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DENOSA saves two nurses’ careers at SANC disciplinary
By Sibongiseni Delihlazo
DENOSA saved careers of two ICU-trained nurses at a disciplinary hearing held at the South African Nursing Council (SANC) in Pretoria on 13 March, which concluded in the evening on the day.
The two ICU-trained nurses - one shift leader and the other PN at Charlotte Maxeke - faced one and three charges respectively, following an incident that occurred in June 2011.
One shift leader faced a charge of willingly or negligently failing to advocate for a patient.
The other professional nurse faced a similar charge plus a charge of sleeping on duty as well as failing to obey an instruction from her supervisor.
DENOSA representatives, Sipho Qankase and Bongani Mazibuko at SANC After winning the case for the nurses, nurses shake hands with DENOSA reps
A critical patient who was from theatre had died at ICU on a second resuscitation, and this was blamed on both the shift leader and the professional nurse who was accused of having slept on duty a few minutes earlier and of refusing to carry an instruction from the shift leader to fetch a vent. DENOSA shop stewards later poked big holes onto this 'evidence' argued strongly that both nurses were actually victims of chronic equipment failure at the unit after all ventilators were not working and that nurses had to improvise by using a kettle at the kitchen, which was quite a distance away from the unit and thus having to leave a patient, to defrost medication.
The case, which was the first of the four cases on the roll at SANC for the day, took the whole day, with DENOSA shop stewards examining and cross-examining witnesses at length.
After lengthy arguments by DENOSA shop stewards Bongani Mazibuko representing the shift leader and Sipho Qankase representing the Professional Nurse, the matter went down to the wires.
Just after 17h00, the committee of five people at SANC, adjourned to mull over the arguments in mitigation from DENOSA shop stewards while formulating a judgement on the matter. It took the committee close to two hours, leaving the two nurses in suspense of the highest level.
The committee reappeared just before 19h00 with the verdict. Both nurses were found guilty of count one.
On counts 2 (sleeping on duty) and 3 (failure to carry instruction from supervisor) respectively, the professional nurse was found not guilty due to insufficient evidence that could not be proven.
Then it was time for SANC and DENOSA to argue in aggravating circumstances and in mitigation of sentence.
SANC legal team shot first. They said they wanted the committee to send a strong message out there that nurses are to do their work to the expectation and that in no way will SANC tolerate negligent behaviour from nurses while doing their work. They argued strongly that the committee must suspend both nurses for two years suspended for five years.
Then it was time for DENOSA shop stewards to argue in mitigation. Qankase came first.
For charge one: “At the time of the incident the defendant was merely six months after qualifying as a specialist nurse (ICU).
In her trying to move around improvising to find a working equipment, this would have meant she may leave the patient.
On non-working equipment, they cannot take the entire blame. The blame must also be meted out to the institution.
On absence of teamwork in the unit, this may have an impact on what eventually transpired. Management must also take the blame for this at the unit, and they were not here to back up their points that they have made in the 'beautiful letter' when we test it here.”
Mazibuko also stressed that the shift leader has behind her name 25 years of impeccable record as a professional nurse. He stressed that there must be an outcome towards the institution as well for placing nurses under compromising position whereby they find out when they need the equipment that it was not working.
After this, the committee adjourned again. They eventually came back with the sentence.
DENOSA Provincial Organiser, Thomas Chauke (centre) at DENOSA Head Office taking Sipho Qankase and Bongani Mazibuko through the cases that they had to handle at SANC.
They made it clear that they frown upon a negligent behaviour by a professional nurses as that exposes community members to lack of care at the time they need it the most. They also said their finding was on the basis of a balance of probabilities.
After listening to both aggravation and mitigation factors, the committee arrived at the following sentence:
Defendant 2 (shift leader): A caution and a reprimand.
Defendant 1 (professional nurse): Suspension from practicing as a nurse for one year, suspended for two years.
The committee said it will refer the serious issue of faulty equipment to the Office of Health Standards Compliance (OHSC) for further investigation.
Both nurses were excited and said they are just happy to be going back to work and that this cloud, which has been hanging above their heads for a long time, is finally over. The professional nurse said she is just happy that she won't have to come to SANC again.
DENOSA will be back to SANC again tomorrow, defending nurses. The cases are on until 16 March 2017.
When asked how they felt after the sentence, Qankase and Mazibuko said they are just happy the nurses will continue to work and put food for their families. "That's the Denosa value right there."
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