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DENOSA saves career of a midwife at SANC today
DENOSA has just saved the career of a midwife from South Rand Hospital following an incident that occurred on 29 June 2014 when a baby fell during delivery and the matter was never reported nor recorded by the concerned midwife, and was reported by the complainant.
On her statement the midwife said she had forgotten to record the incidence.
Represented by DENOSA full time shop steward, Mamagadi Kgonodi, the defendant pleaded guilty to the charge. It was then left to both SANC and DENOSA to argue in aggravation and mitigation of sentence.
SANC was first to take to the stage. SANC said
Misconduct by the midwife was a serious one and that a punitive sentencing by the committee should send a message that misconduct is not to be tolerated.
SANC also argued that if it was not for the complainant this matter would not have been known. SANC admitted that yes the defendant pleaded guilty, and that was a sign of remorse but this does not make the case less serious. SANC said the committee should find the midwife guilty and sentence her to a two-year suspension suspended for five years.
When arguing in mitigation of sentence on behalf of the defendant, Mamagadi strongly argued the following:
The defendant wishes to extend remorse to the mother of the baby and to the baby. There were only two of the nurses in the ward during the incident. The defendant reported the matter to the doctor, and was not aware that it was not included in the report by the doctor.
This incident has served as a lesson to the defendant to always record. A punishment is a corrective measure, and the defendant promises to correct. In her experience as a professional nurse, she has never been involved in any legal matter. And the corrective measure will ensure she improve on her part.
She added that the defendant was the only bread winner at home.
The committee left the courtroom to deliberate on the verdict. The committee came back after 30 minutes and delivered the following verdict and sentence:
Verdict. The midwife was found guilty of unprofessional conduct.
She Willfuly or neglegently failed to report the matter to her superiors.
When coming to the sentencing the committee looked at the nature and seriousneas of the conduct and the public interest among others.
Sentencing: http://www.repsfake.com
The nurse is Suspended for two years, suspended for three years provided that she is not found guilty of the similar offence during the suspended sentence.
"It is imperative to uphold the ralative trust between nurses and community. The Committee is mindful of the conditions in the practice environment. The Committee is concerned about verbal abuse of patients by midwives in maternity sections.
The defendent deliberately failed to report the incident. And that is ethically not correct.
After the case, Mamagadi said she is happy that the nurse managed to retain her work. "I become brutally honest with the member in as far as explaining the situation and the scenarios and the extent of the sentencing when the defendant pleads either guilty or not guilty regardless of incriminating evidence on the table," she said.
End
