Re: Retaliation for voicing concern over unsafe pratices
May I make a suggestion here? Management folks tend to get very defensive when the work "incompetence" is thrown at them as SUBJECTIVE term. Much better to use phrase "nursing practice issues" as that can be described in concrete objective terms using state board of nursing standards, department policies and procedures, nursing textbooks, ANA Standards of Practice and Code for nurses, specialty organization standards: AACN standards apply here
I'd recommend printing out those emails with glowing praise and having copy of last evaluation. HR required to allow you access to employee files and for employee make any corrections, add explanatory note-since you've left, lawyer might need to help you gain access.
I'd write down time line of all issues you brought to Managers attention, note any documentation supporting your concern, etc and your managers response or lack thereof to each issue.
Each state has its own practice act with interpretations by each state board of nursing(SBON). Link to all SBON here:
http://allnurses.com/nursingboards-a-k.shtml
Google search "Determining competent practice + nursing" came up with these interesting articles
The ANA supports the professional obligations of the nurse to safeguard patients.
It is the nurse's responsibility to:
- Provide competent nursing care to the patient.
- Safeguard patients and avoid actions that place the interests of the patient(s) in jeopardy. The right to refuse an assignment should be narrowly construed and the nurse must balance such a refusal against the obligation to provide for patient safety and to avoid abandonment. A refusal of an assignment may be justified when the risk of harm to the patient(s) is greater by accepting the assignment than by rejecting it.
- Exercise informed judgment and use individual competence and qualifications as criteria in giving, accepting or rejecting an assignment. Nurses are individually accountable for the care of each patient.
- Clarify assignments, assess personal capabilities, jointly identify options for patient care assignments when the nurse does not feel personally competent or adequately prepared to carry out a specific function.
- Determine what will put a patient in immediate, serious danger. The nurse may be held legally responsible for judgments exercised and actions taken in the course of nursing practice. ...
Nurses are accountable for judgments made and actions taken in the course of nursing practice. Neither physicians' orders nor the employing agency's policies relieve the nurse of accountability for actions taken and judgments made.
http://www.nursingworld.org/readroom/position/workplac/wkassign.htm Nursing Management - Fulltext: Volume 36(5) May 2005 p 14-16 What ... Nurses have the legal obligation to report conduct that's incompetent, ...
safety are affected by incompetent, unethical, or illegal practice by any person. ...
www.nursingmanagement.com/pt/re/ nursemgmt/fulltext.00006247-200505000-00006.htm Assuring Competence A Regulatory Responsibility Figure 1: Standards for Competence www.ncsbn.org/resources/complimentary_ncsbn_competence.asp North Carolina Board of Nursing Section: § 90-171.37. Revocation, suspension, or denial of licensure.
(5) Is unfit or incompetent to practice nursing by reason of deliberate or negligent acts or omissions regardless of whether actual injury to the patient is established;
www.ncbon.com/NPA.asp
Nursing Practice Act
Administrative Code (Rules)
Learn About North Carolina’s Nurse Practice Act-and Earn CE Credit!
------------- Depending on facility, review boards may be helpful. Ones I've been involved in as part of Grievance Task Force about 60% sided with management, 40% sided with employee and able to overturn termination decisions. Take a look at your facility's process. Often employee is able to bring colleague to provide support to you along with lawyer. Some allow you to choose members of pannel from those on a list so cross section of departments represented. Look carefully at this option, and don"t choose only those in nursing-- maintenance and radiology staff often look at issue as department outside and are able to look objectively at situation, instead of having "department blinders" on. Good luck in taking this stand. Edited for clarity, spelling and links!
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