Case Study: A nurse accessing patient records without clinical justification
Victoria Rees was instructed to advise and represent a nurse with an NMC fitness to practise investigation.
Background:
A nurse faced a fitness to practise investigation by the NMC relating to allegations that she had breached patient confidentiality, by accessing a patient’s clinical records, without authority or clinical justification. She had reviewed the medical records of someone she knew in a personal capacity relating to a family matter.
Our Approach:
We worked with the nurse to provide a lengthy and detailed written response. We explained what she had done and why, setting out the full background and context to the situation. Fortunately the nurse had not shared the details with anyone else. We also worked collaboratively with the nurse to compile a supporting bundle of documents, demonstrating her remorse, training undertaken and significant insight regarding what had happened.
The Outcome:
Having read our written response and detailed bundle, the NMC Case Examiners were satisfied that she had acknowledged the seriousness of her conduct and demonstrated in depth insight.
The NMC were therefore persuaded that there was no realistic possibility of a fitness to practise committee deciding that her fitness to practise was impaired. They concluded there was no case to answer and issued the nurse with a warning.
A warning was a fantastic outcome in the circumstances. This left the nurse retaining her PIN and being able to continue with her work in the nursing profession.
How we can help:
Our Professional Disciplinary team have experience and expertise in representing nurses in a large variety of NMC fitness to practise investigations. Please contact us if we can help you.
