False allegation repercussions?

[Cheez-It!]

I had no idea where to stick this thread, so I stuck it here. Sorry if it needs to go elsewhere.

Anyways, my mother, and an uncle, and I were all three working in the same facility. (I still do.) We have all been accused of one thing or another.(Only us, no other nurses in the building) Abuse, and passing meds without orders. All have already been investigated and found absurd. The abuse case was found false, and investiated by the facility on top of state. It was once again found false. Later on the attorney general was brought in. One particular aide in the story had written statements saying the accusation was false, and has said so in front of other staff members on several occassions. When the attorney general was in, she stated she was in the room and saw the whole incident happen and my mother was guilty. Knowing she had lied either to the facility or state one, she was "let go." I've been told she has been calling the facility on Sat. nights drunk and talking to staff. She was heard saying she was going to "bring it all out now." Monday, when i went to work, i was AGAIN questioned by a new DON passing meds without orders. This incident happened LAST YEAR!

This is ridiculous. I still work in the facility, so now she's working on getting me in some sort of trouble and she no longer even works there and hasn't for months. I know the laws are placed to protect the residents. I know abuse needs to be reported and i have no qualms about that. I totally disagree with abuse and believe people that are found guilty of abuse should be punished to the full extent of the law. Especially in a behavior facility like ours. They're there for a reason. They can't help what happens to them, or their actions.

My question is though, where do the laws to protect licensed professionals come in? Where is my protection from mad ex-employees? What can I do to protect myself? How can it be legal for someone who is obviously disgruntled to make accusations like this? I have never had any complaints made about me except this. I have never been wrote up or been corrected when it comes to the residents. Is it legal for her to do this? And if it is, how can i stop it? I'm pregnant, and have worked there for almost 2 years now. I don't want to leave the facility. I like it there and those residents know me, i don't want to abandon them because of her. What can I do?!

[Demonsthenes]

Because of the complexity of the facts at issue concommitant with the myriad number of legal issues involved, I suggest that you do two things: 1. Purchase health care provider negligence insurance (for example from Nurses Service Organization) and 2. Talk to an attorney with regard to this matter.

I believe that my advice to you will provide you the best possible outcome in your particular situation with the minimal amount of both emotional distress and financial cost.

In general, in negligence actions you must prove, by the preponderance of the evidence all of the following: 1. Duty ( in the case of a nurse what a reasonable nurse would do using ordinairy prudence under the same or similar circumstances). 2 Breach of duty 3. Causation and proximate cause (that is any damages caused are reasonably foreseeable) 4. Damages.

I hope this helps a little. I am not an attorney.

I am a Registered Nurse and a Certified Legal Assistant.

[Cheez-It!]

Any little bit of advice helps. Thank you.

I just wish/wondered if there are any laws to help prevent this. The facts to all these stories would make it huge post, so i left almost all out. But, all were bogus allegations.

Abuse case was d/t my mother reprimanding the aide for coming in late, which she was notorius for doing. Among a few other things she had done, not done. Left people wet at shift change etc. The second story about the pills was because of similar reasons. The aides had been reprimanded, and he was related to me and my mother. The reasoning behind me, i'm sure it has to do with the fact that she lost her job and has burnt her bridges because of similar reasons in all the local facilities. I'm related to the other two nurses, and i still work there. she feels my mother is the reason she lost her job, and it wasn't. She's the reason she lost her job and no other reason. So, now she feels she needs to take it out on me i suppose.

We live in a small community, people know people. Word travels. I know where and why she has been fired. She indeed has had several incidences of abuse cases on her, so i guess she feels she's been wronged.

I must admit, our facility, before having the corporation re-vamp, was a facility where the aides ran the building. We as nurses, couldn't make any reprimands because we had no one to back us up when they occurred. The nurses that tried, are now gone. This nurse is now afraid to say anything to any of the aides becuse i fear for my license. I'm about to go to the local Wal-Mart and apply for a job.

[gr8rnpjt, RN]

Sounds like an impossible situation. Why not just leave and go somewhere else? Who needs a job where you are constantly worrying about what will come next?

[Daytonite, BSN, RN]

I would think that there's a way to file a lawsuit suing her for false charges filed against you. Maybe if she has to pay out some money she'll stop. You should be able to file in small claims, but you need to have the evidence to back up that she is doing it maliciously since healthcare workers are generally a protected class when it comes to reporting them supposedly committing abuse on a patient.

