protecting yourself against complaints

Nurses Men

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I am a male nurse working on a med-surg unit . My shift is nights. I am wondering how or if it is even possible to protect yourself from complaints by female patients for "touching them inappropriately." I have had this happen twice. One was a 74 year old lady , pysch history. When I woke her up to take her 0600 meds she acted very very scared. Much more fear than out of the ordinary. Of course I apologized for startling her, gave the meds and left. A few days later the hospital was investigating a complaint she made stating I touched her inappropriately. I had floated to this floor one time only, seen this pt one time only. However her complaint was that one day I was a nurse, one day a lab person, one day dressed as a doctor and even a black man one day. One would think that this complaint might cause you to suspect that she has some issues. The hospital investigated, found no basis for the complaint. The end I thought. Approx. 3 days later I was called down to the nursing office and was left with two detectives from the local police department who questioned me for 3 hours about the incident. It seems the husband was not happy with the hospitals findings so he went to the police. Again nothing came of this.

The second complaint just recently was another lady late 60's in on an overdose. She was unhappy because the pain med ordered by her MD did not meet her criteria. I explained to her over and over that I could not give meds not ordered, or increase frequency without an MD's order. She had a hep locked IV in her hand and I had to give her an antibiotic. This was done with no problem. The next day I was assigned te same patient and before I actually saw how ever the charge nurse came to me and said that the patient did not want me to take care of her. I was not sorry about this and gladly accepted a switch in patients. However I learned that she has no complained that she did not like the way I touched her hand when flushing the hep locked IV, The charge nurse asked if I was not gentle, was I rude etc. She responded that she just did not like it. Over the weekend I got a telephone message from my nursing supervisor stating this lady had made a complaint about me. Her message was "I know you did nothing wrong, but in the light of what happened last year we need to talk." I called back she is on vacation for a week. Leaving me to worry about this.

I am so frustrated with this. The other nurses I work with when I have talked to them about this first reaction is "YOU?????" Of all people I am more careful re: touching any patient in a way to make them uncomfortable. I am much, much more careful than any of the other RNs when it comes to not exposing patients. I always ask for permission, and explain what I am doing. Every complaint has been with a older female, most with pysch issues. I have had many female patients and their families request I take care of them or their family member.

It seems that all it takes is one angry, vindicative patient to ruin your career. I have had two thoughts regarding this. One is to leave nursing entirely. The other is to make it very clear to the hospital and patients that complain that I will take legal action against the patient for slander or defamation. Really I doubt this would ever get me anything, most of these patients have no money, etc. The fact is I don't want their money, I want them to be made to be responsible for what they say.

Despite all this I really do love being a RN caring for so many fine people. I live every day at my job in fear that someone will say something. Of course you are guilty until proven innocent, and even when proven innocent a cloud of suspicion follows you.

As for suggestions we have a patient ratio at night o 1:10, with 1 or 2 CNA's for30 patients so it s not always possible to get a female nurse, CNA to join you when working with a female patient.

Am4182, I am sorry that this is happening to you. I work in a Psych floor and I have heard issues like this-----patients "mostly" accusing the male staff of things like these (and one was actually "suspended" and no one exactly knows what happened to him afterwards because we didn't see him again after the incident), but that is not to say that the female staff are absolved too-----because I have also seen a female technician being accused of such and such by a confused old lady while doing a 1:1 at night time-----and what she did was to summon the charge nurse in the room, wrote a note on the chart, and wrote an incident report, as well as tell the manager about it. When issues like this happen, you have to protect yourself and be "noisy" as can be so that everyone who needs to be aware can be aware of it. Also, I warn the technicians and other nurses that they should be careful in going in to the patients' rooms, what might seem as an "innocent and friendly" touch might be misinterpreted by the patient-----especially if she has delusions or is confused. Because of the type of population I work with, Even if I am a female, I always ask another female staff member to accompany me to the room whenever I give an IM in the gluteal area. One male nurse asked me to go with him too in the room of the patient to give an IM shot. Sounds strange but it's always best to protect yourself. No one wants to be accused of inappropriately touching a patient. Because in the end, it could be her word against yours. When I explain to my co-workers the rationale, they seem to understand. I know it can be busy but I just find a way to do that. You might be a good and a diligent nurse who wants to give out medication and do the treatment right away. But make sure you also protect yourself. I hope you don't quit nursing. Perhaps, a better working environment would be helpful. Good luck!

so if I am going to do any nursing task that involves touching the patients private area, e.g. applying cream or giving IM's etc, how would I get a colleague to witness it?

