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Dear Sir,

I am a qualified Medical Practitioner and working in obstetrics and genecology department. I sometimes work in A & E on locum arrangement. Two week before, we got emergency call from paramedic’s ambulance services of arrest of 5year boy. The A&E unit was set up for receiving the boy and my duty was the time recording of every incidents of managing the cardiac arrest.I was recording the timing in my mobile and simultaneously writing on the board. We tried almost 6 hours to save the boy and at last boy was dead. Last week I received a phone call from the Medical Director saying that he want to have a word with me of some incidents happened at A & E. When I met him he told me that a student nurse raised an allegation against me that, I was taking the photograph of the dying child. I was literally shocked. I told him that I never done it, you can check my mobile and my mobile will flash for the incoming calls. My director was not listening to me. My investigation meeting is scheduled on next week. I am too much panicking of my career and can you please advise me. Nobody complaint against me except the student nurse and others thanked me of the help and support. what to do?
Dear Dr Ibrahim
We believe that, the allegations levelled against you was in the middle of a resuscitation attempt to save the life of a boy. We imagine that, there will be more than 15 persons involved in managing a cardiac arrest. This will include Cardiac Arrest Team,Resus Team, specialised anaesthetist, site manager, specialised nurses etc.  You are saying that, the concern is raised only by a student nurse and all others engaged thanked you. That means you are in 15:1 equation. As per the Employment Law, if 15 people did not support the allegation, the allegation has to be treated as a sole evidence. This principle is in favour of you.
You are ready to give your mobile phone, for any type of investigations and the employer is not willing to do the same. That is an error on the part of the employer. As per the well-established principles under the Employment Law, prima face case is to be set up by the employer. This point is also in favour of you.
Is it humanly possible to record the various events in a resuscitation attempt and take the photograph simultaneously?
Additionally, what is the logic in taking the photograph of a dying child? What is the intention behind it? What you gained by taking a photograph of dying child? No prudent man will do the same because there is no use in it.
It also very important that, what was duty of care delivered by the student nurse? She cannot stand there as an observer. She has deliver some forms of care during an emergency situation like Resus.
So ``on the band of reasonableness`` it is difficult for the employer to prove a prima facie case against you.
We advise you to take up, all these points vigorously in the investigating meeting.
The information contained in this article are from the event happened previously. The author of this article takes no responsibility in any shape or form should someone decide to act upon or use it for his/her personal consumption. The article has merely been presented exclusively for information. Should some on decide to use it for any reason, is strongly recommended to take independent legal advice prior to acting upon.
Zenith Solicitor.

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