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Gisborne Hospital Report - Health and Disability Commissioner

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Chapter 1<br />

Introduction <strong>and</strong> Environment<br />

1. INTRODUCTION<br />

Concerns about patient safety at <strong>Gisborne</strong> <strong>Hospital</strong><br />

1.1 On 13 June 2000 Brenda Wilson, Chief Executive of the New Zeal<strong>and</strong> Nurses<br />

Organisation (NZNO), visited <strong>Gisborne</strong> <strong>Hospital</strong> <strong>and</strong> met with nursing staff.<br />

Ms Wilson also met briefly with the Chief Executive <strong>and</strong> advised in general<br />

terms that, on the basis of her discussions with nursing staff <strong>and</strong> local NZNO<br />

representatives, she had a number of serious concerns about patient safety at<br />

<strong>Gisborne</strong> <strong>Hospital</strong>. Specifics were not discussed.<br />

1.2 On 14 June NZNO wrote to the Minister of <strong>Health</strong> expressing concern about<br />

st<strong>and</strong>ards of care at <strong>Gisborne</strong> <strong>Hospital</strong>, seeking an independent review <strong>and</strong><br />

noting that NZNO would not have confidence in a review undertaken by the<br />

Ministry of <strong>Health</strong>. This letter attached two documents: the first, a<br />

memor<strong>and</strong>um dated 1 June 2000 from a regional NZNO representative to<br />

NZNO head office outlining a number of issues of concern in relation to Dr<br />

Lucas – including re-use of anaesthetic syringes <strong>and</strong> <strong>Gisborne</strong> <strong>Hospital</strong>’s<br />

response to this issue; the second, an anonymous letter from a nurse at<br />

<strong>Gisborne</strong> <strong>Hospital</strong> which expressed concerns about “increasingly poor levels<br />

of medical, surgical <strong>and</strong> management practices <strong>and</strong> accountability”. The<br />

writer described five recent cases of alleged inadequate patient care. These<br />

documents are set out in the Appendix.<br />

1.3 Tairawhiti <strong>Health</strong>care Ltd (THL) learnt of NZNO’s complaint to the Minister<br />

of <strong>Health</strong> <strong>and</strong> its concerns about patient safety from a Radio New Zeal<strong>and</strong><br />

news story the following day, 15 June. In a discussion with NZNO<br />

representatives on 20 June, the Chief Executive requested that NZNO provide<br />

Tairawhiti <strong>Health</strong>care with the names of patients cited in the anonymous letter,<br />

so that it could investigate. NZNO refused to provide the names of the<br />

patients <strong>and</strong> instead responded by advising that it wanted an independent<br />

retrospective audit of ICU <strong>and</strong> surgical cases over the last three months. The<br />

reason NZNO gave THL for refusing to provide the names of the patients was<br />

that the nurse who had provided the information requested anonymity.<br />

1.4 In a Radio New Zeal<strong>and</strong> interview on 16 June, NZNO called for an<br />

investigation by the <strong>Health</strong> <strong>and</strong> <strong>Disability</strong> <strong>Commissioner</strong>. This call was<br />

repeated in the media over the following days. However, at no stage did<br />

NZNO approach the <strong>Commissioner</strong> <strong>and</strong> exercise the right that any person has<br />

under section 31 of the <strong>Health</strong> <strong>and</strong> <strong>Disability</strong> <strong>Commissioner</strong> Act 1994 to make<br />

a complaint to the <strong>Commissioner</strong>.<br />

1.5 By a letter to NZNO dated 23 June, the Chief Executive again requested the<br />

names of the patients <strong>and</strong> stated that “it is simply not acceptable (legally or<br />

ethically) for registered health professionals to refuse to disclose to the HHS<br />

[public hospital] relevant information, while complaining to other authorities

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