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

Nurses LPN/LVN

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?

I did talk to the state. They are the ones who told me I was being investigated. The woman I spoke to said she feels it was abuse and it will be taken to the next level, she is going to forward her investigation on to the board.

I found out when I showed up for a shift last week and I was pulled into the office by my DON who suspended me (with pay at least...) pending the investigation. My DON pulled for me and I got to keep my job at least..

I know that we all say things like this. I know we all turn a blind eye sometimes when we see or hear things that could be considered innapropriate. If we turned in every remark or joke about residents/patients/clients we heard we would be up to our ears in paperwork and we would have nobody to staff our hospitals and nursing homes.

I certainly would write down the name of the doctor that made that comment about castration and try to remember the date, time, and witnesses. If he can talk like that I can't imagine what you could have said that was worse. I also agree that if I were you I would look for a new job. Good luck with this.

Caliotter- I would turn him and everyone else I work with too for all the things that have ben said over the months.... but then wouldn't I get in trouble for not reporting in a timely manner?

I am not saying to turn them in. I am looking for you to have something to say in your defense. I certainly would tell them (or have my lawyer tell them), that I thought it was not out of line based upon the doctor's behavior. And I would name the doctor. Don't think for one minute that a doctor won't rake you over the coals to save his/her own skin. (Any reasoning/excuse is plausible if it gets you off the hook, not that you would actually believe it is ok because the doctor did it).

Otter- I see your point. When I the HR lady asked me why I thought it was ok to make a comment like I did, I told her I felt it was ok because of the atmosphere of our workplace, the fact that even the doctors felt it was ok to make similar atatements, and the fact that all the other nurses, cnas and even housekeepers make comments routinely and are never diciplined.

I think I blew it when I talked to state though, I just kind of froze up. For some reason I couln't tell her that...

Specializes in Family Nurse Practitioner.

This really is a shame. I'd definitely avoid the blame game though. Just because Dr. So and So said something worse doesn't make it ok. My thoughts would be to act remorseful, not make any excuses, perhaps volunteer to take a sensitivity course etc. and then CHANGE jobs! No way would I continue to work in this environment with those petty people. If we couldn't joke about things like this to let off steam I wouldn't be able to continue to do my job.

I can't stand people like this. They pick and choose what they're going to do. You can do the same

Specializes in LTC, Med/Surg, Home Health.

Sounds like pt needs to receive some medication for his urges or provided with a tool and some privacy. Management by the physician seems to be lacking.

Specializes in LTC.

like whoever turned u in hasn't ever made comments about a pt! we ALL do it. period. thats soo sad and ridiculous that ur under fire for this..i really hope it blows over and ur coworkers grow up..

wow! i am sorry to hear that. i can imagine this is pretty stressful and scary for you. here is my opinion - its not necessarily what you might want to hear, but i thought being honest would be important in this situation.

i can see how they believe you violated hipaa. from nursing school on we are trained in the laws and what is and is not a violation of a patients privacy. most medical info about the patient in any form is on a need to know basis - this does not include joking, even if the other cnas work with him. and i can also see how making fun of a patient whether to their face or not would be considered a form of abuse... it might even be considered a form of slander.... is it a huge deal? not really, however to some it is.... but when it comes down to it - the laws are black and white.

you said you were their supervisor yet it sounds like you were not leading by example. you may have come across as a hypocrite when you ignored the rules and made fun of the patient and then turned around and told your cnas to get with the program... you gave them something to hold over you without realizing it. you have to remember your job is your job and as it is great to make friends you still have to be weary of being thrown under the bus. which you were. you also need to try to lead more by example, do you really believe making jokes about patients is acceptable? if that patient were your mother or daughter or friend - i bet you would feel different - no matter how annoying or out there they might act. joking about a patient is just not a great thing to do if you want to stay out of trouble... yea sometimes they say and do the oddest things, but as a professional you giggle to yourself and continue on. not only that but just bc others do it doesnt make it morally right - if they jumped off the cliff would you? and saying that joking about the patient is a way of relieving stress is rather silly - you need a better stress reliever. i recommend going on youtube and searching out relaxing exercises or music - i am addicted to that stuff now! :p

i hope everything settles down for you... and i dont want you to take my post the wrong way - just giving you my perspective. i am sure you meant no harm in any of this. you have my support either way and you are in my thoughts.

Specializes in Peds/outpatient FP,derm,allergy/private duty.

Maybe some hyper-vigilance in the wake of very bad publicity lately, spills over into the BVNPT?

Specializes in ER, ICU, Administration (briefly).

I once got "accused" of being a racist because I had the audacity to ask a unit secretary to help me clean up a nurses station instead of reading a book. She said, out loud, that the next thing we'd have her doing was cleaning up beds!

I had a dickens of a time getting any of the unit clerks to come into my unit after that.

+ Add a Comment