Mr Kieran McDermott

: Physiotherapist

: PH91782

Interim Order: Imposed on 02 Oct 2015

: Final Hearing

Date and Time of hearing:10:00 22/01/2018 End: 17:00 23/01/2018

: Health and Care Professions Council, 405 Kennington Road, London, SE11 4PT

: Conduct and Competence Committee
: Hearing has not yet been held

Allegation

During the course of your employment as a Physiotherapist at University Hospital Birmingham NHS Foundation Trust between June 2012 and 31 March 2015, you:

1. Were unable to consistently work as an autonomous Band 5 physiotherapist, in that you:
a) required a sustained level of guidance whilst working with patients;

b) were unable to consistently hold a full case load as expected of a Band 5 Physiotherapist.

2. Did not consistently maintain accurate and/or adequate and/or contemporaneous records in that you:

a) between June 2012 and December 2012, did not consistently provide sufficient information in patient notes;

b) between June 2012 and December 2012, produced Patient notes which lacked subjective and/or objective measures;

c) between June 2012 and December 2012, did not consistently record subjective markers;

d) on or around February 2013, in relation to Patient C, did not document:

i. which hip had been mobilised;

ii. your reasoning as to why the hip mobilisations were performed on Patient C;

iii. which specific mobilisation was performed.

e) on or around October 2013, required consistent reminding and/or prompting to maintain patient records;

f) on or around June 2014, completed a manual assessment of neck accessory movements on Patient E and did not record:

i. which joints had been palpated;

ii. the grade of palpation;

iii. what range of accessory movement issue was found.

g) on or around October 2014, you:

i. were unable to accurately record assessment and treatment sessions for patients;

ii. omitted information from records including gait pattern and/or hands on treatment.

h) on or around December 2014, did not consistently record evidence of clinical reasoning on patient records.

i) In or around October/November 2013, in relation to Patient D your records did not identify:

i. the exercises performed in relation to the patient;
ii. your clinical reasoning for the insertion of the nasophararyngeal airway (NPA);

iii. any treatment/management plan in respect of the NPA.

3. Demonstrated poor assessments and/or treatment to patients, in that you:

a) on or around 2012, inaccurately measured patients knee range movements;

b) on or around 2012, misinformed patients of their progress;

c) did not consistently read patient notes prior to treating the patient;

d) did not consistently provide appropriate treatment to patients;

e) did not consistently provide reasoning for:

i. subjective assessments;

ii. straight leg raise;

iii. leg length;

iv. gait analysis.

f) did not consistently form hypotheses from the assessments you conducted on patients;

g) on or around August 2013, you were unable to and/or could not demonstrate measuring range of shoulder movement;

h) on an unknown date, during your rotation at the Royal Orthopaedic Hospital, you inaccurately measured a patient’s leg length following hip surgery;

i) on or around 15 August 2012, during your rotation at the Royal Orthopaedic Hospital, you did not ask a patient had had a microdisectomy about red flags including:

i. Coughing;

ii. Sneezing;

iii. Bladder function; and/or

iv. Bowel function.

4. Did not consistently demonstrate adequate clinical reasoning:

a) in relation to treatment planning;

b) in relation to modification of the patient’s treatment;

c) in that during a discussion with your colleague in relation to Patient B, you were unable to independently provide clinical reasoning for applying manual resistance as part of the patient assessment conducted on 4 January 2013;

d) in that on or around 24 October, when completing the gym transfer form in relation to Patient H, you did not record the patient’s diagnosis and/or treated Patient H without knowing their diagnosis.

e) on or around June 2014, in relation to patient E, you were unable to provide clinical reasoning for your manual assessment of neck accessory movements on Patient E;

f) on or around October 2014, you were unable to clinically reason why a patient may be presenting with a deficit.

5. Demonstrated poor patient safety, in that you:

a) on or around August 2012, prescribed excises to patients in a hip class without checking the patients’ conditions and/or the appropriate precautions;

b) on or around 14 September 2012, in respect of Patient A, you:

i. did not consider and/or demonstrate clinical reasoning in respect of which leg the patient should lead with on climbing stairs;

ii. did not provide the patient with specific instruction prior to asking them to climb the stairs;

iii. did not assess the patient before asking her to climb the stairs.

c) on or around 18 October 2012, you put a patient who had  had an ankle fusion on a patient’s cross trainer;

d) on or around 4 January 2013, in relation Patient B, who had had rotator cuff repair surgery, you applied manual resistance for strength;

e) In or around October/November 2013, in relation to Patient D you:

i. recommended the insertion of a NPA;

ii. did not consult with a senior member of staff prior to the recommendation at (i) above;

iii. delivered NPA to Patient D which caused Patient D harm;

f) on or around October 2014, conducted physiotherapy exercise with Patient F which was unsafe;

g) on 17 October 2014, requested Colleague A’s assistance to move Patient G on and/or off the floor but proceeded to move Patient G despite the risk;

h) on a unknown date, during your rotation at the Royal Orthopaedic Hospital, you asked a patient with a hip replacement to use the leg press machine;

i) on or around 24 August 2012, you placed a patient who had had a microdisectomy into a slump position

j) on or around 18 December 2012, when observed by a colleague, you:

i. did not assess a patient’s ability to perform straight leg raises before asking her to do so;

ii. asked the patient to perform straight leg raises on more than one occasion.

6. On or around June 2014, in relation to patient E, worked outside of your scope of practise is in that you completed a manual assessment of neck accessory movements on Patient E.

7. Did not consistently communicate effectively with patients and/or colleagues in that you:

a) on or around 01 November 2013, did not communicate the full clinical situation regarding Patient D to senior staff and/or on call staff;

b) on or around October 2014, did not consistently use active listening techniques in that you:

i. turned your back on patients when they were explaining their complaint to you;

ii. asked patients questions that they had already answered;

iii. shuffled papers and read your computer screen whilst Colleague A provided you with feedback;

c) on or around 27 May 2014, were aggressive towards Colleague A and Colleague B when they discussed discharge planning with you.

8. Did not consistently demonstrate adequate time management.

9. The matters set out in paragraphs 1 – 8 constitute lack of competence.

10. By reason of your lack of competence your fitness to practise is impaired.

 

Finding

No information currently available

Order

No information currently available

Notes

No notes available

Hearing history

History of Hearings for Mr Kieran McDermott

Date Panel Hearing type Outcomes / Status
22/01/2018 Conduct and Competence Committee Final Hearing Hearing has not yet been held
12/06/2017 Conduct and Competence Committee Final Hearing Suspended
05/12/2016 Conduct and Competence Committee Final Hearing Adjourned part heard
02/09/2015 Investigating committee Interim Order Application Adjourned