A Moray nurse who made Scottish legal history by overturning a striking off order for incompetence will return to work for the first time in two years next month – under the watchful eye of unconvinced medical chiefs.
Ellen Murray was struck off in 2012 after she wrongly told a man he had cancer and took an insect into an operating theatre.
The offences happened while she was working at Aberdeen Royal Infirmary, and 22 charges were proven.
In February 2008, Ms Murray was told by a member of staff a male patient “may have cancer” but instead the nurse recorded that he “had cancer”.
The same year she picked up a silverfish insect and took it into an operating theatre as proof of an “infestation near the toilet area”.
The NMC declared at the time that a striking-off order was the only appropriate sanction to protect the public.
But at a hearing in 2013, Ms Murray was the first in Scotland to benefit from a controversial ruling by the High Court in London which stopped the council striking off nurses for incompetence, and opened the door for struck-off nurses to return to work.
Her order was replaced by a 12-month suspension order in October 2013, but was extended again last September.
Now her solicitor Elena McLachlan has revealed Ms Murray, believed to be of Dufftown, is committed to remain in nursing.
During her suspension, the Moray woman carried out a number of training courses and held a position as a health care assistant for Anderson’s Care Home, in Elgin, from April to September this year. She supplemented her income by working for agency, H1 Healthcare.
Ms McLachlan added her client had “learned from her mistakes and has shown insight and sought to re-mediate her failings through reflection and training.”
Ms Murray’s existing suspension is due to expire on November 8, meaning she will again be free to apply for hospital jobs.
However, at a recent review the NMC admitted they remained concerned about Ms Murray’s capabilities.
A hearing report stated she has “as yet been unable to demonstrate fully that her clinical failings have been sufficiently remedied”.
As a result, she will be under a conditions of practice order for a year “to ensure the protection of patients and satisfy the public interest in the maintenance of public confidence in the profession.”
Initially, a recognised return to practice programme must be completed, focusing on medication administration, record keeping, working as part of a team and communication.
She will have to notify the NMC of any appointment or investigation as part of the order, which will be reviewed in 2016.