A Kirklees care home nurse has escaped a permanent ban from nursing despite refusing to try to save the life of a dying patient.

Winifred Jozi decided not to ring 999 or attempt any life saving treatment for a resident at Holme House Nursing and Residential Home at Gomersal.

The experienced nurse was called in after 59-year-old Susan Burgess was found to be unresponsive during the early hours of December 5, 2012.

Mrs Burgess was being treated for an early onset of dementia after suffering a head injury in a road accident.

Susan Burgess who died at Holme House care home Cleckheaton pictured with granddaughter Mia
Susan Burgess who died at Holme House care home Cleckheaton pictured with granddaughter Mia
 

But instead of attempting CPR or ringing 999, Ms Jozi rang NHS Direct – the then hotline for minor injuries or illnesses.

Ms Jozi also did not bother to fill in any forms to report the incident before going home at the end of her shift.

Ms Jozi was suspended by the home the same day and sacked following a disciplinary hearing in January 2013.

A post-mortem concluded “it was unlikely” that immediate resuscitation would have extended or saved the life of the patient.

In February following an inquest into the incident at Kirklees Coroner’s Court, coroner Oliver Longstaff blasted Ms Jozi’s lack of action.

Holme House Care Home, Oxford Rd, Gomersal
Holme House Care Home, Oxford Rd, Gomersal
 

But a disciplinary hearing of the Nursing and Midwifery Council (NMC) has now found her not guilty of misconduct and suspended her for only two months.

If found guilty she would have been struck off, preventing her from working as a nurse for at least five years and requiring her to be re-trained.

The NMC said there was a lack of evidence that the care home instructed staff to ring 999 in emergency situations.

The NMC panel also expressed concern about the reliability of evidence from the healthcare assistants involved and said they believed Ms Jozi’s claims that she had made clinical observations, which led her to believe it was not worth starting life-saving procedures.

But the panel did rule that Ms Jozi’s failure to remain on the scene or document the incident was serious misconduct.

The committee said Ms Jozi had “little concern” for the deceased which was a “serious departure” from what was expected of a registered nurse.

James Cregan, a director at Croft Care Group, which runs Holme House, said he was “disgusted” that his ex-employee had not been struck off.

Mr Cregan said he disputed the tribunal’s finding that it was not clear what to do in the situation, adding: “Even if it wasn’t, she’s a nurse, why wouldn’t you (try to save the life)?”