Lawsuit Claims Nurse Was 'Worked to Death'

[Brian]

An Ohio man whose wife died in a car accident earlier this year is suing the hospital where she was a nurse, claiming she was "worked to death," and that the hospital knew about it.

Jim Jasper's wife, Beth, was killed on March 16 while driving home after a 12-hour shift.

The wrongful death lawsuit, filed last week, alleges that from 2011 to the time of her death, Beth Jasper's unit at the Jewish Hospital in Cincinnati was "regularly understaffed," causing some nurses, including Jasper, to work through breaks and pick up additional shifts.

Additionally, Jasper was routinely called into work while off duty because she was one of the few nurses qualified to work the unit's dialysis machines, according to the suit...

Reporter: In a statement, the hospital would only say. Our hearts go out to the family. We do not comment on pending litigation.

A nationwide shortage of nurses has created a dangerous situation. According to the ANA, one in ten nurses say they were involved in an exhaustion-related car accident. They're going to have to show that it would be reasonably foreseeable that the actions of the employer, would lead to the death of the employee.

Full Story and Video: http://abcnews.go.com/GMA/video/ohio-husband-sues-hospital-working-wife-death-20886095

additional coverage:

http://abcnews.go.com/US/video/lawsuit-claims-nurse-worked-death-20878382

http://www.cnn.com/2013/11/12/health/ohio-nurse-worked-to-death-lawsuit-says/

Nurses, what do you think about this story? Reply with your opinions. Have you been involved in an exhaustion-related car accident?

[cardiacfreak, ADN]

It sounds as if she was a dialysis nurse, if so there is no scheduled shift as you have to stay until every patient that needs dialysis is done. It is easy to rack up 80 hours in one week whether you want to or not. Unless you are trained in dialysis there is no "help" to send. Number 1 reason nurses quit dialysis is the long, unpredictable hours.

Good point. On more than one occasion I have seen the dialysis nurse at my hospital stay until midnight, then before I leave at 0730 the same nurse is back. I don't think I could be this nurse.

[monkeybug]

Even if mandated you can refuse if you feel you are not able and safe. It would hold up in court if you were fired

It would save your license, but not your job, if you live in a right to work state. I could refuse all I want at the last hospital I worked, and I could also be asked to leave and put on the do not rehire list. And many Boards of Nursing have weird views on abandonment. I was accused of abandonment by a house supervisor when I refused a shift. I was not on the clock and had not taken report. I called the board and was told that in a case like that, they let the hospital determine what is and is not abandonment. You can do what is morally and ethically correct, and still end up in the unemployment line.

[monkeybug]

I've never had an accident, but I have had to pull over and nap in parking lots before continuing home. The longest shift I've ever worked was 22 hours, and I was ruined for days after that. It took a long time to feel well again.

The article angers me with the "nursing shortage" crap. There is no shortage, there's actually a shortage of ethical administrators willing to staff appropriately.

Nurses are put in a Catch 22. If you feel the situation is unsafe, it's your duty to refuse. But refusing can get you fired, so many people trudge on, hoping things will work out. When there is a tragedy, the same people that would happily fire the nurse for refusing are the very ones saying, "Her fault! She should have refused if she was not comfortable!"

[Spidey's mom, ADN, BSN, RN]

I'm not sure what to think - yet.

I know many nurses who work 6 days on and 6 days off - 12 hour shifts - of their own accord.

As to mandating, it looks like each state is different.

I'll keep checking on this story.

[adnrnstudent, ASN, RN]

The only people that should get sued are anyone involved with Magnet. Since the ANA is still claiming a nationwide shortage of nursing, maybe they should get behind the majority of nurses who are ADN educated which many chose to get a useful B.S. like in Physics instead of a paper writing silly degree like a BSN.

It is time to vote out all of the Academic PhD's that are ruining nursing.

[Geslina, BSN, RN]

I hope he WINS BIG. I fortunately work at a place where we do 8 hr shifts, but even I work thru breaks and my half hour dinner. I hit the ground running, and leave exhausted every night. I am constantly asked to do doubles, and when you say no, you go on the **** list - though I have stopped caring, and now refuse all doubles. I didn't go into nursing to kill myself being overworked. I've worked hospitals, and I know what hospital nurses go through, and my best friend is a dialysis nurse. Employers are getting rid of nurses for whatever reason and not replacing them, expecting their remaining nurses to pick up the slack. It's not safe, not for patients, not for nurses...I understand that these employers have the right to make a profit, but not at the expense of other's safety...and sanity.

[NutmeggeRN, BSN]

Sad story for sure....But I know what drives my working two jobs, and that is money.

Tonight I go to work 3-10 after working at my primary job 7-230....And last night I was out till almost one AM (surprise concert tix). I wont call in even though I am tired.....not drop dead exhausted, but never the less tired. No one knows what went through her mind when the request call came for longer or extra shifts.

And for some, the acknowledgment that you are one of a special few who can do the work lends a certain level of self satisfaction, that may or may not have been a factor in the horrible ending to the story.

Probably not a popular view but one that could be considered.

[XSN_MIDAS]

Judging by other posts, it seems that dialysis hours fluctuate and youre kind of required to work those hours. People keep saying hospitals should hire more, more, more but at the same time people are saying turnover is high because of the work schedule for dialysis. Seems that its forever going to be difficult to properly staff an area that nobody wants to work in because it's difficult to properly staff....

What I do wonder is how long has she been working in dialysis and has she ever sought other employment. Granted no one should be over worked and forced to work until they are exhausted but at the same time, if things arent changing, it may be easier to look for another place to work (or at least another floor) instead of just dealing with things and waiting for change. Unfortunately if she never tried to change her situation and/or express concern to supervisors (so that there is documentation on file), the hospital can use this to their defense "she never said anything so we didnt know there was a problem"

[tokmom, BSN, RN]

Shame on the employer who allows nurses to work more than 2 12's in a row. So GLAD I'm retiring at the end of the year. At least I had a chance to take care of patients in much better times and those were the best years of my life.

I work 3/12's and wouldn't do it any other way. I get 4 days off in a row. My max is 4/12's and after that I'm exhausted.

[sMoLsNurse]

I remember working one night 3-11. The 11-7 nurse called out and I had to work it. The following night I had to work 3-11 then 7-3 the following morning. Three o'clock rolls around and no sign of the next nurse. I go down the the scheduler, she says she'll be here and so I wait another 30 mins. I then was talking with a colleague who said that nurse was on vacation. Welp, had to stay and work 3-11, almost fell asleep in my car on the way home! It's really ridiculous what some of these facilities will do to their nurses to cover shifts.

[CapeCodMermaid, RN]

I'd like to see more LTC areas get slapped with law suits like this. Those are the really dangerous places.

My nurses rarely work more than 8 hours a day. If someone calls out we might ask them to work 10 or 12 hours until someone else comes in.

[LadyFree28, BSN, LPN, RN]

My state board has told me that it is not considered abandonment if you have completed the shift you were scheduled to work. You can write out your report give it to the supervisor, and leave. Would I do that if I knew patients would likely not be safe? No.[/quote']

YES.