ICU Nurse Fired For Refusing 3rd Patient

Nurse Julie Griffin was fired for standing up for what she thought was the right thing. Nurses General Nursing News

At Westside Regional Medical Center in Plantation, Florida, ICU nurse Julie Griffin worked in the 12 bed cardiovascular ICU (CVICU.) Until she was fired for refusing to take a third patient.

Westside Regional Medical Center is part of HCA Healthcare. HCA Healthcare is the largest for-profit hospital chain in the U.S., owning over 150 hospitals, and earning over 47 billion in 2018.

Unmonitored Patients

One of Julie's concerns for patient safety was that the in-room monitors provided for a split screen display. This allows for an ICU nurse to be in one of her patient's rooms, set the monitor for a 2-view display, and be able to monitor her second patient. The problem? It does not allow for a 3-way display. If the ICU nurse has 3 patients, one of those patients will not be monitored.

In an interview with Hospital Watchdog, Julie Griffin explained that there is a standing order for all ICU patients to receive continuous monitoring, and nurses must electronically attest to the fact that the standard of care was met. HCA CVICU does not staff a qualified monitor tech at the nurses station where the central bank of patient monitors display. If all the nurses are away from the station providing patient care and an unmonitored patient goes into a lethal rhythm, there is no one to see it. An alarm would sound, but there are constant alarms in CVICU that compete for a nurse's attention. Alarms cannot be relied upon as a substitute for a nurse.

Hospital Watchdog reports that 2 such unmonitored patients have died. Allegedly, one of the patients was discovered dead and may have been dead for up to 30 minutes. A family member went out to the nurses station to report that something was wrong.

In the other case, allegedly the nurse was assigned 3 patients, was able to monitor only 2 of them, and the 3rd patient died of pulmonary problems, possible a pulmonary embolism (PE).

Hospital Watchdog qualifies the above cases saying they are not substantiated with medical records or other documentation, they are reported by nurse Julie Griffin in an interview.

Whistle-Blower

Julie says all of her colleagues shared her concern about patient safety and lack of monitoring, but they were afraid to speak up. They needed to keep their jobs in order to support their families. Julie, previously in the Navy, believed in following the chain-of-command. She reported unsafe patient conditions to her charge nurses and manager. She believed that if corporate only knew about the practice, they would want to do the right thing and rectify the situation.

Instead of rectifying the situation, nurses were frequently required to take 3, and sometimes 4, patients in the CVICU. Julie claims that untrained nurses were assigned ICU patients.

Julie trusted there would not be retaliation if she complained. There was. Julie claims her Director intimidated her and at one point frightened Julie by getting physically close. Julie's schedule was changed to working every weekend. She felt harassed.

Even the HR department at Westside acknowledged that the Director's actions were inappropriate. Even so, Julie was removed from duty within hours the day she refused to take a third patient.

On the day she was terminated, Julie had 2 patients. One patient had orders for transfer out to the floor. One of the patients was a post-op open heart surgery, and was on a diuretic. Julie knew that a patient on a diuretic often has to urinate urgently, and was concerned that she needed to respond right away to make sure he didn't fall.

Julie refused to accept the assignment of a 3rd patient. At 1700, The CVICU Director came to the unit and told Julie she had to take the 3rd patient. She again refused, was placed on investigative leave, and terminated 2 weeks later, in 2017. Julie had worked in HCA ICU since July 2016.

Julie later filed 2 Florida Whistle-Blower complaints in 2018, and has filed a suit against HCA for unlawful termination.

Julie's Director says that Julie was a disruptive staff member.

Julie says that the standard of care required by HCA called for continuous monitoring of her patients, and she was unwilling to violate that standard.

Right or Wrong?

Should Julie have gone with the status quo and quietly accepted a 3rd patient, knowing that at least 1 of her patients was lower acuity? Or did she do the right thing?

Is her reputation so damaged that she will have difficulty securing employment? Was she acting on principle or imminent patient endangerment?

Does she have any chance of prevailing against HCA?

Many of us have been in similar situations. What would you have done?

Nurse Beth,

Author, "Your Last Nursing Class: How to Land Your First Nursing Job"...and your next!

Specializes in CCRN.

This is exactly the reason why we need mandated nurse to patient ratios on the federal level. This is why nurses need to organize and have the ability to negotiate with facilities. I for one would never work at a facility where an ICU ratio is more than 2 patients to 1 nurse. It is obvious that the facility cares more about beds and profits than they care about employees and patients.

