DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL:
Morgan Krauter, NP Chairperson Sylvia Douglas Public Member Carly Gilchrist, RPN Member Sandra Larmour Public Member Kerrie Naylor, RPN Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO ) MEGAN SHORTREED for ) College of Nurses of Ontario
- and - ) KIMBERLY O’BRIEN ) DAVID SCOTT MURRAY for Registration No. 09384007 ) Kimberly O’Brien ) CHRISTOPHER WIRTH_ ) Independent Legal Counsel ) Heard: February 27, 2024
DECISION AND REASONS
This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) of the College of Nurses of Ontario (the “College”) on February 27, 2024, via videoconference.
Publication Ban
College Counsel brought a motion pursuant to s.45(3) of the Health Professions Procedural Code of the Nursing Act, 1991, for an order preventing public disclosure and banning the publication or broadcasting of the name(s) of the patient(s), or any information that could disclose the identity(ies) of the patient(s), referred to orally or in any documents presented at the Discipline hearing of Kimberly O’Brien.
The Panel considered the submissions of the College and Member’s Counsel and decided that there be an order preventing public disclosure and banning the publication or broadcasting of the name(s) of the patient(s), or any information that could disclose the identity(ies) of the patient(s), referred to orally or in any documents presented at the Discipline hearing of Kimberly O’Brien.
The Allegations
The allegations against Kimberly O’Brien (the “Member”) as stated in the Notice of Hearing dated October 11, 2023 are as follows:
IT IS ALLEGED THAT:
- You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(1) of Ontario Regulation 799/93, in that while working as a Registered Nurse at Paramed Home Health Care, in Renfrew Ontario (the “Facility”), you contravened a standard of practice of the profession or failed to meet the standards of practice of the profession, as follows:
a. On or about May 4, 2019, you failed to adequately assess [the Patient]’s wound and/or determine appropriate treatment, and/or failed to properly document same;
b. On or about May 5, 6, 8, 9, 10, 13, and 15, 2019, you failed to adequately monitor [the Patient]’s wound and/or intervene appropriately, and/or failed to properly document same;
c. On or about May 5, 6, 8, 9, 10, 13, and 15, 2019, you failed to advocate for expert care for [the Patient] when it was required, and/or failed to properly document same;
d. On or about May 15, 2019, you failed to remain with [the Patient] until the ambulance arrived to transport her to the hospital; and/or
- You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in [subsection 1(12)](https://www.canlii.org/en/