I'm being reported to the state over a joke...

Published

Hi,

I could really use some support and helpful advice right now. I have been turned in to the state for "abuse" over an incident that happened over a month ago, and was just reported last week (I thought you only had 48 hours to report?). I was not fired over the incident, but the woman I spoke to from the state says she believes it was abuse and is forwarding the case to the apropriate people..whoever they are.

Anyway, a little info: My co-workers and I were sitting at the station one night and some inapropriate comments were made about a patient. A joke was made and everyone laughed and went about their business. To me this was like any other day. We all need an outlet for the extremely stressful environment we work in. I was always taught that blowing off steam privatly was ok, as long as the patient didn't know.

In the time period between the time the joke was made and the time I was turned in, I happened to ruffle a few of the CNA's feathers by counseling them to do thier jobs. Since I met with the CNA's their attitudes had become worse. I even had CNA's refusing to do vitals and telling me I had to answer certain lights... Well that didn't sit well with me so I told them so. Basically I had to remind them that I was their supervisor and they had a job to do.. and it wasn't mine. (I used to be a CNA at this hospital and I feel a lot of resentment from the aides I used to work with). I am pretty sure one of the CNA's decided to try to get rid of me by "turning me in".

So now I am being investigated for supposed abuse. How is joking with a couple of cowokers abuse? The lady from state says I violated his right to privacy, but how could I have when the patient and his bahaviors are common knowledge and these co-workers of mine regularly deal with him?

If I had known blowing off a little steam at the station (in the middle of the night with no patients around) was abuse I never would have said anything. I know everybody does it, we all make comments about out patients... I thought it was pretty normal. Am I completely wrong? The patient was not harmed at all, he never even knew the incident happened... Will I lose my license over this?

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I don't know that this qualifies as abuse, it may violate HIPPA. I would def. talk to a lawyer. If you haven't yet this is a good example why it is good to have nursing ins. You just never know. Good luck.

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Specializes in Home care.

i wish i was there calvn to pull that knife out of your back or at least check your rear for a boot print.

from the info in your post i will guess that you will not lose your job and certainly not your license.

also, you have posted about your relationship with the cnas but not about your relationship with your superiors and that may very well be who pulls your proverbial can from the fire.

my advice is to let this blow over.

since you have a problem with staff that cannot be bothered to do their job that means you are probably a nurse who works hard. (hence worth your weight in gold).

and you are correct, a month is not 48 hours which gives you plausible deniability.

no one really remembers what was or was said that long ago and who was or was not laughing at what.

best of luck, and on a personal note, if i had a problem with your behavior i would tell you to your face.

shame on all petty, backstabbing, overgrown children trying to pass themselves off as medical professionals.

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Well I talked to my DON today and I didn't lose my job. She just put me on probation. My problems have never been with my supervisors. In fact they have always told me I do a great job. I admit that I have been "winging it" since I started. I never had ANY orientation or anything. My first shift as an LVN was at this hospital with no extra training, orientation or supervision whatsoever... So for my supervisors to tell me I'm doing a good job means a lot.

I know that my supervisors know what its like on the floor, they were there once not too long ago. We all joke and chatter about patients/residents and blow off steam to one another. It's just how we all cope with the demands of the job and all the stress... I never thought it could go this far though. Now I am dealing with the state board which consists of nurses who haven't worked the floor in ages and who expect all nurses to be saints. I am certainly not a saint, I am just human. A human who made a mistake (but a really funny one) that could cost me my career or worse... I just wish I knew what the state has in store for me.

Thanks for listning

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Specializes in A little of this & a little of that.

This all sounds far-fetched for a complaint that will actually get you in trouble.

But, just an FYI, the nurses station is considered a patient care area, not private. Private is the nurses break room or lounge with the door closed. The exception (and maybe this is what you have) is the stations with a "report room" in back where the door closes, when the door is closed. Anyplace a patient or non-staff can easily access or overhear is not considered private.

I'm no saint either. I know that we all say things at the nurses station (especially when patients are asleep) that aren't meant for other ears. I'm not trying to criticize your behavior, it could happen to any of us.

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Specializes in Family Nurse Practitioner.

Thanks for posting this because I'd imagine many of us are guilty of something similar. I hope it blows over and you can just move on with a lesson learned. One thing that stuck out in your post is that you seem to have an adversarial relationship with your techs and that is never a good thing. I really can't imagine ever saying to someone, "I was their supervisor and they had a job to do.. and it wasn't mine" , because at that point all is lost and you are only in a pi$$ing match. I'd probably just do the task myself and figure out how to approach the person calmly and respectfully with our supervisor later. It is definitely to your benefit to have your techs on your side please give that some thought. Good luck.

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Well I do have a problem with the aides, but just fyi I didn't my actual words weren't "I was their supervisor and they had a job to do.. and it wasn't mine", I said I "basically" told them that. I just made it known that I saw what they were doing and not doing, and that they needed to improve on some things. This has all been going on for months. I honestly think its because I used to work with them all as a CNA. I even overheard one of them saying that I need "to be taken down a notch". Well its not like I don't know what their job is. I was a CNA for 10 years. I wish I could just do it all myself, but when you have 40 residents its impossible to do my job and theirs.

Its not like I've had an attitude with them or anything. I've just been my normal self and assumed that their attitude would not change since we were all friends before I started as a nurse.... It is really frustrating. I think it takes them off gaurd when I have to counsel or dicipline them when I see something wrong. I figure they are thinking of me as their friend and can't understand that I am also their direct supervisor and that I am ultimatley responsible for what happens duing their shift...

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Specializes in ER, ICU, Administration (briefly).

Was this a racial joke?

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Specializes in ICU, School Nurse, Med/Surg, Psych.

Unfortunately it take most BON so long to act that you can give yourself an ulcer stewing about it. You took responsibility for what you did, you can make amends by apologizing to the client or just changing your habits from now on. You have learned that no good comes from gossiping (even though it is so much FUN!) and that a BIG part of being a nurse is biting your tongue. Breath in/out every day and you will be fine. You can always call the state board and ask if there is a formal complaint against you and if you are under any type of investigation. Maybe they were just yanking your chain and blowing smoke.

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Forrester- No it wasn't a racial joke. The resident is constantly sexually innapropriate with the young female staff (including me), asking us to perform sexual favors and constantly masturbates. I shouldn't have done it but I made an off color comment about him masturbating. I know now that it was wrong, but everyone says things like that about him... his Dr. even said in the station that he wished he could be castrated! Not that it makes it right, I know...

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Specializes in LTC.

I think this is a load of crap personally. I would definitely be in contact with the board and get some real answers. Most likely if they are Investigating it...thats all it will be..and probably be unfounded seeing as how there was such a huge time gap there. Once this is over, Id go on a job hunt. Start over with people you havent worked with before and it will be fresh. I heard a cna cussing a resident one time...I heard this aide tell a pt that he was f' ing worthless etc etc...to shut up...etc etc..when I reported it to the boss....she fussed at me..and nothing happened to the aide.

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Specializes in Community Health, Med-Surg, Home Health.

How did you find out that this was sent to the state in the first place? Did someone send you a letter or call? What about the staff that were talking with you? Where their names sent as well?

Honestly, I cannot think of one person who has not made a comment about a patient that was only meant for staff members only...it de-stresses. It is true that the door should be shut and not be on elevators, hallways, etc... This must be a very petty person to take it this far, because it can happen to anyone!!

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