The High Court has confirmed the removal of midwife Gertruda Kudelska from the Register of Nurses after finding that serious deficiencies in her clinical practice posed a risk to mothers and babies at Dublin's Rotunda Hospital.
Kudelska, a Polish national who had lived in Ireland since November 2005, entered the Irish nursing register in September 2006. She began work as a staff midwife at the Rotunda in September 2007. Her application had described about 30 years of midwifery experience.
Soon after she started, colleagues and senior staff raised concerns about her clinical knowledge, practical competence and ability to communicate in English. The hospital provided additional training, close supervision and free professional English tuition.
Assessments carried out between September and December 2007 nevertheless recorded continuing concerns. Staff concluded that she required a level of support well beyond that normally provided to a staff midwife. One assessment found that she could not explain how she would respond to common post-natal emergencies including post-partum haemorrhage and a baby collapsing.
Her employment was terminated in January 2008 and the hospital made a formal complaint to An Bord Altranais. Following a Fitness to Practise inquiry in May 2008, four allegations of professional misconduct were upheld. The board later erased her name from the register, with restoration dependent on completing English and undergraduate midwifery courses to its satisfaction.
Kudelska asked the High Court to cancel that decision. Because she disputed significant factual findings, Mr Justice Hedigan conducted a full rehearing and heard witnesses rather than limiting the case to a review of documents.
The judge found that her competence fell far below the required professional standard and rejected claims that hospital staff were prejudiced against her or that she had been denied fair procedures.
He concluded that An Bord Altranais had acted properly and that the findings of misconduct were supported by the evidence. The court therefore confirmed the decision to erase her name from the Register of Nurses.