Former nurse cleared of misconduct at Dundee care home

A former nurse at a Dundee care home has been cleared of misconduct.

Joan Martinez used to work at the Rosebank care home operated by Four Seasons Health Care, which was closed in 2012.

She faced disciplinary action from the Nursing and Midwifery Council for allegedly laying a resident’s bed flat to prevent him climbing out, failing to ensure the pump for his airflow mattress was connected and failing to inform the NMC and her employer that she had been charged with an offence.

She was found not guilty of wilfully neglecting a patient following a trial at the sheriff court in 2012.

She denied restricting the patient’s liberty without authority and the NMC panel ruled there was insufficient evidence to find her guilty.

The nurse had admitted the charge relating to the mattress pump but the panel noted there was no evidence of harm to the patient and the matter was not sufficiently serious to amount to misconduct.

There was no case to answer for failing to inform her employer of her criminal charge because it was Four Seasons that had reported her to the police, and her failure to inform the NMC had not been done dishonestly.