Slander

Nurses General Nursing

Published

A patient with a known history of narcotic drug addiction recently accused me (not to my face but to her MD after my shift) of not administering her pain meds and instead taking them for myself. The MD then, instead of asking for my side of the story wanted to go straight to the state! I don't think it ever made it that far, but I feel very betrayed and like my name will now be soiled... I am told if the state is involved my license could be suspended until an investigation is complete. I was advised to get a lawyer, but I am SO confused! Is what this patient said considered slander? I feel I am a good nurse who cares for all patients equally, I have not been practicing long but this whole situation is quickly souring me to the profession. Pretty much any advise or insight would help...

Did you document the meds were given? Is the patient saying they saw you take the meds? What does your nurse manager say about all this? Who advised you to get a lawyer? I can't imagine this going that far. This has come up before where I work. We have had patients make the accusation that the pain meds were never given. We ended up making the patients sign a form everytime they were administered their pain meds. That way they can't say they were not given to them. I would confront this MD. Patients claim to not get their pain meds all the time(especially addicts:uhoh3:).

Anyway, I don't think you need a lawyer at this point. I think you need to take the MD aside and give him/her a good talking to.

Cheer up!

A patient with a known history of narcotic drug addiction recently accused me (not to my face but to her MD after my shift) of not administering her pain meds and instead taking them for myself. The MD then, instead of asking for my side of the story wanted to go straight to the state! I don't think it ever made it that far, but I feel very betrayed and like my name will now be soiled... I am told if the state is involved my license could be suspended until an investigation is complete. I was advised to get a lawyer, but I am SO confused! Is what this patient said considered slander? I feel I am a good nurse who cares for all patients equally, I have not been practicing long but this whole situation is quickly souring me to the profession. Pretty much any advise or insight would help...

I don't know, I'm not a nurse YET (current nursing student), but can't you take a drug test for the state board to prove negative and then sue the patient for slander and deframation of character?

I'm not sure, just a thought.

Also, I would think there a steps to investigating an alleged drug use charge, such as going to the the nursing manager first and taking it from there. Going straight to the board is very extreme and out of line in my opinion. You should have been given a chance to prove yourself first.

Also, taking the word of a known drug addict first and foremost without investigation seems supsect to me. (disclaimer: no disrepect to drug addicts)

This is just my opinion.

Specializes in LTC, Nursing Management, WCC.

Although we do not give legal advice on this board, I can say that what you mentioned meets the dictionary's definition of slander.

"Law Oral communication of false statements injurious to a person's reputation." http://dictionary.reference.com/browse/slander

Dot your I's and cross your T's on this one. I would have another nurse with me when I give this patient their meds. I am sorry that this is happening to you. A excellent way to help protect yourself is defensive charting. I would highly encourage you to speak to your manager ASAP and possibly risk management. But I would never give the patient their meds unless someone else was there with me and both of us watched as they took the medications.

I don't know what MD's should do in this case...but I would think that he/she should have mentioned the patient's concern to the manager.

I would have agreed to a drug test right there to shut them up!

Otessa

Make sure you get your facts straight before you start in with the MD. If you are hearing all of this second hand from coworkers you may not be getting the whole story. What you need to do is discuss it with your nurse manager and the MD.

we can't give you any legal advice...

but if you're feeling threatened re your license, i would seek a legal consult.

only a lawyer could advise you as to whether it is slander or not.

best of everything.

leslie

I documented every time I gave the meds (time given, amount, and route) as well as the PYXIS machine has a record, also since these we narcotics and I needed to "waste" some of what was in the vial each time, I had a witness for each time I took the meds out of PYXIS. I have not spoken to my nurse managers as they are off on the weekends and I just found out about this today... Thank you for your kindness, just the thought of having everything I worked so hard for possibly soiled by a lie really hurts me...

Well it is without a doubt slander.

Specializes in LTC, assisted living, med-surg, psych.
we can't give you any legal advice...

but if you're feeling threatened re your license, i would seek a legal consult.

only a lawyer could advise you as to whether it is slander or not.

best of everything.

leslie

What Leslie said.

You need to consult an attorney for any type of legal situation that could even remotely threaten your license and/or livelihood. It is far beyond our scope of practice as nurses to offer legal advice.

I too wish you luck.

Closing thread now.

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