Nurse wins appeal for re-registration

The Fletcher v. Queensland Nursing Council [2009] QDC 129 verdict, handed down on 25 May 2009, upheld an appeal by nurse Glennys Fletcher.

She successfully appealed against the Queensland Nursing Tribunal’s finding of “unsatisfactory professional conduct” against her and the cancellation of her registration. The background to this case is as follows;

Mrs Fletcher commenced nursing patient James Paidley at his home in September 2002, attending Monday to Friday every week. He suffered serious complications from diabetes and restricted mobility. In May 2004, Mr Paidley became seriously ill, was admitted to hospital where he was diagnosed with cancer. He was admitted to hospice care on 16 June 2004.

She continued to visit him and help him with his affairs in her own time, even after her therapeutic relationship with him had ended.

Mr Paidley’s will dated 30 July 1959 left “all to family members”. A final will was created in September 2004 leaving all to Mrs Fletcher. Mr Paidley died on 3 July 2005.

The Queensland Nursing Council alleged that during the period of 23 May 2004 to 3 July 2005, Mrs Fletcher used her position to influence Mr Paidley so that she could benefit under his will. At the hearing at the Queensland Nursing Tribunal, it was found that although the Council provided insufficient evidence of abuse of her position, Mrs Fletcher had crossed professional boundaries.

The Tribunal therefore cancelled her registration and imposed various other conditions on her re-registration. Mrs Fletcher appealed the Tribunal’s finding.

The Queensland District Court allowed the appeal and dismissed the charge against Mrs Fletcher finding that there were no clear guidelines to handle situations with ‘boundary issues’.

Like the Tribunal, the Court also found that there was insufficient evidence to prove that Mrs Fletcher had abused her position or exercised undue influence. As a result, the Court found that the conditions imposed on Mrs Fletcher’s re-registration were excessive.