Nurse avoids being struck off despite mistreating frail patient

A NURSE who left a severely disabled patient lying half-naked and in danger of choking while she wrote up case notes has escaped being banned.

Cerela Javillonar had used a towel to cover the woman's top half and a duvet for the rest of her body following a vomiting attack at the Drummond Grange care home in Lasswade, Midlothian.

Javillonar had left the woman lying on her back and at risk of choking for up to 30 minutes while she wrote up notes in the duty room, the Nursing and Midwifery Council (NMC) heard.

The woman - referred to as "Resident A" - who suffered from cerebral palsy and limb spasms, had a history of pneumonia and had to be fed through a tube.

When relatives visited the Buccleuch unit at the home run by Barchester Healthcare, on 22 March 2008, they found her thrashing around. The towel had slipped off, leaving her in an "undignified state".

Javillonar, who was eight months pregnant at the time of the incident, claimed she left Resident A on her side and had not dressed her because she believed she would vomit again.

The misconduct hearing against Javillonar, a Filipino mother-of-four, found most of the charges proven.

However, she was cleared yesterday of failing to follow the orders of a senior nurse and of failing to obtain and administer antibiotics to Resident A.

Javillonar was given an 18-month conditions of practice order and will be required to work under supervision.

She must also keep a diary about patient dignity, safe practice, communication and documentation of care. She has also been instructed to tell any new employers of the order, take an assertiveness training course and inform the NMC of any disciplinary proceedings against her.

Paul Pharaoh, the panel chairman, said: "We are quite satisfied that she did fail to provide appropriate care, both by leaving the resident in an undignified state and failing to ensure she maintained an appropriate position on the bed to avoid choking risk."

Mr Pharaoh said the case was too serious to take no action or impose a caution but added: "While there may have been a lack of care, there was no malice in this registrant's actions."

Richard McKie, regional director of London-based home operator Barchester Healthcare, which runs 200 care homes throughout the UK including over a dozen in Scotland, said: "It would have been wholly unacceptable in any circumstances not to dress the resident in a nightdress rather than just draping a towel over her.

"She was left unattended, left in an undignified manner of dress and the door was left open."

A spokeswoman for Barchester Healthcare, added: "As soon as we uncovered the issues we notified the police and have been working closely with them and the local authorities to assist with their investigation.Jackie Baillie MSP, Labour health and wellbeing spokesperson, said: "This is the latest in number of disturbing cases which indicate there are grave problems in our care system.

"While it is vital staff fulfil their obligations, there is clearly a wider issue about how care is resourced and the value we place on it which needs to be urgently addressed by the SNP government."