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

Bless you for being a true patient advocate. Good luck to you. It's unfortunate that you have to endure this - all in the name of patient rights.

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.

Just out of curiousity, if you had blocked out the names on the documents you sent (assuming you haven't already done this) would it save you from the confidentiality charges?

:coollook:

Just out of curiousity, if you had blocked out the names on the documents you sent (assuming you haven't already done this) would it save you from the confidentiality charges?

:coollook:

Before I sent any material to Board Of Registered Nurses I specifically spoke to a representative of the Board and ask her if I should include the names of patients that I felt were being abused by the System. She replied: "Of course, send us as much information as you can. How else can we investigate?"

I also knew that the BORN was required under law to hold personal information they obtain in strict confidence and could never release this private information to the public. It is now the BORN responsibility to redact and delete the blind copies that may be eventually available to the public under the Freedom of Information Act.

The answer to your Question is "yes" I would have been spared confidentiality charges but nevertheless I was engaging in mandated and protected activity. In accordance to Massachusetts General Law 19C section 10 a [nurse] cannot be charged with violation of confidentiality in connection to reports of abuse sent to agencies that are mandated to protect the public.

At a Pre-status conference,The Hearing Officer agreed with me and ask the prosecutor to consider dropping the charges. The Prosecutor and the Executive council decided not to.:uhoh3:

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?

I contacted Senator Kerry's office. His representative told me that because of my active lawsuit against the state it would be illegal for the Senator or any state elected official to interfere or make a statement one way or the other.

WOW! Again. I guess this story will help the rest of us learn how to report without violating the patients rights. Is that possible?

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.
WOW! Again. I guess this story will help the rest of us learn how to report without violating the patients rights. Is that possible?

March 30, 2004 was particularly painful for me after reading the following statement in the ORDER TO SHOW CAUSE letter I received from the Board's Prosecuting Attorney: Your conduct warrents disciplinary action by the Board against your license to pratice as a Registered Nurse pursuant to G.L. c. 112 section 61 for deceit, malpractice, or gross misconduct in the practice of the profession or for any offense against the laws of the Commonwealth relating thereto.

I was told by both my attorney and the prosecuting attorney not to take the language contained in the ORDER TO SHOW CAUSE letter personally. Both lawyers told me that the Board sends this particular statement to all nurses who recieves an ORDER TO SHOW CAUSE letter.

As a Veit Nam Vet and former Hospital Corpsman I always believed that in this country one is judged innocent until proven guilty. Apparently the Executive Council of the Board disagrees.

In answer to your question:.

The Board writes: Your conduct constitutes a violation of 244 CMR 9.03(16) for failing to safegard a patient's dignity and right to privacy .

I swear that none of my patients have ever accused me of violating their confidentiality or right to privacy.

With Warm Regards to all,

The Whistleblower

I WON!!!

Out of court settlement of $75,000; furthermore, I did not have to sign confidentiality clause to receive this settlement.

The Board of Nursing also dismissed all confidentiality charges against me after investigating my case and agreed with my lawyer that I acted in good faith in filing my complaints to the Board.

I'm also please to report the The Attorney General told my Lawyer that these oppressive room plans are no longer being used at DMH facilities.

All in all it been a pretty good day for my former patients and myself.

I wish to thank all of you for your kind remarks and and support.

Warmest regards.

T. F. RN

Specializes in Cardiac, Step-Down, Psych, Recruiting.

Congratulations! So many people would have given up the cause after being threatened and bullied like you were. Your perserverance is impressive and I'm truly proud that you are a fellow nurse.

Specializes in ICU.

Amazing! I am in awe of your courage and perseverance. Your actions will make such a difference in the lives of so many.

Congratulations.

Specializes in med-surg,sa,breast & cervical ca.

Oh, that is wonderful, you are an inspiration!

Your story really re-affirms to me what is really important-the patient. Sometimes the good guys do win- Thanks for sharing your story :0)

Congratulations!!

Ms.P

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

That is so awesome!!! Thanks for finding your thread and letting us know. Rock on!!!

This two-year-old thread was moved from Intro and Greetings to General Nursing Discussion for several reasons. It's the story of a well-deserved victory after a fight that went on for more than two years. Whistleblower made a brave and bold decision and followed through, even though it cost him dearly and could have cost him more. Any one of us could find ourselves in a position where we face this same kind of moral/professional dilemma. He set a sterling example and deserves our admiration.

Second, his whistleblowing efforts showed how vulnerable the mentally ill can be. His resistance to an "accepted practice" called attention to the plight of a group of patients who COULD NOT speak for themselves. If he hadn't come to their defense, it's a pretty safe bet this abusive behavior would still be taking place.

And third, it's a rare opportunity to see an ethical/medical/legal saga unfold over time. Although the issue was first raised in 2004, the decision just took place with the results being posted 10-24-06.

Whistleblower blew that proverbial whistle with no guarantees that he--or the patients in question--would have a happy outcome. Taking that kind of a stand requires courage. Sticking with the battle for more than two years requires persistence.

Thank you for defending your patients, and thank you for sharing your story with us. You are the kind of nurse I'd want caring for me and my loved ones. There is no higher compliment than that.

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