11 hours ago, Kooky Korky said:

They won't know if you don't tell them, MSO4foru.

Well as long as there is a nurse that will hire on for low pay they don't care if you quit due to bad nursing ratios. In their minds someone else will take the job. Where I was, they couldn't get anyone for the low wages and now have to rethink how to get someone into the position. When corporate adn's management need to get involved because of hiring issues things will change some. A company will not change their ways when there are an abundance of nurses with your skills available at the same or lower pay. They will just state that you are disgruntled. But they ignore the causes. Advancing your degree and going to work in a reputable firm is the best answer. The government should do something to even the playing field. The nurse, especially if in charge, (care depends on his or her license), should be able to dictate the reasonable conditions of care within state and federal laws.

Specializes in BSN, RN, CVRN-BC.

I don't think that she has much hope in a whistle blower lawsuit. Generally whistle blower statues require reporting to a regulatory agency. Perhaps a harassment lawsuit would win?

This situation is why we need mandatory staffing laws.

I worked for HCA for 12 years, 5 of those in the ICU. When we were short, they tripled us rather than spend the money on agency. One evening I walked in to 2 patient that were intubated with Swan-ganz catheters and a third that was being intubated, swan'd, and given an art line as I walked in. It was the assignment from hell. The Texas Board of Nurse Examiners (yes, it was that long ago) didn't have the "safe Harbor" reporting system that we currently use. If I'd been older and wiser I would have told them that I wouldn't refuse the assignment, but that they could expect my 2 week notice on their desk in the morning.

I did eventually leave HCA for my local county hospital I spend 4 years in the ICU there and never was given a triple with the exception of 1 ICU patient with 2 tele-patients on rare occasion when all of the tele beds were full. I've heard horror stories of THR nurses having triples not because they didn't have the ICU nurses, but to float to other areas to avoid agency usage in these other areas. How "wrong headed" can you get?

There has been a lot of resource spent on keeping nurses from job hopping and from out-right leaving nursing. How about starting with reasonable assignments and treating us with a bit of respect and dignity.

Well you are right. And HCA would be a poor choice for a quality nurse for that very reason. A quality hospital requires a BSN and lots of character to get a good job. That's why I'm back in school. I'm tired of bad positions with high risk just because I'm an ADN.

Specializes in ER OR LTC Code Blue Trauma Dog.
22 hours ago, Kooky Korky said:

I was a union rep for years.

It is nearly impossible to get nurses to step up, to take a stand. They mostly want someone to do the heavy lifting, failing to realize that they are part of the problem because they do nothing to advance the cause of proper working conditions for nurses.

Q: You know what's more powerful than unions?

A: The public.

For example, I realized the BON and Administration Staff doesn't exist to protect any nurses. On the contrary, they exist to protect the interests of themselves and the common public.

When nurses complain to them it's swept under the rug and goes nowhere. Whenever a member of the public submits the same complaints, that's when they panic and start moving mountains.

For example, if the public becomes aware they are getting ripped off because they are not getting the staffing ratios they are paying high insurance premiums for then trust me, the pubic gets pissed off and someone in administration is going to have to answer for that problem and heads are going to roll.

Admin fired this nurse because she poses a threat to their profiteering ways of doing things plain and simple. She is attempting to expose them for what they really are so bye bye now!

However, they can't fire customers or outraged taxpayers presenting them with the same staffing ratio complaints. The very last thing these places want is for a member of the public exposing them by going to the news media with these problems.

So getting public support (not necessarily unions) is key if you want to see changes. The only message the public needs to hear about is they are not getting the health care services they are paying for. Then just sit back and wait for the pressure cooker to build finally exploding in their faces as it should.

Specializes in Critical Care.
On 8/7/2019 at 9:27 AM, Johnnyb2000 said:

I worked in a clinic and was put in the same situation. However, I resigned. It turns out the only real recourse short of lawyers was the state health department. If there are laws or policies that provide for patient safety and most of the patients are on Medicare, the department of health can put a stop to the issues. I refused overtime of 56 hours a week, working 14 to 20 hour shifts. I was ignored until I changed the schedule and was immediately retaliated against. The state felt this was the case too. I previously called the hr compliance people but they supported the overtime. My boss tried to label me a trouble maker but I was one of the best, most supportive workers. In any case. Julie is likely 100% right. She needs support in her correct action.

Did you work at a dialysis clinic. I've heard of nurses being worked till they drop or quit at for profit dialysis companies.

