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!

I stand with Julie. I’m thankful that I work On a unit that would never do this to me. We don’t get one in until the other is out. Why wasn’t that third bed staffed with a nurse if they were accepting admits?

I work on a 32 bed icu unit that is usually, but not always, full. We staff for those 32 beds in the event that say only 31 are being used. If things don’t look like they will fill up and we have pending transfers, you can be sent home. But I have sat on an empty bed all day before. If we do not have the staff for 32 beds and we only have say 30 full, we close those 2 beds. They are not open for admissions.

This is a very basic staffing issue that management doesn’t want to address. If they are being pushed to keep all beds open and available, then they need to staff for it. That means you hire agency or pull additional float in. We reassess staffing every 4 hours. That means another unit could have possibly floated a nurse to them.

It is a horrible precedent to set by taking that third patient.

I also wonder what would happen if hospitals advertised that they have safe staffing ratios to ensure your health during your stay rather than gourmet room service meals? This is why healthcare is so messed up. The priorities are waaay off.

If this happened as stated, I don’t understand why this manager didn’t take the new or discharging patient.

The problem with staffing is that it’s like budgets-If you get by for too long without appropriate staff (i.e. a monitor tech) then they just don’t allow for those FTEs in the budget. This problem is further compounded by the fact that acute care facilities are routinely assigning more patients than the recommended limits to their nurses, for the area of specialty, without consideration for the acuity of the individual patient or the acuity of the other patients already assigned to their staff.

It’s a double edged sword. If you refuse, you face disciplinary action from the facility. If you accept the assignment and something terrible happens on your watch because you were stretched too thin, you face disciplinary action from the Board of Nursing or, worse, becoming the subject of a lawsuit.

I feel for this woman and hope that she’s somehow made whole.

I have previously worked at an HCA facility in Florida and the conditions there were appalling. It was filthy and extremely understaffed. Ratio was @ 1: 8-10 . Travel nurses who had received sign on bonuses inevitably worked 1 shift and never returned. Will never work for this company again.

Specializes in Surgical Specialty Clinic - Ambulatory Care.
On 8/5/2019 at 12:16 PM, Nurse Beth said:

You are my hero Julie!!!! I hope you sue the *** out of them and bring greater awareness that this sort of behavior from employers is unacceptable!!!!

Specializes in Surgical Specialty Clinic - Ambulatory Care.
On 8/19/2019 at 8:14 AM, LovingLife123 said:

This is a very basic staffing issue that management doesn’t want to address. If they are being pushed to keep all beds open and available, then they need to staff for it. That means you hire agency or pull additional float in. We reassess staffing every 4 hours. That means another unit could have possibly floated a nurse to them.

Frankly my opinion that pulling staff from one floor to another to fill gaps in staffing is an inappropriate one as well. I know some hospitals have specially trained staff for this, but a lot of the places I’ve worked they just pull a tele nurse to the critical care unit and then try to give them the ‘less acute’ patients. Nursing is not the one size fits all career that many mangers spout off about by saying, “You just need to remember to use your nursing judgement.” when they are forcing you to do things you aren’t comfortable with.

Sounds like you work at a decent facility, but overall this is a poor practice if you ask me.

12 hours ago, KalipsoRed21 said:

Frankly my opinion that pulling staff from one floor to another to fill gaps in staffing is an inappropriate one as well. I know some hospitals have specially trained staff for this, but a lot of the places I’ve worked they just pull a tele nurse to the critical care unit and then try to give them the ‘less acute’ patients. Nursing is not the one size fits all career that many mangers spout off about by saying, “You just need to remember to use your nursing judgement.” when they are forcing you to do things you aren’t comfortable with.

Sounds like you work at a decent facility, but overall this is a poor practice if you ask me.

I’m talking about specific float pool nurses. We have a float pool. At critical care one. They can be on one unit for 4 hours and if another unit needs them, they go to another. Yes it can be a pain for them, but they also get paid double what we make. It’s part of the attraction of the job.

Sometimes, you have to shuffle the numbers, and it sounds like they are not doing that.

On 8/5/2019 at 5:18 PM, Dsmcrn said:

Julie is not without a job

she gained employment right away and has remained employed to this day

That's great. How do you know that?

On 8/19/2019 at 8:14 AM, LovingLife123 said:

I stand with Julie. I’m thankful that I work On a unit that would never do this to me. We don’t get one in until the other is out. Why wasn’t that third bed staffed with a nurse if they were accepting admits?

I work on a 32 bed icu unit that is usually, but not always, full. We staff for those 32 beds in the event that say only 31 are being used. If things don’t look like they will fill up and we have pending transfers, you can be sent home. But I have sat on an empty bed all day before. If we do not have the staff for 32 beds and we only have say 30 full, we close those 2 beds. They are not open for admissions.

This is a very basic staffing issue that management doesn’t want to address. If they are being pushed to keep all beds open and available, then they need to staff for it. That means you hire agency or pull additional float in. We reassess staffing every 4 hours. That means another unit could have possibly floated a nurse to them.

It is a horrible precedent to set by taking that third patient.

