Abandonment question

[Valeriejean2105]

I was the DON of a very small home health agency. I discovered the agency was performing unethical acts, eg, taking payment months later for a pt they attempted to say was deleted and not admitted with full episode visits attached. I gave a two week notice which they would not accept but I did not rescind. I had a health issue which required me to be absent from work, and it was in that time that my husband and I decided that it would not be a good idea for me to return. This was three days before my final day. I went into the system to reassign my patients to one of the other two nurses who worked for the agency and discovered that the patient visits had not been completed during my absence. So when I decided to leave and had transferred the patients to the next day, I was told by the office manager that neither of the other two nurses were available the next day. So I agreed to see the patients and gave my expected reimbursement issue to her. As I was a salaried employee, I told her I wanted to be paid 16 hours; 8 hours for the day before, as I had spent a good deal of time the day before in preparation and attempting to make visit adjustments to accommodate the visits, telephone calls to patients, etc., and 8 hours for the visits the next day. I told them I would not charge mileage, even though the mileage would have been extensive roughly 100 from my home, to the patients, then to the office to sign off. The office mgr said she could not make that decision. I told her that was what I needed and to get me an answer by the end of the day. A couple of hours later my reimbursement was declined. And I was then cut out of the system. I had already made visit arrangements but agency would rather compromise patient care then pay me to see the patients. Can I be charged with nursing abandonment?

[TheCommuter, BSN, RN]

Can I be charged with nursing abandonment?

No. Abandonment transpires when you've accepted an assignment and started rendering nursing care, but proceed to leave in the middle of a shift without reporting off to another licensed nurse.

Although you agreed to see the patients the next day, you didn't actually see them, you didn't start rendering care to them, and you didn't leave them behind in the middle of a visit. The office manager disagreed to your terms, so it does not constitute abandonment.

[Valeriejean2105]

Thank you! Very relieved!

[RiskManager]

Based on the fact pattern presented, I would say no abandonment has occurred. You offered to provide care in a timely manner to ensure continuity of care, and the employer declined to accept your offer, opting to make alternative arrangements instead.

[Valeriejean2105]

Thanks! I would have gone anyway but when they cut me off the server that might have been considered battery and it prevented me from calling the pts to let them know I wasn't coming.

Thanks so much!!!

[Meriwhen, ASN, BSN, MSN, RN]

I would double-check with your BON and/or a lawyer versed in nursing law just to be safe, but abandonment can only occur when you have accepted a patient assignment and then left in the middle of it without reporting/handing off care to another nurse. What you describe doesn't sound like abandonment. It's like me agreeing to work a shift at the hospital tomorrow but then calling out sick: I may have said I would be there, but I didn't actually assume care of the patients.

[amoLucia]

If you have your own malpractice insurance, you can give them a call to ask their advice.