Specializes in Geriatrics, Dialysis.

I say good for her for taking a stand and not backing down. Hopefully she is financially more than stable as she's now completely unemployable by the largest health care employer around. Pretty sure she's on their Do Not Hire list! That's one of the biggest problems with these huge health care conglomerates, they own everything and if you lose your job at one of their facilities for any number of reasons you lose your opportunity to work in any of their facilities. This greatly diminishes the chances of finding another job when darn near every place around is owned by the same company.

I don't get why a large company merger like the Sprint/T-Mobile one generates national news and lawsuits fighting against the formation of a monopoly yet large health care conglomerates are allowed to form regional monopolies without anybody batting an eye, even on a local level. Doesn't anybody even notice that one employer means they alone control the market meaning they alone drive wages and benefits?

Specializes in Mental Health, Gerontology, Palliative.
On 8/7/2019 at 6:18 PM, zygee said:

I'd be interested in the actual acuity of these patients.

The one that was "on a diuretic", was this a high dose constant bumex drip? In any case the dosage wasn't high enough nor the patient critical enough to mention need for pressors that would actually make the patient ICU status.

Peeing the bed simply isn't a reason to say "I can't fluff and tuck another patient immediately prior to shift change". Not that shift change admissions are convenient, but for the patient means much more comfort and care than can be afforded in an ER gurney.

Complaining of being "tripled" with step down patients is honestly offensive and just lazy practice. Yes 6+ step down patients is too much, but not being able to handle three is just pansy sauce.

I think the problem is not so much just the acutity of the patient but if they accept the assignment it begins to create a precedent that management will use to say "oh but these nurses did it fine"

Big problem is the managers have all the power, nurses seem to have none.

It would not be allowed to fly here

Specializes in Progressive Care.

My first thought while reading this post was that if this nurse had a 2 patient assignment with one of those patients being non-ICU then she shouldn't have had an issue taking an admission. However if the non ICU patient was still written for Tele and this unit only allows for monitoring of 2 patients at a time then she did the right thing.

Specializes in geriatric, home health.
On 8/5/2019 at 2:47 PM, Susie2310 said:

Perhaps you did not intend this, but I read your use of the words: "If the employee overdocuments/documents things not done as the charting would make it appear, obviously they are in the wrong (one should never do this)." as euphemistic language when these actions are actually falsification of the medical record which is a criminal activity. I think that in our sympathy with overburdened nurses we should not downplay this fact. Falsification of the medical record affects patient safety and quality of care and can result in patient harm; all reasons that we were taught in nursing school to never falsify the patient's medical record. I think it is important to mention this. 

Unfortunately Susie, this is "the norm" in another large healthcare system which advertises they are the best for the (states it serves). I had the same struggles and felt it was wrong. If I just look at your eyes, I can't say they are PERRLA, I can't document you are Ox4 unless I ask you the specific questions. A person can be very conversational but have no idea of what year it is which can occur (and does occur) in earlier stages of dementia. I have had patients at this hospital tell me that I am very thorough and much more caring than any of their other nurses or doctor. Needless to say there are a lot of "cut corners" that are made in healthcare in order to get all the documentation done and corporate expectations met. Susie, I was constantly told there is a difference between the ideal world of nursing school and reality nursing. Changes need to be made. Expectations and demands are too high and too many nurses are suffering especially if they voice their concerns about the quality of care provided in their place of employment.

Specializes in Safe Staffing Advocate/Group.

Honestly, it is not our position to question her decision making on that day. If she felt it was unsafe then it was. She is not a new nurse who lacks critical thinking. Us accepting these occurrences is what is allowing admins to make 1:3 in ICU a normal behavior. Often those patients are really still fragile but downgraded to make room for an impending admit. Patients being charged for ICU level of care, and interventions like continuous monitoring that are not getting that level of care is fraud... period. The best nurse ever can only do so much. We need to stop criticizing each other and hold hospitals accountable to their responsibility of staffing properly.

This is why we need #SafePatientLimits www.nursestakedc.com

lol Their is always two sides to nursing the correct way and they way they do things .I worked for the best hospital in the world and the second best in texas . They try to make you do things that can get your license taken away but the state says your the pts advocate and must do things right . I have till this day have never gone with the flow saved many lives and quit many of jobs over this . The systems broke. thats why nurses strike . The sad part is the pts and families see it too . The crappy treatment, the crappy docs , the crappy clique nurses . And yes Even the BON . My mom is an attorney . Nursing is a comllicated career .