Does the colleague stand just outside the curtain while you are doing your nursing task or does he/she go together with you and stare at what you are doing to your patient?

It is rare that I give the IM in the gluteal area, but when I need to and I do, I make sure someone is with me inside the room. The co-worker of mine doesn't have to stare at us, but her presence in the room is enough. It is also rare that patients need to apply something in their private area but when it happens, I make sure that someone is also with me. I do that because of the patient population that I work with---they are sometimes delusional, paranoid, or confused. And with what happened to other co-workers of mine, I don't think I'd be willing to take a risk. I just tell my co-worker that I am uncomfortable doing it alone and that I need someone to witness it. You can think of ways how to protect yourself, something that can be applicable to the unit you work in. Also, it depends on the type of patient you are dealing with.

I'm a gay male so although I don't know how much that would protect me in a legal crisis I'm sure it would weigh on my side. It sure helped when a female colleague tried to make accusations.

Of course I realize this doesn't help if your orientation is normal.....

Specializes in Telemetry & PCU.
I'm a gay male so although I don't know how much that would protect me in a legal crisis I'm sure it would weigh on my side. It sure helped when a female colleague tried to make accusations.

Of course I realize this doesn't help if your orientation is normal.....

Dude- your orientation doesn't help you at all!!! Many folks in this country still think that homosexuality is perverse. A good lawyer would literally skewer, saute, and cook you right on the stand especially if we are talking about a minor of either sex.

I'm a gay male so although I don't know how much that would protect me in a legal crisis I'm sure it would weigh on my side. It sure helped when a female colleague tried to make accusations.

Of course I realize this doesn't help if your orientation is normal.....

Your orientation is as normal as a straight guy's.

While I definitely think that people should be held accountable for false accusations made, I don't think that incarcerating two older women with psych issues would help anyone. I agree with the suggestions here about communicating with you manager/facility about the problem and insisting they support you. You are a professional and they need to treat you as one.

Don't leave nursing, especially not before trying other facilities. A good work environment can be key to feeling good at the end of the day. You already love nursing and most people are good people. Hang in there.

Emma "pep rally" Peel

P.S. Did you get individual malpractice yet? It is cheap, not like for M.D.s

Obviously you have never been put into this situation. I was falsely accused of sexual harassment by a co-worker who had supposedly received two complaints from others. I was disciplined. Then months later a patient file a false allegation of professional sexual misconduct. If the DON had of investigated the allegation properly, they would have found out her long psych history, her history of both criminal and professional allegations against men and the fact that her allegation changed significantly in a span of 5 hours. I provided them with a witness (I now have a sworn statement from them) that they NEVER questioned. I quit - but then they filed action with BON. I have now spent over 9 grand defending myself against an action that only I have investigated. I am filing suit against everyone.............I am done with the crap. Let the patient's name get dragged through the mud. Let her psych history come out - I have had to go through TWO psych evals one reg and one psycho sexual- both which show me completely normal with NO deviant tendancies!!!!! The co-worker who filed the first one has a long history of being a trouble maker in the workplace. Plus the manager wanted me gone.....she has a long history of NOT investigating sexual harrassment complaints but the bogus complaint against me got top priority - why is that? maybe because I filed an EEOC case against her.......well I support TORT law - and I have a dam good attorney - get out your checkbooks people - the cost of healthcare just went up, just because a manager and a DON couldn't do an investigation.

