A nurse who wore headphones on her shift was censured and fined for malpractice and negligence. 

The staff nurse who worked in the Neonatal unit compromised the safety of the infants in her care. She failed to respond to the monitor alarm of a baby while distracted by her electronic device with her headphones on. The nurse also failed to document the incident with the infant appropriately. 

It is the regular duty of nurses in the neonatal unit to monitor the alarms. As part of the Principle of the Nursing Code of Conduct it is also their duty to take steps to minimise risk and ensure their care does not harm the health and safety of others. 

The Tribunal considered the Nursing Code of Conduct and the grounds on which a health practitioner may be disciplined. Behaviour needs to fall seriously short of that which is to be considered acceptable and not due to mere oversight. 

Here, the Tribunal found that the overall charge was established. The Nurse contended to be completing professional development at the time the incident occurred. However, doing it with headphones on, and while distracted by her electronic device, she neglected her primary duty to care for the infants. 

With an element of intentionality involved in both wearing the headphones and not appropriately documenting the incident, the nurse failed to meet the standard expected of her as a health practitioner. 

These actions can bring the profession into disrepute. Reasonable members of the public expect nurses would attend to vulnerable children in their care. There is a reasonable expectation that nurses won’t be distracted by headphones and their devices while on their shift. 

Malpractice and negligence were found, and the nurse has been ordered to pay $18,550 towards the Tribunal’s costs and $15,178 contribution to the PCC’s costs. The nurse was censured and her registration cancelled because of her actions. 

The Tribunal’s order highlights the high standard expected of health practitioners. As a member of a profession, it is important to uphold your duty to act competently and in accordance with your professional Code of Conduct. Negligence or malpractice can lead to more than just a fine when you’re in charge of caring for others, especially vulnerable children. 

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