This article outlines the recent investigation conducted by the Health Care Complaints Commission (HCCC) into the actions of Ms Megana Pandey, an Assistant in Nursing (AIN) employed by Infinite Care.
In short, Ms Pandey was found to have engaged in serious misconduct in the provision of care and treatment to a vulnerable patient, resulting in her prohibition from working in the health sector for two years.
Background
On the night of 24 June 2023, Ms Megana Pandey and another AIN were responsible for the care of an 85-year-old dementia patient in Infinite Care’s Memory Support Unit. The resident was considered a high falls risk, required assistance with mobility, and was documented to wear safety equipment, including a helmet and hip protectors.
The investigation was launched following complaints of inappropriate and unsafe behaviour towards the resident. The allegations included unauthorised use of restraint, physical force, and neglect, all of which were captured on CCTV footage and supported by witness testimony from other nursing staff.
What were the complaints against Ms Megana Pandey?
The complaints against Ms Pandey included:
- Unauthorised Use of Restraint: She and her colleague tied the resident to a chair using a bedsheet. This was an unauthorised and undocumented form of restraint.
- Physical Abuse: CCTV footage showed Ms Pandey pushing the resident into a chair and dragging him across the floor.
- Neglect: The resident fell four times during her shift, and Ms Pandey failed to assist him or report the falls to the Registered Nurse on duty. The resident was left on the floor in urine-soaked clothing without appropriate care.
- Failure to Document: None of these incidents were recorded in the resident’s medical records, a direct breach of the Code of Conduct for non-registered health practitioners.
What did the authorities do to protect the public from Ms Megana Pandey?
Following a thorough investigation by the HCCC, which included interviews with staff, review of medical records, and assessment of CCTV footage, the authorities determined that Ms Pandey had breached several parts of the Code of Conduct for non-registered health practitioners (Code of Conduct) made under Schedule 3 of the Public Health Regulation 2022. Her actions were deemed to be unsafe, unethical, and a serious risk to vulnerable individuals in her care.
As a result, the HCCC issued a prohibition order which prevents Ms Pandey from providing any form of health services—either paid or voluntary—for a period of two years. This order is aimed at protecting the public from further risk. It serves as both punishment (specific deterrence) for the individual nurse and as a public warning (general deterrence) for all nurses and health care professionals.
What can patients impacted by Ms Pandey do?
If you or a loved one has experienced neglect or mistreatment in an aged care facility, you have legal options available to seek justice and compensation. These include:
- Victims’ Compensation: If a loved one has been the victim of gross negligence or assault, you may be entitled to financial support to cover the trauma and harm caused. This compensation is commonly available to victims of crime and serious assault.
- Legal Action: Families affected by aged care negligence can file a lawsuit for damages, which may include compensation for pain and suffering, medical expenses, and loss of quality of life.
What are the steps in making a claim against an aged care worker?
- Contact Us: The Law Office of Conrad Curry offers a free initial consultation to discuss the details of your case and provide expert legal advice.
- Gather Evidence: We will help you collect essential documentation, such as medical records, incident reports, and all other relevant materials, to build a strong case.
- Legal Proceedings: Once we’ve reviewed the evidence, our team will represent you through the legal process, ensuring your case is pursued to achieve the best possible outcome.
Are there any time limits?
Yes, claims for aged care negligence or abuse must generally be made within three years from the date of the incident or from when you became aware of the misconduct. However, in certain circumstances, exceptions may apply, allowing claims to be filed later. It’s essential to consult a legal professional as soon as possible to avoid missing the opportunity to seek justice.
How The Law Office of Conrad Curry Can Help
At The Law Office of Conrad Curry, we are committed to holding aged care workers and facilities accountable for any breaches of duty, breaches of trust and misconduct. Our experienced legal team understands the complexities of aged care negligence and is here to support you through every step of the legal process. We will provide compassionate, professional representation to ensure that your family’s rights are upheld, and that those responsible are held to account.
If you or someone you know has been impacted by aged care negligence, don’t hesitate to reach out for a confidential consultation. We will help you navigate the legal system and secure the compensation you deserve.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
