Martin Wainwright 

NHS staff want assault protection after kidney patient jailed

· Nurse was attacked by convicted rapist · Union calls for Scottish measures to be extended
  
  


Health staff are stepping up pressure for additional protection against violent patients after a convicted rapist was jailed for assaulting a nurse during a regular visit for life-saving kidney dialysis.

Donald Gibson, nicknamed Hannibal Lecter at Edinburgh Royal Infirmary because of his confrontations with nurses and support staff, was sentenced to nine months yesterday at Edinburgh sheriff court. He admitted kicking nurse David Walker and throwing water at him during a test for blood pressure.

He also pleaded guilty to racial abuse of a German security guard, Martin Schulz, by calling him Adolf and shouting that he was a member of the Hitler Youth.

The case has highlighted concern about protection, particularly with a nationwide increase in drunken admissions who may quickly turn violent. Security staff at Hull Royal Infirmary have been issued with metal detectors to check for knives and several trusts are experimenting with street "field hospitals" to tackle late-night casualties in city centres. Prosecutions for violence against health workers have also soared, although largely because of a tougher attitude to abuse. The 2002-03 total of 51 court cases rose to 759 last year.

Gibson, 37, served a previous jail term for raping a young teacher and subjecting her to a 12-hour sex attack. He also has convictions for robbery, serious assault and most recently breach of the peace in another confrontation with a nurse.

The court heard that his behaviour during his three weekly visits for dialysis was so intolerable that he was treated in a suite for patients needing isolation treatment and was always accompanied by security guards. NHS Lothian has also been granted an Asbo against him.

Gibson's defence agent Nigel Beaumont said that he had a phobia of needles and was stressed and frustrated by having to go to hospital so often.

Sheriff Gordon Liddle told Gibson: "I would expect that most people receiving such treatment would be grateful and show respect for the hospital staff, but not you. The public rightly expect hospital workers to be protected from assaults and it is clear that [the Scottish] parliament has recognised that with special penalties for assaults on emergency workers and also special measures for racial abuse."

The penalties apply only in Scotland, and Unison repeated its call for similar laws in the rest of the UK.

The public sector union's head of health, Karen Jennings, said: "We would like to see health workers given the same legal protection as police officers with the introduction of a new crime - assault on a public sector worker."

The union has welcomed plans to give the NHS power of removal and a £1,000 fine, but wants the new crime on the statute book as an added deterrent.

The NHS Security Management Service for England has been less convinced about a new crime, concentrating instead on reporting and investigating attacks.

 

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