Complaint against me to BVNPT

Published

I work as an LVN at a flu clinic in California. A 64 year old patient came in and immediately requested the Fluzone vaccine. After verification it is concluded that she is 64 and will be 65 next month. I advised per CDC guidelines, Fluzone is intended for 65 years old and older. She stated her doctor said she could receive it. She also said manager “Chris” said she could receive it. Manager was not present that day.  Consulted MD on duty and he also stated must follow CDC guidelines for age requirement regardless of request. Patient became angry, took a picture of me . Advised photography is not allowed due to HIPAA violation in the clinic as well as I not consenting to be photographed. I offered patient other standard  vaccines available. Patient stated she was not comfortable with those vaccines and walked away. She has now filed a complaint against me to BVNPT that I refused service and I was rude and abrasive. My manager wrote a supporting statement as well as the MD on duty. I’m wondering if I should handle this myself or other $1700 for legal representations. I must submit a statement of my own. Legal consult adviced not to write any statement as it is deemed admissible. Thoughts ???

Up Vote Up Vote ×
Specializes in retired LTC.

dvd123 - all I can say is "WOW"!!!

I'm flabbergasted that she put up such a stink!! ! This is one time that I think the BON will recognize the complaint for what it really was - retaliatory SOUR GRAPES! My good wishes & prayers certainly support you (and I believe others here do also).

Usually here on AN, the strongest advice given by membership is that nurses have legal representation when dealing with BONs. Your situation sits on the wobbly fence!

Your dilemma - spend money to be on the safe side. Or proceed alone, HOPING for the right outcome. Too tough a decision for me to advise you.

I see where you haven't posted in quite some long time. Shame that it had to be for something so unusual. But welcome back.

Please come back to let us know how it works out for you. Pulling for you!

 

2
Up Vote Up Vote ×
Specializes in Home health, Addictions, Detox, Psych and clinics..

Don’t get a lawyer yet. The complaint isn’t going to amount to anything especially when you followed physicians orders. And you have those statements from MD and manager on duty. The board will more than likely find the complaint unsubstantiated. 

Up Vote Up Vote ×
Specializes in Home health, Addictions, Detox, Psych and clinics..

I do hope you have, or will get nurses . I go through NSO. 

2
Up Vote Up Vote ×
Specializes in Psych, Addictions, SOL (Student of Life).
On 11/14/2020 at 6:22 AM, Archerlpvn said:

I do hope you have, or will get nurses Liability Insurance. I go through NSO. 

Just a note will not protect you from this type of civil complaint. It would likely be unfounded by BON anyway and there is no grounds at this point ie no harm to patient due to negligence on the part of the nurse.

still in reviewing the CDC recommendations  for Fluzone it does not say that 65 an over can’t have it just that over 65 may achieve better immunity from the “HighDose” version. Still it states that any flu shot is better than no flu shot so refusing to give the shot instead of documenting the patient was educated on benefits of higher dose shot but opted instead for reglar fluzone would have prevented this whole mess

1
Up Vote Up Vote ×
+ Add a Comment