contradictory and he had forgotten so much through the passing of time that any evidence he gave in relation to not hearing any taps being run, for example, cannot be relied upon, in the panel's opinion.

"The panel found Mr. A's evidence to be vague with respect to what the registrant should have provided by way of information pertaining to his treatment or medication on September 17, 2004.

"Indeed, in reply to questions from the panel, Mr A stated that he was happy with the information he was given on that day."

The panel did find that Mrs Doyle had failed to wash her hands and failed to use alcohol spray and gel at Mr A's second appointment on September 18.

But they rejected the issue would amount to misconduct.

Mrs Rush said: "Less than optimal practice is not necessarily misconduct."

"Therefore, the panel has determined that the registrant's fitness to practise is not impaired. Thus, this case is now closed."

She denied all the charges including failing to make arrangements for Mr A's privacy, and failing to undertake hygiene practices.

Mrs Doyle denied she failed to provide sufficient information to Mr A and that she inappropriately obtained him prescription medication.

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