:banghead:

Obviously you have never been put into this situation. I was falsely accused of sexual harassment by a co-worker who had supposedly received two complaints from others. I was disciplined. Then months later a patient file a false allegation of professional sexual misconduct. If the DON had of investigated the allegation properly, they would have found out her long psych history, her history of both criminal and professional allegations against men and the fact that her allegation changed significantly in a span of 5 hours. I provided them with a witness (I now have a sworn statement from them) that they NEVER questioned. I quit - but then they filed action with BON. I have now spent over 9 grand defending myself against an action that only I have investigated. I am filing suit against everyone.............I am done with the crap. Let the patient's name get dragged through the mud. Let her psych history come out - I have had to go through TWO psych evals one reg and one psycho sexual- both which show me completely normal with NO deviant tendancies!!!!! The co-worker who filed the first one has a long history of being a trouble maker in the workplace. Plus the manager wanted me gone.....she has a long history of NOT investigating sexual harrassment complaints but the bogus complaint against me got top priority - why is that? maybe because I filed an EEOC case against her.......well I support TORT law - and I have a dam good attorney - get out your checkbooks people - the cost of healthcare just went up, just because a manager and a DON couldn't do an investigation.

:banghead:

What they did is no different than if they had physically put a knife in you. They assaulted your character, your career, your well being and everything else. Anyone who respects character and believes a man's word is his legal contract with life should understand what they did to you.

I hope the best for you. Stand tall and stare down the demons.

Specializes in surg/tele.
Obviously you have never been put into this situation. I was falsely accused of sexual harassment by a co-worker who had supposedly received two complaints from others. I was disciplined. Then months later a patient file a false allegation of professional sexual misconduct. If the DON had of investigated the allegation properly, they would have found out her long psych history, her history of both criminal and professional allegations against men and the fact that her allegation changed significantly in a span of 5 hours. I provided them with a witness (I now have a sworn statement from them) that they NEVER questioned. I quit - but then they filed action with BON. I have now spent over 9 grand defending myself against an action that only I have investigated. I am filing suit against everyone.............I am done with the crap. Let the patient's name get dragged through the mud. Let her psych history come out - I have had to go through TWO psych evals one reg and one psycho sexual- both which show me completely normal with NO deviant tendancies!!!!! The co-worker who filed the first one has a long history of being a trouble maker in the workplace. Plus the manager wanted me gone.....she has a long history of NOT investigating sexual harrassment complaints but the bogus complaint against me got top priority - why is that? maybe because I filed an EEOC case against her.......well I support TORT law - and I have a dam good attorney - get out your checkbooks people - the cost of healthcare just went up, just because a manager and a DON couldn't do an investigation.

:banghead:

I am sorry you have had to go through all this. There is no excuse for them not investigating the whole situation. I don't know what else to say except good luck with your case against them. I hope they have to pay for the damage they have done you by being negligent in their management duties. I wish you well.

Emma Peel

This story really upsets me, especially that you had to talk with the police for 3 hours. That's just rediculous. Don't give up nursing.

Surprised here the police tried to question the original poster at work. Hopefully, the OP has seen this:

http://video.google.com/videoplay?docid=-4097602514885833865

I am sorry you have had to go through all this. There is no excuse for them not investigating the whole situation. I don't know what else to say except good luck with your case against them. I hope they have to pay for the damage they have done you by being negligent in their management duties. I wish you well.

Emma Peel

Just wanted to update everyone on the post. I was terminated from my new job on Monday because I failed to notify the company of the BON case. I was hired prior to the onset of the case and prior to the allegation being brought to the BON but that apparently doesn't matter. I guess my attorney appt on Monday is going to include adding my former employer to the suit for wrongful dismissal.

It's amazing that regardless of the fact that I "have shown nothing but excellence from my first day" according to the CEO of the facility and the fact "that you are a great nurse" according to the DON doesn't matter. I am sickened that the healthcare system is driving out good nurses based on false allegations and the opinions of attorneys at being high risk.:twocents:

That's my two cents worth. About all I can afford until I can find another job. One that will hire me with a open BON case.

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