News
Nurse suspended over claims that elderly patients were abused
A SCOTTISH nurse has been suspended from two jobs following allegations of abuse involving elderly patients.
David Mutty, 59, from Dundee, was doing night shifts at a private nursing home as well as working full-time in an NHS hospital caring for elderly dementia patients. Mutty was suspended after allegations that he had abused patients at St Columba's nursing home, run by private care firm Southern Cross.
Following a police investigation, NHS Tayside also suspended enrolled nurse Mutty from duty at Liff Hospital, where he had worked for more than ten years. The allegations included claims Mutty was aggressive towards elderly and frail patients at St Columba's and that he swore and used highly offensive language towards them.
There were also allegations that Mutty's behaviour caused alarm and distress to other patients. He has also been accused of risking injuring patients at the expensive, private nursing home. Mutty was a full-time member of staff at NHS Tayside's Liff Hospital, where he worked four nights a week, caring for elderly dementia and psychiatric patients.
He was suspended on full pay from Liff last month after NHS bosses heard he was under investigation over abuse allegations. Following Mutty's suspension from St Columba's, where he had been working three nights a week for several years, the Mauritius-born nurse resigned from his part-time post.
The allegations surfaced in April following reports from concerned staff at St Columba's, which caters for around 60 patients. Management carried out an investigation. Mutty was interviewed by officers from Tayside Police and the Crown Office is considering whether to initiate criminal proceedings.
Outside his Dundee home, Mutty persistently denied his true identity. He later said: "I have nothing to say."
An NHS Tayside spokeswoman said: "We cannot comment at the present time." A police spokeswoman said: "A 59-year-old man has been charged."
A Crown Office spokesman confirmed a report had gone to the procurator-fiscal in connection with incidents between January and April 2009.
A spokesman for St Columba's care home in Dundee said: "Following allegations of ill-treatment, an investigation was launched into a male member of staff. He was immediately suspended, but resigned before an outcome had been determined.
"A police investigation is ongoing and, therefore, we are unable to comment further." Kurt Bayer-Scotsman
Timothy Johnson, Solicitor and member of the Nursing Home Abuse team at Ralli, comments on the article:
"Anyone who suspects that a relative or a loved one who is in care has been the victim of abuse can not only make a complaint statement to the police if it is believed that a criminal offence has been committed but can also refer the care provider to the Care Quality Commission.
The Care Quality Commission is the new health and social care regulator for England. They regulate health and adult social care services in England whether those services are provided in hospital by the NHS, in care homes (whether private or owned by local authorities), in people's own homes or elsewhere.
The CQC is responsible for the registration of health and social care providers to ensure that they meet essential common quality standards. They also monitor and inspect all health and adult social care. They have a wide range of enforcement powers including fines and public warnings or closures and have flexibility in how their powers are used. They can apply specific conditions in response to serious risks and can for example demand that a ward or service is closed until the care provider meets safety requirements and they can even suspend or take a care provider off the register.
The aim of the CQC is to improve health and social care services.
Prior to 1st April 2009 the regulation of health and care was the responsibility of the Health Care Commission, the Mental Health Act Commission and the Commission for Social Care Inspection. Those organisations no longer exist and their functions are now the responsibility of the CQC.
Abuse or neglect can also give rise to the possibility of a civil claim and our dedicated team at Ralli can give advice to anyone who is considering the possibility of making a claim arising of neglect or abuse by a carer.
