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!

Bravo Julie for your actions! You followed your chain of command and documented the events as they unfolded. (I’m a Veteran too!) One thing I have learned in 30 years of nursing is this; practice every day to avoid a lawsuit! If you follow proper procedures/ standards of care, this will save you in court if things take a turn for the worst! Document even the smallest of details...it will protect you and your patients! At the end of it all, you may have lost your job, but you STILL have your license to practice as a nurse!!

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.

Specializes in ACNP-BC, Adult Critical Care, Cardiology.

Julie did write to management multiple times and that was commendable of her. She felt like she was being targeted and evidence do point to the fact that she was being singled out. She likely would not have gotten a good reference letter should she seek employment somewhere else from that manager. She felt like her last recourse was that final act of defiance. I never said she was wrong for that. Just not what I would do in the situation. To each his or her own so to speak.

Let me start by saying we need more information regarding the circumstances. It’s unfortunate if one of the patients was a downgrade, the leadership team did not offer alternatives and options to help provide quality patient care.

As we do not know all the details. Just some questions we should ask.

1. Was there a bed for the downgraded patient available on the other unit? If so, charge nurse, a manger or director could have assisted or delegated for the transfer of the patient to the other unit.

2. If no bed was available, could the charge nurse have accepted the downgraded patient if they wanted the nurse to accept another critical care patient?

3. Could the charge nurse have accepted the critical care patient until the downgraded patient was able to be moved?

There are many questions to be asked here. I do think leadership should be actively involved and hands on no matter what their title or position. We are a team and this is their unit too. We are ALL supposed to be collectively working to keep patients safe. Therefore, if staff is not an option, leadership needs to assist with providing what the needs are for the unit.

Specializes in 8 years Telemetry/Med Surg, 5 years Stepdown/PCU.

Everyone that’s saying that they would’ve just kept their mouth shut, what if something happened while she had that unsafe assignment? Do you think the hospital would stick up for her? Do you think her coworkers would stick up for her?? Would HCA back her in front of the board of nursing???

6 hours ago, eacue said:

In the ER we are 5-1 regardless of acuity. I routinely have 3 ICU level patients on drips even sedated and vented. Plus my other 2 patients which are ESI 3's. 4 and 5 ESI the main ER never sees. Now granted I am not caring for this patient for 12 hours but when we have holds, we don't get floor ratios so please help this ER RN understand what is the big deal.

1 hour ago, JKL33 said:

Your ER-"ICU" patients are officially admitted and are being billed for ICU care. [...]

Sorry - need to pop back in and acknowledge that I misread @eacue's post. S/he was not talking about holding admitted ICU patients in the ED. (However, that happens too...). So my amended response is that 3 critical patients plus other non-criticals +/- a couple of non-critical holds is also not appropriate anywhere, including the ED.

On 8/5/2019 at 1:56 PM, JKL33 said:

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.

I could not agree more!

8 minutes ago, TNT_RN09 said:

Everyone that’s saying that they would’ve just kept their mouth shut, what if something happened while she had that unsafe assignment? Do you think the hospital would stick up for her? Do you think her coworkers would stick up for her?? Would HCA back her in front of the board of nursing???

You're 100% right. The company would be the first to blame her.

The fundamental issue is that the nurse, who it seems was a good and conscientious nurse did not feel safe providing care to 3 patients at that time. That pretty much settles it for me for now.

Specializes in Critical Care.
8 hours ago, klone said:

The big deal is there is a minimum standard of care in the ICU - if a hospital is billing for ICU level service, they damn well better be providing it. That service includes an established nurse:patient ratio.

The billing and standard of care applies to the ordered level of care for the patient, not the physical location.

Specializes in ACNP-BC, Adult Critical Care, Cardiology.
2 hours ago, FutureSNA12020 said:

Let me start by saying we need more information regarding the circumstances. It’s unfortunate if one of the patients was a downgrade, the leadership team did not offer alternatives and options to help provide quality patient care.

As we do not know all the details. Just some questions we should ask.

1. Was there a bed for the downgraded patient available on the other unit? If so, charge nurse, a manger or director could have assisted or delegated for the transfer of the patient to the other unit.

2. If no bed was available, could the charge nurse have accepted the downgraded patient if they wanted the nurse to accept another critical care patient?

3. Could the charge nurse have accepted the critical care patient until the downgraded patient was able to be moved?

There are many questions to be asked here. I do think leadership should be actively involved and hands on no matter what their title or position. We are a team and this is their unit too. We are ALL supposed to be collectively working to keep patients safe. Therefore, if staff is not an option, leadership needs to assist with providing what the needs are for the unit.

I agree, ICU's work really well when there's a lot of teamwork not only between the nurses but with physician buy in as well by taking the lead to send out patients who have no indication for continued ICU care. I do think that another nurse who had two patients with one getting ready to transfer to the floor offered to take the admission but the manager insisted that Julie take the patient.

Specializes in Critical Care.
2 hours ago, TNT_RN09 said:

Everyone that’s saying that they would’ve just kept their mouth shut, what if something happened while she had that unsafe assignment? Do you think the hospital would stick up for her? Do you think her coworkers would stick up for her?? Would HCA back her in front of the board of nursing???

I'm not sure if that refers to me, but I do think it's important that we as nurses differentiate between well substantiated complaints and those that aren't, otherwise we delegitimize truly valid issues to fight. I think we've tried to interject the valid complaints we assume must be part of her basis for refusal if she were to go the length of taking that stand, even though her stated reason was that the in-room monitors can only show 2 patients simultaneously, which doesn't rise to the level of insurrection by any means.