Health Care Whistle Blowing: Caught between a rock and a hard place

Nurses General Nursing

Published

:uhoh3: Hi everyone,

I have a personal Whistle Blowing story that I would like to share with anyone who would care to listen.

I have been a psychiatric nurse for over 29 years. I was doing fairly well in this field just up until the day that I became a serious patient advocate. Please allow me to further explain.

Beginning sometime in the year 2000 I became acutely aware that a certain number of patients that were treated at a state run facility { for legal purposes both the state and the facility will remain nameless} were complaining to me, their doctor, the human rights officer, social worker, staff members, family, guardian , lawyers, administrators and patient advocacy groups of the extensive amount of time they were required to stay either in a seclusion room or their stripped bedroom.

These patients complained about a behavioral modification treatment the was generally called "Voluntary Open Quiet Room Plan" or Room plans. Has anyone out there heard of such plans? One of my patients was made to commit herself to such a plan that lasted over a year. I believe that this treatment caused negative effects for both her and the staff alike.

I am not denying the fact that I was part of this mistreatment of patients and so in April, 2001 I turned myself in to the State's Disable Person Protection Committee for violation of these patients Civil and Human Rights. Afterwards I turned in the facilty for forcing me to violate these patients Civil Rights.

I did this because a brilliant and yet difficult patient accused all of us associated with the Hospital that we were violating his Civil Rights by making him stay in a seclusion room for months at a time with very little and on some days no break periods.. Initially no one including myself responded to his accusations. However, he was able to convince me that he was correct in his allegations when one night he came out of the seclusion room; grabbed my hands; and showed me a document posted on the wall. It was the State's General Law that clearly stated that the mentally ill do have the rights to freely associate with others and must be honored. Seeing the "writing on the wall" was the pivital moment that spurred me to become an advocate for the mentally ill treated at this state run facility. Needless to say I also became a victim of retaliation by the State's Department Of Mental Health.

From the beginning I was accused by all of being mentally ill myself and was placed on Family Medical leave against my wishes and without being allowed a "fitness for duty exam"

In December I insisted on seeing an independent psychiatrist who declared me perfectly sane and so the Department was forced by law to take me back.

When I returned to work it was as if nothing had changed for the better. In fact any one that is interested in reading more about this state run facility can go to The Eagle Tribune On line archives section and read a three part series called "Death In Restraints" that began November 9, 2003 and concluded November 11, 2003.

To make a long story short I was eventually fired. The Department fired me on the false grounds that I violated patients confidentiality in connection to the reports of mistreatment I was mandated to file to outside agencies. One of the agencies was The Board Of Nursing who I filed claims against the Director of Nurses at this State Run facilty for punishments of patients and aiding and abetting unlawful activity in connection to these so called voluntary room plans.

Well guess what folks, the Board dismissed my complaint against the Director of Nurses and now agrees with the counter charge by my former Director Of Nurses that I had violated patients confidentiality in connection to the report I filed the Board.

So far I have lost over $100.000 in my efforts to protect my patients civil rights.

I have filed a Health care Whistle Blower lawsuit against the state but it will take at least two more years before my trail by jury.

I'm telling all of you this because as Nurses we are mandated reporters as well as patient advocates but somtimes the price of doing the right thing for our patients seems unbearable.

Thanks for listening and I wish all of you well

The Whistle Blower

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Specializes in Endocrinology.

Wow! Your story is heartbreaking. I'm sorry that this is how the mentally ill is treated and that you, a caring nurse, did what you thought was right and got no support from those that are supposed to protect these patients. Thanks for sharing your story and welcome to the boards. I look forward to reading more from you.

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Wow! Your story is heartbreaking. I'm sorry that this is how the mentally ill is treated and that you, a caring nurse, did what you thought was right and got no support from those that are supposed to protect these patients. Thanks for sharing your story and welcome to the boards. I look forward to reading more from you.

Thank you for your kind reply.

Thought I might update you with my situation before my State Board Of Nursing.

June 30, 2004 I attended a status conferance. The Hearing Officer for the Board told the prosecuting lawyer that he agreed with me that I was a mandated reporter to the Board protected by law. He further told the prosecutor that if the Board continues to prosecute me it will have a chilling effect in Nurses willingness to report institutional abuse to the Board.

