An experienced mental health nurse has been struck off after pushing a dementia patient twice onto a chair ‘causing harm’.

David Victor Graham, a nurse for some 40 years, breached the code of conduct while transferring a patient – Patient A – from a dementia care unit to Manannan Court in June 2019.

He also failed to document the transfer and a year after, while an investigation into his misconduct was ongoing, tried to contact Patient A’s wife. By that stage Patient A had sadly died.

Graham had already been dismissed by Manx Care but he has now been struck off the nursing register following a Nursing and Midwifery Council (NMC) misconduct hearing held last week.

The hearing heard how Graham registered as a general nurse in 1980 and then became a mental health nurse in 1991.

Graham was referred to the NMC on July 15, 2020 by the Dementia Care and Support Service (DCSS) manager with overall responsibility for Manannan Court Acute Services.

At the time of the incident Graham was employed as a Band 6 nurse within the DCSS, based at the Thie Menagh Unit supporting elderly patients with dementia who display challenging behaviours.

Patient A could be physically aggressive towards staff and had displayed such challenging behaviour in the days before the pushing incident took place.

On June 22, 2019, Patient A was assessed and detained under the Mental Health Act and was moved from the unit to Manannan Court on June 24 that year.

Graham was involved in transferring the patient and arrived at Manannan Court along with other staff and the patient’s wife.

But the next day staff raised concerns about Graham’s behaviour during the transfer and CCTV was viewed which appeared to show Graham using excessive force, including pushing Patient A onto a chair.

He was suspended and an internal disciplinary investigation was launched. Police also carried out an investigation but took no further action.

Graham submitted his resignation in March 2020 and was dismissed from his post for gross misconduct in June that year. In the meantime, Patient A had sadly died (unrelated to the incident).

While the investigation was ongoing, Graham decided to contact Patient A’s wife and asked her to meet for a coffee, but the daughter advised her mum not to. Graham called the wife several more times, so the police were called and he was advised to stop.

Graham was charged by the NMC with using inappropriate methods of handling and/or restraint.

He was also charged with failing to document the patient’s behaviour during transfer, how it was managed, what restraints were used and the handover of information to Manannan Court staff.

He was further charged with breaching professional boundaries by contacting Patient A’s widow while an on-going investigation was taking place.

In his evidence, Mr Graham said he acted in the way he did because the patient had attempted to bite, hit, punch and kick him.

The panel also found the allegation of failing to document the transfer was proven although Graham tried to argue he could not access the IT system.

Graham was also found to have breached professional standards by trying to contact Patient A’s wife which was described as ‘inappropriate’.

In his evidence, Graham said: ‘Through my personal experiences I felt it would be all right to give her a call and express my condolences to her and the family.’

But the panel said: ‘There was no legitimate reason for Mr Graham to telephone and meet with Patient A’s widow and noted that this had caused her considerable distress, at a time when she had recently been bereaved.’

The panel concluded that Graham’s actions were a breach of professional standards and all three charges amounted to misconduct.

It said: ‘The panel was of the view that Mr Graham did not follow hospital policy with regard to the manual handling and restraint of Patient A and he did not show respect to Patient A when he pushed him back onto the seat against his will both times.

‘Further, Mr Graham caused actual harm, both physical and psychological, to Patient A and potential psychological harm to Patient A’s wife.’

In relation to contacting Patient A’s wife, the panel said: ‘We noted that Mr Graham’s conduct caused significant distress to Patient A’s wife and daughter, so much so that Patient A’s family involved the police. The Police told Mr Graham not to contact Patient A’s family again. This indicates the level of severity and distress caused by Mr Graham’s actions.’

The panel was also concerned Graham had not grasped the severity of his actions and behaviour and were worried such behaviour could be repeated in the future. It determined his fitness to practice was impaired.

The panel said: ‘We have considered this case very carefully and have decided to make a striking-off order. It directs the registrar to strike Mr Graham off the register. The effect of this order is that the NMC register will show that Mr Graham has been struck off the register.’

An interim suspension order has been imposed for the next 28 days during which period Graham can appeal. If he does not appeal the striking off order will come into force.