The Conduct and Competence Committee of the Nursing and Midwifery Council (NMC) found there was no case to answer against Amy Woolfson's client.
Amy's client, a nurse, was accused of dishonestly covering up a ‘never event’ during which a patient was given an anaesthetic to the wrong part of their body. He was also accused of not following proper safety procedures. The NMC indicated that they were seeking to remove the nurse from the register, which would have meant an end to his career.
The key witness called by the NMC was a consultant anaesthetist who had himself been sanctioned for his role in the ‘never event’ but was now back in practice. The consultant alleged that he had worked together with the nurse to cover up the ‘never event’.
Issues of witness reliability are generally considered ‘jury questions’ and therefore not susceptible to a submission of no case to answer. But Amy successfully argued that the consultant’s evidence was so unreliable that the case should be stopped at half time.
Amy's client is able to continue his practice as a nurse with his reputation intact.
Amy was instructed by Emma Maher of the Royal College of Nursing.
Amy Woolfson has extensive experience of professional discipline and regulatory cases. She acts for regulators and regulated persons in cases concerning criminal convictions, lack of competence, and misconduct – including serious sexual misconduct.