Do I have a case against my employer?

[Kmcnabb]

8 months I have been a night shift nurse at an assisted living facility, loved it until new director came in, I reported sexual abuse I witnessed by a caregiver to a patient on our dementia wing back in early September. He made me work with this man for 3 more weeks while he came up with reasons to fire him and never investigated my report. I even told him the man did this on the camera in hallway on the unit. Then he told the sick pervert what I accused him of and I got threats from this man. Moving past that, he refused to let 2 nurses send out a woman hallucinating who is normally of mind, I sent her to hospital, she was septic. Next, he lost the orders for wound care on unstageable, necrotic pressure ulcer and 2 weeks later, I sent the man to the hospital. He is still in hospital. Another resident was unable to go to dining room due to a cold for three days and he only received 2 out of nine meals from kitchen. This same resident has obvious mold and mildew on his carpet and was told by director it was just dirt. I am working out my notice as peacefully as I can, I love these residents but I can not work for that man. Do I have enough information to get him out of that kind if position?

[HyzenthlayLPN]

1) What state agency regulates/licenses your facility? I would call them to report the conditions.

2) Sexual abuse of a resident is a criminal offense. In my state, nurses are mandated reporters. That incident needs to be reported to the police ASAP.

[CoffeeRTC, BSN, RN]

Reports of abuse must be dealt with by the director. I would absolutely follow up on that report.

[WKShadowNP, DNP, APRN]

Do you not have access to an ombudsman?

[Buyer beware, BSN]

OP:

It sounds like both of you will be leaving the employ of this Sam Rami drag me to hell like chamber of horrors; although under different circumstsnces and reasons.

In your case you have made your concerns known to the new director to no avail. Because of his lack of action I can tell you that this guy is determined to keep this job come hell or high water.

He knows or has been told that in no uncertain terms he must maintain the status quo and so he may.

This is a case of profit and self-interest over-riding the prime directive of all nurses which is to advocate for and protect our charges.

This advocacy when it is heartfelt and well documented though is never without a price to pay. And when I say price I mean in money (large sums) and in professionsl reputation.

Another huge issue is that when you take the initiative to report patient abuse and neglect, many of those who swore alliegiance to this ideal in nursing school are nowhere to be found.

So with all this said keep in mind that in matters like you describe no one is your friend.

Tread carefully with this. Of course based on your descriptions of what's going on you have no recourse but to do the right thing by reporting these things to the state.

Unfortunately, when the state and corporate lawyers and families and institutution owners and other employees get involved a whirlwind may start that has more to do with personal and bureaucratic self interests than taking care of those who can't help themselves.

One of the biggest ironies is that we are always told to report our concerns to our immediate supervisors but when you do you discover they are the problem and now you have self identified to them as "a pot stirrer."

The key here is to find others of good will who will support your observations.

The other side will call them allegations. When you hear that word know the legal adversarial relationship has begun.

But also know there is strength in numbers.

Surely you are not the only one who has seen these things.

The problem with finding people of like mind is that there is the mortagage to pay and the mouths to feed.

And that imperative makes cowards out of many. It's the old "when push comes to shove, separates the men/women from the boys" imperative that has compelled me to have a tenuous faith in humanity.

I can understand the reluctance, but some things must be done.

And if you have to assume the eye of the tiger in doing so, you may have a chance to effect real change for the better, or better yet, have this house of pain torn down.

[Peepershops]

You are a mandated reporter. If you do not report this to the police, your license could be in jeopardy. I wouldn't put my license on the line for this obviously incompetent idiot who doesn't care about your license or his own. And the poor residents! In my building, a person who is accused of alleged abuse is suspended IMMEDIATELY pending investigation. The investigation is kept confidential and reported to the state agency. DPH regulations state that if you report an allegation of abuse to the DON or Administrator and nothing is done about it, it is your responsibility to then take it above their heads, including notifying DPH and/or the police yourself.