Drug diversion

[divalady]

Drug diversion/defamation  suit:

A facility claimed the patients did not get their narcotics. There were cameras. I administered the medicine. The CNAs wrote a statement and grievance against me falsely. I reported it to the board. Then the board opened an investigation. Is this legal?

[NRSKarenRN, BSN, RN]

Legal: yes.  Contact your malpractice carrier immediately for advice. One can contact The American Association of Nurse Attorneys  to locate lawyer with experience appearing before Boards of Nursing.

Write down your side of situation TODAY.  MAIL a copy to yourself --will have date on envelope upon receipt; keep sealed for future use --advice some of our LNC's have recommended.  Protect your license at all costs.

Expect this will take months -year to get resolved.

[divalady]

Thanks I also went and took a drug test so I guess I will have to sue the facility now for defamation.

[klone, MSN, RN]

How has the facility defamed you? Did the cameras show that you gave it to them? We're you terminated?

[Been there,done that, ASN, RN]

"A facility claimed the patients did not get their narcotics. There were cameras. I administered the medicine." Why does the facility think the patients did not get their narcotics. What information did the cameras provide? 

"The CNAs wrote a statement and grievance against me falsely. "   What did the statement and grievance report?

"I reported it to the board. Then the board opened an investigation."  What did you report to the board?

Of course it is legal... your license is now wide open to investigation,

[Been there,done that, ASN, RN]

divalady said:

Thanks I also went and took a drug test so I guess I will have to sue the facility now for defamation.

A negative drug test does not mean there was no diversion.  I was around when a nurse  stole an entire box of demerol. She was suspected and tested. Came up negative. She stole them for her druggie husband.

[klone, MSN, RN]

A negative drug test also does not mean there is grounds for a defamation lawsuit. If narcotics are missing, or there is a discrepancy of some sort, it is the hospital's lawful duty to investigate it. And if you were one of the nurses who handled the narcotics in question, you will be investigated. That's not defamatory.

[divalady]

klone said:

How has the facility defamed you? Did the cameras show that you gave it to them? We're you terminated?

Yes

klone said:

A negative drug test also does not mean there is grounds for a defamation lawsuit. If narcotics are missing, or there is a discrepancy of some sort, it is the hospital's lawful duty to investigate it. And if you were one of the nurses who handled the narcotics in question, you will be investigated. That's not defamatory.

That's the thing though the count was right. The patients stated they did not get them. But there were cameras and they did.

[divalady]

Been there,done that said:

A negative drug test does not mean there was no diversion.  I was around when a nurse  stole an entire box of demerol. She was suspected and tested. Came up negative. She stole them for her druggie husband.

The difference in that is though is that she was a criminal and actually committed a crime. I on the other hand passed the medications. The people I worked with may have possibly blackmailed me.

[Rose_Queen, BSN, MSN, RN]

You should contact a lawyer, who will likely tell you not to post online. 

[divalady]

I genuinely feel this is an abuse of power by the board considering I have them this information. Considering I can ask for the tapes and legally prove I did not take medications. It's pretty obvious with bubble packs.

[subee, MSN, CRNA]

divalady said:

I genuinely feel this is an abuse of power by the board considering I have them this information. Considering I can ask for the tapes and legally prove I did not take medications. It's pretty obvious with bubble packs.

Lawyer.  American Association of Nurse Attorneys.