Fired from job - page 4

:( I must not know how to get started on this thing. I want to get some advice about a problem I am having as an LVN. I worked for hospice for only 6 weeks. One nite they sent me to a lady whose... Read More

  1. by   texas_lvn
    Prayers being said for you and yours. Keep your head high. Texas
  2. by   MAP1
    Hi , you need an attorney = fast. you need to scare them alittle- this sounds way overboard for what happened - you were with a complicated situation there and that has to be taken into consideration but also protect yourself from furthur assaults
  3. by   CMCRN
    I agree, attorney ASAP! He/She will be able to advise on everything including whether or not to inform them you have one.
  4. by   goingnuts
    Hey I finally got some help in getting an attorney. It was not easy. I went on line and finally heard from the Community Network. They will refer me to an attorney in my area. It is 24.95 a month for the service but that is nothing to me. The lawyer will be willing to take the case and it will be about 75 an hour. They were real interested in hearing about there not be anything for me to do. Well that is the truth. Out of the six weeks I was there I don't think there was a weeks worth of work for me to do. There wasn't anything for the other evening nurse to do much less me. There just wasn't any patients. No pt. no work. Anyway I feel much better about everything. At least I think I can make it to my other jobs now. Thanks everyone.
  5. by   gitterbug
    good luck.
  6. by   texas_lvn
    Any updates? Did you go to the review? How are things? Please keep us posted.
  7. by   Lacie
    Quote from IMustBeCrazy
    I agree, attend the peer review.

