A Scots nurse who called a dementia patient as “a**” before telling another to “f*** off” has been suspended by a watchdog.
James Gault Gardiner was working at Lunan Court Care Home in Arbroath, Angus, when he launched his vile foul-mouthed rants towards the two vulnerable residents.
The first shocking incident took place during a night shift in February 2018 as he tried to change the elderly resident’s soiled clothing.
The Nursing and Midwifery Council found that Gardiner had used inappropriate language by saying: “Stop f****** about, if you weren’t being such an a**, we would get along a lot better.”
He later added: “I’m not f****** interested.”
An internal investigation was launched by care home bosses with a final written warning issued to Gardiner.
But just six months later, a second incident occurred at the facility involving another dementia patient.
An NMC hearing was told that care workers were shocked to see the nurse remove foot plates from the elderly man’s wheelchair before chucking them on the floor.
He then said to the resident: “Go on then, f*** off, if you fall, I’m not f****** helping you.”
The nurse, who has more than 20 years of experience, was suspended on August 20 and had his contract terminated following a disciplinary hearing the following month.
The nursing watchdog found that Gardiner’s behaviour fell “seriously short of the conduct and standards expected of a nurse and amounted to misconduct.”
Despite never having come to the attention of the regulator before, the panel were of the view that he should be suspended from the register for three months.
A ruling notice said: “The panel was of the view that the conduct found proved was serious and fell short of the standards expected by the regulator and general public.
“The panel noted that fellow professionals regarded this conduct as highly objectionable and they were shocked and upset to the extent that they reported it immediately.
“The panel noted the patients were particularly vulnerable due to their diagnosis of dementia and that the misconduct took place within their home.
“The panel further noted that the conduct found proved to entail a violation of the trust of the patient and that of their families.
“The panel was mindful that while patients with dementia may not remember specific incidents, they are impacted nonetheless and may carry with them a feeling and emotion of being unsettled, fearful and anxious.
“The panel further noted that Mr Gardiner ought to have acted as a role model for junior colleagues within the home by setting an example of kindness and respect towards patients.
“Regarding insight, the panel considered that Mr Gardiner had not engaged sufficiently with the local level investigation or the NMC process, and had not provided any evidence of insight in relation to the incidents.
“Mr Gardiner was invited to provide a reflective piece early on in the local level investigation, however, the Care Home Manager reports that this was never provided.
“The panel is of the view that this remains a missed opportunity for Mr Gardiner to have demonstrated reflection and insight.
“Mr Gardiner was a nurse with over 20 years’ experience without regulatory intervention
“The panel has considered this case very carefully and has decided to make a suspension order for a period of three months with a review before expiry.
“The effect of this order is that the NMC register will show that Mr Gardiner’s registration has been suspended.”
A spokesperson for HC-One, who own the home, said: "The safety, health and wellbeing of our Residents are our top priorities.
"We have a zero-tolerance approach to the type of behaviour that has occurred and fully support the decision of the Nursing and Midwifery Council (NMC).
“We will always take action against anyone who falls short of the values and high standards we expect, and which Residents rightly deserve.
"When Colleagues first raised their concerns about the individual, we took swift action to suspend them and informed them that they should not, and could not, return to the home.
"Following an internal investigation and hearing, their employment contract was terminated.
“Our colleagues followed all necessary procedures, including notifying all relevant authorities as soon as we were aware of their behaviour, and acted in accordance with the adult support protection training that is a fundamental part of HC-One’s rigorous training programme.
“We can confirm that, prior to working in the home, this individual passed all pre-employment checks, including an enhanced PVG check."
Don't miss the latest news from around Scotland and beyond - Sign up to our daily newsletter here .
