A NURSE sacked after she straddled a naked patient and claimed 'it's been a few months since I have been in this position with a man underneath me' is set to take North West London Hospitals NHS Trust to the Court of Appeal.
The trust, which runs Northwick Park and Central Middlesex hospitals, dismissed Laura Bowater for gross misconduct after the incident in July 2006 and the senior staff nurse has been trying to clear her name since.
An employment tribunal panel in Watford concluded that the 30-year-old was unfairly dismissed in 2008, but an appeal was lodged by the trust and in December last year the judgement was overturned.
In the most recent judgement, the incident which occurred in the accident and emergency department at Central Middlesex Hospital, is described.
It states that it took place after Ms Bowater had agreed to help restrain a 'strong patient' that staff had lost control while he was suffering from a fit.
His trousers were removed to administer an injection into his buttock and although a gown had been placed on him his genitals were exposed. It goes on to state: "The claimant was at the bottom of the trolley, attempting unsuccessfully to hold down patient D's ankles.
"So she climbed on to the end of the trolley and sat herself astride his ankles. This was at a time when the patient D was in the prone position (face down). When patient D turned himself over into the supine position, he managed to kick the claimant between her legs and lifted her up so that she then landed astride patient D's naked genitals."
It was at this point, according to the statement, that Ms Bowater allegedly said: "It's been a few months since I have been in this position with a man underneath me."
It is also claimed that she made a similar comment to a colleague while they were in the washroom shortly after.
The solicitors firm representing Ms Bowater confirmed that she was in the process of trying to take the matter to the court of appeal, but stated that it was far too early for a date to be determined.
Ms Bowater refused to comment on the case.