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

Specializes in Me Surge.

whistleblower, I tried to send you a PM but your mailbox is full. How did you find an attorney for your case?

Specializes in Peds Cardiology,Peds Neuro,Pedi ER,PICU, IV Jedi.

Whistleblower,

You are a shining example of what nursing is all about - doing what's best for those you serve. One can only hope that you and others like you will be there when the rest of us need you. Thank you so much for going the extra mile for your patients!!

vamedic4

Grateful

You are truly wonderful, brave and selfless. You are a genuine credit to nursing. You made a hard decision and risked your livelihood in order to protect the rights and dignity of patients. Thank you so much for sharing your story and letting us know how it turned out. The good guys won!

Specializes in Psych, Extended Care, Med/Surg.

Was this something used for all patients or just for those who acted out and attempted to hurt themself and or others? MD has an internet listing of the COMAR regulations that can be looked up by anyone. And as a nurse you have a right to refuse something you believe is not right. Seclusion and restraint is a tricky subject. I have my own take on it and could write a novel on it.

Specializes in Critical Care, ER.

Amazing! Justice does prevail in the hands of the strong and the brave!

Aside, have you ever considered a career in law ( in addition to nursing of course) ... you are clearly a gifted advocate.

Thank You

Congrats!! It is so nice to read a story about some well deserved justice. God bless you.

Specializes in LTC, Rehab.

Can I expect to see this on 60 minutes in the next couple of years, because this is tragic enough to warrant their attention, I will add you to my prayers, God didnt assign you a nurse for nothing, He always has your back in the end. When the dust settles and the chips fall where they may, you'll see his plan for you even more clearly.. Keep hope and keep us posted.

Your victory can only be considered a miracle. Most who have any kind of encounter that is of this nature, are destroyed by the system very early on. If only every workplace had just one hero with your courage and perserverance, how much better healthcare would be for patients and workers alike. I commend you.

Awesome result! Kudos to you!!!!

Specializes in Hospice, Med/Surg, ICU, ER.

I stand in utter awe of your......... courage, Nurse.

You were fully vindicated and I am certain that there will be a reward waiting for you in Heaven.

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?

Contact the Federal prosecutor.

Specializes in Med/Surg, Geri, Ortho, Telemetry, Psych.

I hope that I would be as brave as you were in such a situation. I had recieved a reprimand on my license, not a suspension or anything like that, but my name in the nursing news paper in my city with my my "crime" listed for all to see. I was working in an LTC where the patients get thirty day medication cards. I had a patient who was supposed to recieve an antipsychotic three times daily and there was no card, no antipsychotic, for three days in a row. This was not a new order, he had been taking it for years. On each of these days I called the off campus pharmacy repeatedly to try to get the medication, but to no avail. I charted it each time on the med sheet and in the nurses notes that the pt did not recieve the med, that it was not there, and that I called pharmacy. On the fourth day, I consciously made a decision that would tarnish my name and put me out of work for a over a year. I borrowed from another patients card, his roomate, a dose of the medicine. I gave it to my patient who had not had his medication in four days. This was not a narcotic. I did not do it in a sneaky way. On the bubble pack I took it from, I put my initials and wrote that I borrowed it for pt. xxx. I knew that if my patient went any longer without this medication he would most certainly have a psychotic episode. I know I shouldn't have done it, but I still think that I did the right thing and no one can make me believe otherwise. I applaud you for doing the right thing and standing up for your patients. I truly believe that we are here to care for the patient; not for the facility or the insurance company, etc. I hate getting in trouble for doing what I feel is right. Congratulations.:nurse:

+ Add a Comment