What Rights - Fitness to Practice

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No case to answer…again

I have just finished (about half an hour ago) a 10 day NMC hearing, which was adjourned part-heard last November and concluded today. My client faced allegations against the background of a patient death and which included allegations of dishonestly. I was involved in the fitness to practice referral from the early stages, and we succeeded at Case Examiner stage in achieving a no case to answer decision.

However, the family members asked the NMC to review the decision, which they did, overturning the Case Examiner’s decision. As a result, my client had to face a public hearing.

Two of the family members gave evidence before the panel and remained as witnesses during the rest of the case. It was clearly an emotional and stressful time for both them and my client.

At the end of the NMC evidence, I made a comprehensive submission of no case to answer - I timed it and I was talking continuously for 1 hour and 20 minutes!

The panel deliberated for 2 whole days and today, they handed down their decision acceding to my application and dismissing the entire case.

After a lot of heartache, my client is free to practise with her reputation untarnished. It is a pleasure to support nurses in cases like these, cases which should never have been brought, and I look foward to my work each and every day!