Also, there may be a way to file a restraining order against this person for what she is doing.

In either case, it might be worth it to pay a visit to a lawyer to see what you can do about it. For free advice you might want to call Bill Handle's radio program on Saturday mornings out here in LA (I think the program goes national) and see what he has to say about this. Bill Handle is a lawyer who gives legal advice on the radio. He is on KFI radio in Los Angeles.

[TrudyRN]

Sounds like an impossible situation. Why not just leave and go somewhere else? Who needs a job where you are constantly worrying about what will come next?

Sure, and when things go bad at the new place, she can leave there, too.

[TrudyRN]

You need a lawyer to show you how to go on the offensive. She is slandering you, maligning your reputation. I hope she isn't a crazy with a weapon and that you prevail legally against her and that she will go away, far away.

Happy Baby!!!

[BSNtobe2009]

Well, this is the true source of the problem: Your DON.

If the fruit-loop that is obviously a disgruntled employee called her directly, then she should have just taken what she said at face value and chalked it up to an ex-employee trying to start trouble.

If she heard it from someone else, the first question out of her mouth should have been, "Did you PERSONALLY witness it?" They would have had to answer no. If they were truthful and said they "heard it from someone else", your DON should step up to the plate and say, 'Sorry, we don't investigate on rumors'.

That would be the end of it.

Doesn't matter what profession, there is always someone willing to run their mouth about someone else, but as a former manager, it's an easy way to separate fact from rumor, and a SMART manager knows how to tell the difference.

Once trouble-causing employees know the boss will start doing investigations or running people into their office just on hearsay, rumor, or anonymous e-mails or notes, it causes bad staff morale, and people causing the problem are then free to make up any story they want and pass it off as, "I heard it from someone else.."

People get FIRED over rumors.

[leslie :-D]

this is bullying and harassment.

you need legal representation, to put a stop to this.

best of luck.

leslie

[Cheez-It!]

Exaclty, I'm pregnant, and i feel stuck is the only reason i'm not leaving. I don't have enough time to build vacation time to take maternity leave anywhere else. I am the main source of income to my household, or else I would leave. But seeing as how this is bound to happen where ever i go, not to mention the fact that this is a small community, and i have no idea what she has done to my reputation. It's just bad to be threatened by someone that no longer works there. She actually called the VP of the corporation, not the DON. THAT'S the scary part. And he of course, not knowing anything about anything, wanted it investigated. SO... i'm beginning to hate nursing. Which is sad. I enjoy my job, i just hate the crap that comes with it.

[Lacie, BSN, RN]

You may want to look at this current thread of someone going through hell with the BON due to similar accusations. https://allnurses.com/forums/f8/any-nurses-fighting-their-license-bon-186431.html

It is a very very sad state to acknowledge that there really isnt much to protect us as licensed personel in our jobs or even our private lives. Once complaints go to the boards it essentially is up to you to prove your innocence rather than them proving your guilt. Do as others have suggested.. be sure you have good liabilty insurance and also I would be seeking another position where I didnt have to worry about dealing with any of this bs before it does become a larger issue that you wont be able to have control over. Particularly if you seem to have to continually justify yourself to your employer over and over.

[banditrn]

Well, this is the true source of the problem: Your DON.

If the fruit-loop that is obviously a disgruntled employee called her directly, then she should have just taken what she said at face value and chalked it up to an ex-employee trying to start trouble.

If she heard it from someone else, the first question out of her mouth should have been, "Did you PERSONALLY witness it?" They would have had to answer no. If they were truthful and said they "heard it from someone else", your DON should step up to the plate and say, 'Sorry, we don't investigate on rumors'.

That would be the end of it.

Doesn't matter what profession, there is always someone willing to run their mouth about someone else, but as a former manager, it's an easy way to separate fact from rumor, and a SMART manager knows how to tell the difference.

Once trouble-causing employees know the boss will start doing investigations or running people into their office just on hearsay, rumor, or anonymous e-mails or notes, it causes bad staff morale, and people causing the problem are then free to make up any story they want and pass it off as, "I heard it from someone else.."

People get FIRED over rumors.

Yes, I absolutely agree with you!! The DON's reaction's to this garbage could go a long way toward stopping it!