Published Nov 21, 2006
cant_not
34 Posts
Hello,
I am in quiet the dilemma here and would like any advice that anyone could offer. I was accused of abuse at a facility that I worked at back in June. The charges were being brought against me by some of the aides that didn't care much for me. They were totally false. I didn't think much would come from it. Anyway, for standard procedure purposes, the DON and Administrator called Social Services to do an investigation. Social Services investigation lasted about 3 days, and they found me guilty of the charges. Followed by Social Services were inspectors from The Inspector Generals Office; and because these employs were clinging so tightly to the story that they had first told, The Inspector Generals Office also found me guilty. The charges range from one count of physical abuse, and 3 counts verbal abuse.
I am currently employable, and have absolutely no restrictions on my license. However, The Inspector Generals office is submitting my case of abuse to the BON and they're going to decide if it was indeed bad enough to revoke my license and put me on an abuse registry. I've never been so scared in my entire life. I spoke with the lady over my case at The Inspector Generals Office, yesterday. She said that she was going to mail me a copy of the investigation and after I looked over it, if I decided I didn't want to loose my license that I could request a hearing before the BON and the Inspector Generals Office. She said an attorney would be helpful, but not required. She also said that I should bring some witnesses.
What should I do? I'm so scared. All my life, all I ever wanted to do was be a nurse. My mother was a nurse for years before she passed, and my grandmother (merely 70) is still a floor nurse. I'm so scared. I'm in a rutt. I moved down here (Kentucky.) To pursue my RN and was just working part time at the facility where these charges were brought against me; I only worked there for 4-5 months, so I really don't have any "witnesses" that I could take to this hearing with me. Also, I withdrew from the RN program in Aug, I thought I would take some time off and let all this die down for awhile, I'm still eligible to go back whenever I want (it has to be within the next 2 years, though.) But, I really don't want to go back with all this going on. I feel terrible, and there's NOTHING I can do about this situation. NOTHING..
Any advice/input would be greatly appreciated.
Thanks so much
santhony44, MSN, RN, NP
1,703 Posts
Get a lawyer.
bargainhound, RN
536 Posts
I think your first step is to change your attitude re: "Nothing I can do about
this situation."
You must think of and list positive steps you can take in actions and in
your thoughts to stand up for yourself.
Even though you think there are no witnesses for your side, you would
probably be surprised that there are some.
If this is truly important to the rest of your life, an attorney is part
of your first steps to protect your future.
gr8rnpjt, RN
738 Posts
get a lawyer asap. one who specializes in administrative law. Hurry. Don't wait. :stone
Thanks so much for the advice you guys/gals. I'm going to start seeking a lawyer first thing tomorrow. I just hope I can find one! I live in such a rural area.
Simplepleasures
1,355 Posts
I agree, immediatly get a lawyer.What were the CNA's attitude toward you based on? Did you need to repremand them for patient cares, safety issues, etc, etc.Do you think the accusations were retaliatory based on the above? Do you think your supervisors believed it soley on the testimony of the accusors OR did your supervisor believe them because they also had an ax to grind with you, meaning ,had you complained to them about any patient care issues ? Did you even HINT to them that you may have to report patient care issues to an outside agency?Does your state have a Healthcare Worker Retaliation Protection Law? This is why you need to RUN, not walk to a EMPLOYMENT Lawyer, not just any lawyer, repeat EMPLOYMENT.If you continue to have a defeatist attitude, you can kiss your carreer goodbye right now, IF you are innocent and you feel the charges are in retaliation for any type of reporting either to your supervisor OR an outside regulating agency, YOU MAY HAVE PROTECTION under the law.See my other posts to read about my case, it may help you.
This was a very small facility, one of the aides that was making all these accusations, was the DON and Administrators sister. It’s a very tight-knit type of place, most of the employees are related to one another in some form. Very small town too. The aides/nurses attitude toward me had always been very negative. I come from a pretty civilized part of the world, and well, lets just say that ‘cow tipping’ is not my choice of weekend activity.
I was basically stressed out with school, and went there, did my job (I admit that I never went above and beyond at this particular facility. But, I did do my job, and filled my job description fully.)
I never really reprimanded the aides for anything. I always told them that I wasn’t their supervisor when I was charge nurse, but I was the person in charge, and there ever was a problem, to come to me. I always tried to help out on the floor as much as possible. There was only one incident when I reported a problem with patient care issues; I was doing a treatment on this gentleman’s back, and I noticed feces on his draw sheet; covered with baby powder to hide it. I noticed this several times when I did treatments/assessments and I did report it, and there was a HUGE in service about it.
And another thing, I hate to bring sexuality into this, but I’m gay. And that was really looked-down upon there. Everyone seemed to be 60 years behind times.
Tweety, BSN, RN
35,420 Posts
I'm sorry about your situation. We at Allnurses are not here to give legal advise. Good luck.