Mr Edward W Freeth
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Allegation
As a registered Operating Department Practitioner (ODP13232) your fitness to practice is impaired by reason of misconduct and/or a health condition, in that on 14 February 2017 you:
1. did not adequately accurately measure Patient A’s blood pressure in that, you utilised an oversized cuff to measure Patient A’s blood pressure
2. you did not raise concerns about Patient A’s blood pressure with any other member of clinical staff.
3. you inappropriately administered Volplex to Patient A:
a. without having the treatment prescribed and/or checked by a member of staff qualified to prescribe and/or
b. without checking the appropriateness of such treatment either prior to, or after administering the Volplex.
4. you did not adequately document in Patient A’s medical records that you had administered Volplex to Patient A.
5. You have a physical and/or mental health condition as set out in Schedule A.
6. The matters described at 1 – 4 above constitute misconduct.
7. By reason of your misconduct and/or a health condition your fitness to practicse is impaired.
Finding
Preliminary Matters
1.The Tribunal was satisfied that service had been effected properly and in accordance with the Rules, the Notice of Hearing having been sent to the Registrant’s registered address on the 18 February 2022. This was evidenced by the relevant proof of posting.
2.The Panel determined to hear the application for the Voluntary Removal Agreement (VRA) in private. In doing so it had regard to the Practice Note issued by the HCPTS in respect of “Conducting Hearings in Private”. It was satisfied that it had a discretion to hear matters in private if it considered that this was necessary in the interests of justice or for the protection of the private life of an individual, as opposed to the general presumption that matters would normally be conducted in public. In this case matters directly concerned the health of the Registrant and the Panel determined to hear the entirety of the matter in private. This was also consistent with the approach adopted at the previous adjourned hearing in April 2021.
3.Mr D’Alton then applied for the matter to proceed in the absence of the Registrant. He referred to the relevant practice note on Proceeding in Absence. He submitted that the HCPC do not have a signed VRA form from the Registrant. He highlighted the history of the matter and the previous adjournment of this case in April 2021. He stated that the Scheduling Officer contacted the Registrant by telephone in February 2022 and was informed by the Registrant that he would only sign the VRA form if it was sent by normal post. Mr D’Alton submitted that this was been done but no reply has been received. He added that he himself had attempted to contact the Registrant on the 5 and 7 April 2022 by telephone and left messages on his voicemail.
4.Mr D’Alton submitted that in all the circumstances it appears that Mr Freeth has voluntarily absented himself from today’s hearing. He submitted that it was in the public interest to proceed; the Registrant had indicated he did not wish to attend a hearing and if the matter were to be further adjourned there was nothing to indicate he would attend on a future occasion.
5.The Panel heard and accepted the advice of the Legal Assessor.
6.The Panel determined to proceed in the absence of the Registrant. In the Panel’s assessment the Registrant had been unequivocal throughout in stating he did not wish to attend or participate in a hearing. In the circumstances the Panel determined that he has voluntarily absented himself. There was nothing to indicate he would attend on a future occasion and there was public interest in the matter proceeding, mindful that the matter had been adjourned once already.
Decision on Application
7.Having already determined that a further adjournment would not be in the public interest, and in the absence of a signed VRA form, the Panel determined to reject the voluntary agreement application before it today. The matter will now be referred to be heard by a Panel of the Health Committee.
Order
The Panel decided to refuse the Voluntary Removal Agreement application.
Notes
Voluntary removal agreement hearing of the Health Committee to take place 8 April 2022 at 10:00am.
Hearing History
History of Hearings for Mr Edward W Freeth
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 08/04/2022 | Health Committee | Voluntary Removal Agreement | Other |