I also wonder what would happen if hospitals advertised that they have safe staffing ratios to ensure your health during your stay rather than gourmet room service meals? This is why healthcare is so messed up. The priorities are waaay off.

This isn't an issue that management doesn't want to address, they are addressing it in the "appropriate" way that they are incentivized to.

Everyone blames the hospital, which does deserve some responsibility, but they are literally incentivized to staff as lean as possible by CMS.

Until CMS stops punishing hospitals financially for staffing adequately this will go on. If we want safe staffing stop yelling at the donkey (the hospital) and start yelling at the guy with the whip smacking the donkey (CMS).

Specializes in Critical care, tele, Medical-Surgical.

On vacation in another state I attended a CE class. Sevral nurses from a local Tenet hospital told the class about the night an emergency CABG was to be done on a patient from the ER.

A nurse was told she would be assigned the patient whe he came from the OR and a PACU nurse would stay for an hour. The nurse told the charge nurse and shift supervisor who said they had nobody to call in. After arguing she was told to, "Put on your big girl panties and deal with it!" She still refused. She was terminated on the spot.Then two nurses were told they had to accept an unsafe assignment.

One of them called the OR and asked for the surgeon, who was scrubbing his hands. After telling him she was to be assigned to two patients already an the fresh post op CABG would be her third AND another RN would be assigned three patients and one was going to Step-Down.

That surgeon called the supervisor and ordered her to assigned his patient as 1:1. That nurse cared for two patients, and two for three patients until three critical care registry RNs arrived in less than an hour. The charge nurse already had two patients so the supervisor sat at the monitors until they arrived.

When I got back to work I told my colleagues what I posted above. After that if our staffing would be unsafe we notified our Medical Director. From then until I retired I'm almost certain the worst was having the charge nurse take one or two ER admits.

On 8/5/2019 at 11:56 AM, JKL33 said:

Two thoughts:

- On the surface of it, it seems that there are probably more compelling hills on which to risk dying with regard to the particular situation described.

- I DO think hospitals should have to answer for how they support their own policies. Whether it be hourly rounding or full assessments or cardiac monitoring or whatever, if your policy is such that X must be done, then it's time for hospitals to stop being able to get away with not staffing to actually provide what standards, regulations and their own policies say is required. Right now they are able to simply make a policy saying X must be done, and then leaving each single licensee figure out how to navigate the fact that there isn't time to do it all.

They get the best of both worlds: 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). But if the employee accurately charts only those things which they have hustled around and honestly accomplished, then if that ends up not being enough to prevent whatever untoward thing might occur, they are also in the wrong because the policy is that they should have done X, which they didn't do. (And that's to say nothing of all the care that we do provide that there really isn't time to chart in play-by-play fashion all day long...it just looks like we didn't do it).

You can say whatever you want about the rights of corporations/employers and the duty and responsibilities of individual licensees (as well as their "right" to find a new job), but being able to get away with all of the aforementioned is just such a shameful loophole. It's when I start thinking about the word evil.

^ THIS ^

On 9/11/2019 at 6:53 PM, herring_RN said:

On vacation in another state I attended a CE class. Sevral nurses from a local Tenet hospital told the class about the night an emergency CABG was to be done on a patient from the ER.

A nurse was told she would be assigned the patient whe he came from the OR and a PACU nurse would stay for an hour. The nurse told the charge nurse and shift supervisor who said they had nobody to call in. After arguing she was told to, "Put on your big girl panties and deal with it!" She still refused. She was terminated on the spot.Then two nurses were told they had to accept an unsafe assignment.

One of them called the OR and asked for the surgeon, who was scrubbing his hands. After telling him she was to be assigned to two patients already an the fresh post op CABG would be her third AND another RN would be assigned three patients and one was going to Step-Down.

That surgeon called the supervisor and ordered her to assigned his patient as 1:1. That nurse cared for two patients, and two for three patients until three critical care registry RNs arrived in less than an hour. The charge nurse already had two patients so the supervisor sat at the monitors until they arrived.

When I got back to work I told my colleagues what I posted above. After that if our staffing would be unsafe we notified our Medical Director. From then until I retired I'm almost certain the worst was having the charge nurse take one or two ER admits.

I'm glad that worked out for you. ? At my current facility, our new manager lives with the CFO and is reportedly (only hear-say) good friends with the CNO. At the last staff meeting, she basically told us to suck it up. Stop complaining about too many pts per nurse, because it isn't going to fly here. "It's my license in jeopardy" holds no water, and she told us that when she worked the floor, she didn't ask her charge nurse for help. Needless to say, there has been HUGE turnover here the past little while. : / She is seemingly a nice lady, and I don't doubt her work ethic. But things, they are a changin'.

On 9/11/2019 at 4:50 PM, Asystole RN said:

This isn't an issue that management doesn't want to address, they are addressing it in the "appropriate" way that they are incentivized to.

Everyone blames the hospital, which does deserve some responsibility, but they are literally incentivized to staff as lean as possible by CMS.

Until CMS stops punishing hospitals financially for staffing adequately this will go on. If we want safe staffing stop yelling at the donkey (the hospital) and start yelling at the guy with the whip smacking the donkey (CMS).

Can you elaborate on this? How does CMS control staffing?