Recently the prosecutor told me that the Board will not dismiss my case because in the Executive Council words: "it is inappropriate at this time..":uhoh3:

At this point and time my nursing license is still clean to practice

Warm Regards,

Whistle Blower

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Have you also filed a complaint with your State Attorney General Office. This situation reeks of medicaid fraud.

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Recently the prosecutor told me that the Board will not dismiss my case because in the Executive Council words: "it is inappropriate at this time..":uhoh3:

Wow. This is my nightmare as a student nurse ... particularly since I worked with whistleblowers in a previous career.

Strange that they would still pursue the case against you since much of this has already been exposed in the newspaper.

I sincerely hope this situation works out for you in the end.

:o

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Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac.

Thanks for sharing your story. Best of luck in your continued struggle for what is just and humane treatment of the patients. Keep in touch.

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i know of a nurse that was personally responsible for the closing down of a hospital here in massachusetts.

he too was charged by the bon and adding insult to injury, the powers to be were extremely dismissive with his complaints and allegations about pt. mistreatment.

he brought charges against the don and others; the don was repeatedly vindicated until FINALLY the AG office and DPH closed it down.

this nurse's case lasted 2-3 years, and is now a local hero. it is a well publicized case.

i guess my point is that if your aim is true, and you have the will and stamina, then fight it. sometimes it is pure passion that keeps the fires going.

best wishes to you,

leslie

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Have you also filed a complaint with your State Attorney General Office. This situation reeks of medicaid fraud.

I have made many communications to the State's Attorney General Office (AGO) both by phone and written reports.

The AGO said that he will not act until he recieves other nurses complaints about this State Run Facility. The truth of the matter is that I learned later that under this State laws the Attorney General cannot prosecute a State Run Facility but is mandated to defend it.

Medicaid has already sent a notice to this facility to take corrective actions in this violations and others that had occured, including a patient dieing face down in restraints, or face loosing appoximately $23,000,000 in Federal Funds/year. The Department of Public Health ordered the Hospital to immediately take these and other corrective actions.

Well at least on paper it appears the Hospital did take corrective action. For example, by newspapers account the Executive Director of the hospital resigned. Also I am please to report that in Nov,9th 2003 the Department of Mental Health declared a new progrom entitled: "New Paths, New Choices".This is a new initiative to create a "violence free and coercion free" treatment environment for its patients. See Eagle Tribune On Line Archives section November 11, 2003 if you wish to read more about this. Also November 13, 2003 a front page story is featured in this paper entitled: 'Quiet' room now 'comfort' rooms

Did meaningfull changes actually take place? I don't know that is why I'm trying to get my job back.

So you see as a health care provider Whistle Blower two things are happening at the same time.

* I must defend my actions before the Board Of Registered Nursing that is Run by the Department of Public Health who also owns this facility.

* I am the Plaintiff in my Whistle blower lawsuit and the Attorney General is the Defendent.

That's what I mean when I say I'm caught between a rock and hard place:uhoh21:

Warm regards,

The Whistle Blower

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Here's a link to one of the stories:

http://www.eagletribune.com/news/stories/20031109/FP_002.htm

:coollook:

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I have made many communications to the State's Attorney General Office (AGO) both by phone and written reports.

"Attorney General cannot prosecute a State Run Facility but is mandated to defend it". This is the most unbelievable atrocity I have ever heard. I live in NYS and thank God for Elliot Spitzer who together with his 'Medicaid Fraud and Abuse' unit actually protect consumers. Have you contacted your local elected representatives? How about Ted Kennedy?

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somtimes the price of doing the right thing for our patients seems unbearable.

True, but please don't lose sight of how many lives you'll save by your actions.

Hang in there, Whistleblower. You're a hero. Especially to all of us who have relatives with a mental illness. :kiss

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True, but please don't lose sight of how many lives you'll save by your actions.

Hang in there, Whistleblower. You're a hero. Especially to all of us who have relatives with a mental illness. :kiss

Thank you soooo much for your kind words. I was feeling alone in my actions until I came upon this sight. I have lost friends at work who do not share my philosophy of care of the mentally ill.

I believe listening carefully to patients needs and treating patients with dignity and respect is the best therapy a nurse can give to his/her patients. Medication can help but only when applied diligently and preferably with the patient consent.

I have been granted a full trail by jury that currently is in the discovery stage. This may take up to two years. The Nursing Board is prosecuting me for violation of patients confidentiality in connection to the private reports I sent the Board and other agencies . As you can see I need all the support I can get.

Warm Regards,

The Whistle Blower

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