Judge gives ‘overworked’ nurse probation act

A judge has ruled that a male nurse who admitted placing surgical tape across a patient’s mouth be given the Probation Act.

Judge Kevin Kilrane also recommended that Bimbo Paden be not struck off the register of nurses.

Judge Kilrane, who found that Paden, aged 39, was overworked in stressful conditions, said: “He does not pose any risk to patients in the future. To strike him from the register would be disproportionate.”

The judge was severely critical of the conditions under which Paden worked at St John’s long-term care hospital in Sligo, where Kevin Quinn, 49, from Ballymote, Co Sligo, was a patient for 13 years having suffered a brain haemorrhage.

At an earlier hearing, Paden, who worked at St John’s for 12 years shortly after arriving in Ireland from the Philippines, admitted assaulting Mr Quinn on June 26, 2013.

The court heard earlier a HSE internal investigation found Paden worked under serious stress and never complained about it.

The court had also heard from consultant psychiatrist Patricia Noone, that father-of-three Paden had been afraid to leave his home in Sligo since the assault, for which he accepted full responsibility, because he feared the community would be angry and abusive.

Dr Noone found that Paden had suffered guilt, remorse, depression, and panic attacks since the incident. His 10-year-old daughter had been questioned by other children at school about his actions, and he was ashamed of the embarrassment he had caused to his elderly parents in the Philippines, who this year celebrated their golden jubilee wedding anniversary.

Judge Kilrane, delivering sentence yesterday, said Paden was caring for nine patients, most in the high-dependency category.

Paden was tending to another patient suffering from terminal illness and who was irritated by noise being made by Mr Quinn.

The nurse placed a tape over Mr Quinn’s mouth. Detailed investigations had shown the workload in the unit was inequitably distributed, with Paden carrying an unduly high workload. It was ruled unsafe and unreasonable and there was a seriously inadequate level of staffing.

Judge Kilrane added: “There was severe understaffing in the unit. He carried a disproportionate and dangerous workload.”

There was no evidence Mr Quinn was harmed physically or otherwise.

The judge noted Paden was unable to contact Mr Quinn’s family to express his remorse for what he had done but he did ask the HSE to pass it on.

“It is very unfortunate the HSE did not communicate that remorse,” the judge added. “That is very disappointing.”

He noted that Paden had an excellent work record and carried out his duties with diligence. He speculated that, because Paden did not complain, he was lumbered with an unfair workload.

The judge said the assault was an appalling incident but was a one-off and totally out of character.

He said he found the facts proved but was dismissing the charge under the Probation Act.

Paden, who stood beside his solicitor, Mark Mullaney, during sentencing, wiped tears from his face as he turned to leave court.

Mr Quinn’s family said they were not commenting on the case for now on legal advice.

Mr Quinn’s brother Christy told an earlier hearing that Kevin had been silent for the past 12 years so he had difficulty understanding the nurse’s claim that he had been shouting.