In the decision, the judge underlines that the nurse did not deny having carried out the conduct
The 11th Panel of the TRT of the 2nd Region confirmed the ruling that confirmed the just cause of a nurse who performed a blood transfusion to a patient without a doctor’s prescription. According to the documents, the person who needed the surgery was in the same room as the patient who had been mistakenly given the blood bag. According to the investigation conducted by the hospital, the complainant did not comply with the standard operating procedure by failing to double check at the bedside together with another nurse.
The professional claimed that the error occurred due to excessive work on “turbulent shifts” and that the sanction applied was disproportionate. He further reported that, after realizing the error, he had carried out all the necessary procedures and that the patient remained stable, without complications, “since the blood was compatible”.
For the judge-rapporteur Wilma Gomes da Silva Hernandes, the seriousness of the fact breaks the trust inherent in the employment contract, which is why there is no provision for a graduation of the penalties: “The crime committed by the perpetrator puts life and health at risk of a patient being treated by the accused, so that an error of this magnitude cannot be tolerated. Failure to comply with the standard operating procedure, in an absolutely negligent manner, could have resulted in a fatal outcome.”
In the decision, the judge underlines that the nurse did not deny having carried out the conduct. And, contrary to what the woman claimed, what happened was not due to the failure of the hospital, which has an adequate standard operating procedure. It is also highlighted that the diplomas attached to the documents demonstrate that the nurses involved in the case have undergone specific training.
Finally, the judge clarifies that there is no impediment to terminating the complainant’s contract, even if she is pregnant.
“In the face of motivated dismissal, there is no need to talk about gestational stability,” he adds.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
