John Van Berkel found guilty of misconduct after violent incident with patient

A security guard has been found to have attacked a patient after they lashed out at staff during a violent altercation at a Sunshine Coast hospital.

John Van Berkel was working at Nambour Hospital as a Protective Services Officer when he was accused of punching a patient in the face three times during a violent altercation in July 2021, documents state.

A Sunshine Coast hospital security guard punched a patient in the face three times during a violent workplace altercation after the patient lashed out at staff, documents have revealed.

Industrial Commission appeal documents state John Van Berkel was working at Nambour Hospital as a Protective Services Officer when he was accused of punching a patient in the face three times during a violent altercation in July 2021.

Documents state the incident began when the patient lashed out at several officers, with one witness saying the patient verbally threatened and tried to assault them. They said the patient had even “deliberately sprayed blood” from his hand at them.

The patient was in a “three-person restraint” when Mr Van Berkel was accused of punching him in the face three times, the documents state.

Emergency sign at Nambour General Hospital. Photo: Iain Curry / Sunshine Coast Daily

He was later found to have used excessive force, deliberately not turned his camera on and downplayed what happened during an investigation into the events, the documents state. He was told he may lose his job.

He later took the matter to the Industrial Commission to appeal the investigation findings, claiming the investigation had a significant impact on his mental, emotional and physical health and had left a lasting impact on his immediate family.

Mr Van Berkel claimed he did not punch the patient in the face but instead had pushed him with his fingers in a “curled or fist-like position” to avoid being assaulted.

He claimed his use of force was appropriate given the patient was verbally abusive and aggressive, and was evidently not excessive given a lack of visible injuries. The patient was also able to move his face without pain after the incident, the documents state.

John Van Berkel was found by investigators to have used excessive force, did not turn on his body-worn camera and downplayed events after he attacked a patient who lashed out at staff in July 2021.

Mr Van Berkel did not dispute allegations his body-worn camera was turned off, but claimed in documents the incident escalated so quickly he forgot to turn it on. He said other officers involved did not have their cameras on either.

He then claimed, in reference to downplaying what happened, that he always maintained he had pushed the patient, which was corroborated with another witness statement, the documents state. He denied being deliberately deceptive.

The documents state Mr Van Berkel then claimed the investigation against him had reached an unreasonable conclusion, claiming some witnesses were unreliable and there was no “substantial proof” of his actions.

Queensland Health, who were listed as respondents, stated their investigation findings were fair and reasonable with the evidence they had of the incident.

Industrial Commissioner Jacqueline Power agreed with the investigators that Mr Van Berkel had punched the patient in the face, and did not agree he acted in self-defence. She also agreed with them over the claims Mr Van Berkel should have turned on his body-worn camera.

She did not, however, agree with claims Mr Van Berkel had “clearly downplayed” what happened, saying Mr Van Berkel had a right to give his version of what happened to his best knowledge.

Mr Van Berkel was found guilty of misconduct for the first and second allegations, but not of the third.

A Sunshine Coast Health and Hospital Service spokesman said they would not comment on whether Mr Van Berkel would lose his job, in line with their staff privacy policy.

“Sunshine Coast Health is committed to improving the health and wellbeing of everyone in our region by providing high-quality healthcare services and supporting our people to provide those services in a safe environment,” they said.

Mr Van Berkel has been contacted for comment.

Originally published as John Van Berkel found guilty of misconduct after violent incident with patient