    However, since you are no longer employed, you have no duty to report to them whether or not you intend to be present with counsel. It is a courtesy only, and do you really feel like playing nice? Frankly, I would send back a short but sweet message to them "Yes, I will be there and I will participate in the peer review." I would send this via letter or fax, do not talk to them on the phone, this limits the follow up questions that you know they will ask. I would hire an attorney and take them with you to the review and not let the hospice agency know beforehand. It is none of their business - you are protecting your reputation/livelihood with whatever means you legally have available, as do they. Who knows...they may elect not to have counsel present and then you have a leg up. At this point, it's all about strategy. Outplay them at their own game.
    Very good advice! In addition I would not send anything via fax but send it via "Certified Mail" and ensure you have copies of everything. Keep the return delivery confirmations. If you already have retained an attorney then let them deal with it from the start. If the employer contacts you, refer them to your attorney and dont say anything to them without your attorney's advice/presence. Take it from someone who has had to deal with the fall out from false claims to BON's as they dont look out for you but for the public safety as thier first concern. They (BON's) dont give a rat's bottom how you come out of it if it does go to boards. If complaints are made they are ultimately obligated to act on that complaint regardless of it's validity. Either way it ends up costing you the aggravation and the $ to prove your innocence over the implied guilt. Unlike the legal system it's not innocent until proven guilty.
  8. by   barbie90210
    [font=book antiqua]several people have said that they "stay away from home health" because of situations like this. however, these types of things happen in hospitals all the time. just because there might have been people in the hall to hear the woman screaming wouldn't have saved you. it comes down to whether the hospital administration will support you by having your back. many people have had bald-faced lies told about them in hospitals. your only defense is to document everything - especially when dealing with a disturbed patient or family. for that agency to fire you on the basis of her crazy report is downright - crazy! they also risk a lawsuit from you for defaming your character and accusing you of abuse and assault. i think they must have been looking for a reason to fire you or never accepted you. it's a shame to find out that way. many times patient complaints can be handled in such a way that they are minimized. other times a supervisor will milk the complaint for all it is worth encouraging the family to write you up. patient complaints and unhappy customers are common even in hospitals. my only concern would be giving an elderly patient that much medication. they can be very sensitive and become confused - i don't know if that was an issue. just because you had an order for all those meds doesn't mean they should all be given at the same time. however, it is your word against hers. if it were true that you were accused of manhandling the patient it should have been investigated and the injuries photographed the next day. you don't even know if the woman abused her own husband and took photos of the abuse! it is critical to know what was said, when it was said, and what was done about it. the other comment i have is that if you have malpractice insurance (extremely important) it covers some legal expenses. i hope you are covered as it costs only about $90 a year where i live. personally, i don't think they have a leg to stand on. the board will determine if the law has been broken before an investigation is initiated. no proof, no case. you have grounds to collect unemployment from the hospice and i would even see a therapist to document the stress they have caused you with their unfounded and unproven accusations. i wouldn't say that hospice nurses are any less skilled than hospital nurses. it is a different focus of nursing. however, it is an area in which you are on your own. no matter where you work in nursing there is always the risk that someone will report you for an actual or conceived misstep because everything you do is on display - yet some things you do are not viewed. anyone can accuse you of anything. so you have to be extremely careful and i'm sure you will if a similar situation arises in the future. :blushkiss
  9. by   goingnuts
    Quote from texas_lvn
    Any updates? Did you go to the review? How are things? Please keep us posted.
    Thanks for caring. I have decided not to go to the review. It will not be fair since those nurses work there so what would be the point. Whether I go or not they will do exactly what they want anyway. I kind of think that if they believed I did this terrible thing they should have just gone ahead and reported me. Abuse is abuse and the board wants that sort of thing reported immediately. Not three months down the road. So while I am concerned at least I am not terrified anymore. It is surprising what giving yourself time to think will do. Now if they take this to the board then I will get an attorney. Otherwise I will not. They are not easy to find so this must not happen that often. If it did and there was money to be made then there would be lawyers ready and waiting. Let me know your opinion of my thoughts. It always helps to get another perspective.
  10. by   JB CC-RN
    Maybe I missed this in the posts, but did any of the supervisors do an investigation? I would think that if a charge of abuse or 'torture' was made by a family member, someone from the facility would go to the home and invesigate. This to me makes no sense if this was not done.
    I did home care several years ago as a CNA. I had worked with this one couple for about 4 months. When the weather started turning warm, she asked me to clean out her basement and garage, beacuse she would like to have a garage sale and wanted me to get everything ready. I politely told her that I was there to care for her husband and not to clean the basement, garage or organize a garage sale. The next day, she called and filed a complaint with my agency stating she felt I had 'mental' problems and requested I did not return. Fortunately, my agency just shuggled it off, especially since I was not the first one she had made the same complaint about.
    Get a lawyer, go to the peer review, and defend yourself!!
    Best of luck to you. Keep us posted!!
  11. by   goingnuts
    Quote from JB CC-RN
    Maybe I missed this in the posts, but did any of the supervisors do an investigation? I would think that if a charge of abuse or 'torture' was made by a family member, someone from the facility would go to the home and invesigate. This to me makes no sense if this was not done.
    I did home care several years ago as a CNA. I had worked with this one couple for about 4 months. When the weather started turning warm, she asked me to clean out her basement and garage, beacuse she would like to have a garage sale and wanted me to get everything ready. I politely told her that I was there to care for her husband and not to clean the basement, garage or organize a garage sale. The next day, she called and filed a complaint with my agency stating she felt I had 'mental' problems and requested I did not return. Fortunately, my agency just shuggled it off, especially since I was not the first one she had made the same complaint about.
    Get a lawyer, go to the peer review, and defend yourself!!
    Best of luck to you. Keep us posted!!
    As i said before they have my statement. Nothing i say is going to make any difference.I will just go on pretending I know nothing about any peer review. I just don't think my not going is going to make any difference. I will get a lawyer if I have to go to the board.
  12. by   christymwinn
    Going to the review can make a difference. It shows that you care about what is being said about your professionalism and your career. You also will be there to hear ANYTHING that is said about the situation and about you. To hear the info first hand and to be able to "read" the attitudes about those that are making the decisions that will affect your whole career are very important.
    I hate to be in confrontational situations of any kind, but if this was me, I would have to be there or I think i would be physicaly ill just over the stress of worrying about it all!!
    I strongly encourage you (as with most I see on this post) to go!
  13. by   Creamsoda
    Like a previous poster said, I think it would be silly not to go. By not going you come across as not caring what happens, and they may view it as passivly admiting defeat which could lead to more investigations occuring. I think you are doing a diservice to yourself by not attenting.

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