Incompetent or disabled is there a differnce

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I work with a lady who is 55yo, she went to nursing school straight out of high school. after graduation she did nothing but actually babysit rich people as a caregiver. She was in an abusive marriage that ended with her losing everything including the ability to talk properly. when she was hired at our hospital she was given a special phone. It was not long until she was moved unit to unit until she hit mental health I think they felt it was safe, no one could really die here!! But the woman is impossible to work with she is arrogant, believes we are all beneath her. she is from Pittsburgh and lives here in our town because it is free (inherited) and tells us everychance she gets, she is here only on days she works and hates the town, the people, etc etc.The doctors we work with hate dealing with her, she turns everything into a personal ordeal and god help the whole unit if she is in charge. The pts dislike her and she tends to rev them up due to her speech impediment. She can not open her email nor can she send one. everyone on her unit prays for a new hire so they can get off her weekend or her shift. If she has 5 pts total the night is chaotic. she makes multiple mistakes, has been caught in the act with other things and we as co workers are tired of picking up the slack, if she works there has to be extra help etc. My question is we have been told there is nothing that can be done, she is totally incompetent and has a nursing license, but americans with disabilities protects her so we remained screwed! How does a unit get rid of this liability?

Sometimes, I wish we would be as kind to our co-workers as we we are to our patients.

There is a limit if there is incompetence-safety issues overrule any kindness-and I'm a nice person.

Sometimes, I wish we would be as kind to our co-workers as we we are to our patients.

Lord do I second that! Seperate from this post. I have worked with nurses I watch with their patients and they are so kind and sweet-- then I get the other side--the vicious, nasty b****......lol Bizarrre!!!

There is indeed a difference in being incompetent and being disabled.

In most states incompetence is a legal issue and can only be decided by a judge in a court of law.

Disabilities do not have to be decided by a judge in a court of law unless the disabled person is applying for compensation of some sort.

However, in most states, we, as nurses, are charged with acting in a prudent manner and in performing to the highest level of our education/abilities. If, with reasonable accomodation for her disability, she cannot perform in a manner safe for the patient, this needs to be addressed.

What can you do? Document, document, document any and all instances of unsafe occurances. If it is not documented, it did not happen.

Meanwhile, be as kind as you can be while remembering that, above all, you are the patients' advocate.

Good luck to you. :heartbeat

Specializes in Nursing Professional Development.

Assuming that the woman described by the OP is really making big mistakes and should not be entrusted with patients ... then ... It sounds to me as if the REAL incompetence here lies with the management folks who are letting her continue to be a threat to patient safety. Her co-workers might also be legally accountable for not making a bigger fuss about it if they are covering for her and not reporting/document all of her errors appropriately.

Specializes in ED, ICU, PSYCH, PP, CEN.

A person can be disabled but fully compitent. I am disable, but work 36 hours a week as a nurse. No complaints with my performance the last 8 years.

Incompetent implies an inability to take care of oneself safely, ie buying groceries, cooking, doing laundry, manageing your finances etc.

Many disable people can do this. However there are incompetent people that are also disable ie having lost a leg due to diabetes etc.

I have learned to take the good with the bad. When this woman raves about how much she hates everything keep in mind that she may just be attention seeking. She may appear arrogant, but really be very insecure. Don't judge a book by the cover.

Sorry for the mispells and grammar errears. I am slightly incompetent today

I would treat her kindly, but document mistakes and inappropriate behavior with staff and patients. We have an obligation to keep our patients safe in all respects. Good luck

True ... but it's also important to be clear on the difference between kindness and enabling.

touche heron, touche.

leslie

Specializes in Hospital Education Coordinator.

Incompetent - knows what to do but chooses not to, or not to do task or just to do it enough to get by

Disabled - may not know what to do or how to understand/follow written/verbal instructions or have another disability preventing task performance

Specializes in Hospice.
Incompetent - knows what to do but chooses not to, or not to do task or just to do it enough to get by

Disabled - may not know what to do or how to understand/follow written/verbal instructions or have another disability preventing task performance

Disagree ... not knowing what to do and not understanding instructions could be results of a cognitive disability but not necessarily. An inadequate knowledge base is incompetence. "Disabled" does not necessarily mean cognitively impaired and it certainly doesn't mean ignorance.

Specializes in MPCU.

I do get the point. I often consider," Am I enabling", would our patients be better, if I just made the changes necessary to eliminate that individual. (though, I have never done this, I am fully capable. technically, not emotionally.) In fact, the amateur attempts I've seen are pathetic. If I chose the "dark side", many would realize that someone competent is a serious threat. Then again, competent persons really have no reason to play these games. More competent persons probably would not bother with a post here. Let's say I'm adequate to the job, albeit that's probably an exaggeration. Well, I can type. Spell checks are not fair, I wrote 'type' not spell.

...From the way it sounds, her disability is speech related - which sounds like it has little to no bearing on how she performs as a nurse.

I disagree in that if she is a nurse on mental health unit effective communication with patients is critical. Have you ever had patients who complain that they can't understand their doctor/nurse/tech/etc..?

Specializes in NICU, Post-partum.
I work with a lady who is 55yo, she went to nursing school straight out of high school. after graduation she did nothing but actually babysit rich people as a caregiver. She was in an abusive marriage that ended with her losing everything including the ability to talk properly. when she was hired at our hospital she was given a special phone. It was not long until she was moved unit to unit until she hit mental health I think they felt it was safe, no one could really die here!! But the woman is impossible to work with she is arrogant, believes we are all beneath her. she is from Pittsburgh and lives here in our town because it is free (inherited) and tells us everychance she gets, she is here only on days she works and hates the town, the people, etc etc.The doctors we work with hate dealing with her, she turns everything into a personal ordeal and god help the whole unit if she is in charge. The pts dislike her and she tends to rev them up due to her speech impediment. She can not open her email nor can she send one. everyone on her unit prays for a new hire so they can get off her weekend or her shift. If she has 5 pts total the night is chaotic. she makes multiple mistakes, has been caught in the act with other things and we as co workers are tired of picking up the slack, if she works there has to be extra help etc. My question is we have been told there is nothing that can be done, she is totally incompetent and has a nursing license, but americans with disabilities protects her so we remained screwed! How does a unit get rid of this liability?

No, the Americans with Disabilities Act DOES NOT protect a nurse who cannot fully function as a nurse and puts patient's health at risk. That is NOT an exception.

We had a nurse in my unit that was terminated just last month...it was discovered lthat she was in early stages of Alzheimers...however, you cannot keep a nurse that forgets to give medications and feed babies! So she was let go, despite the fact she had a documented illness.

So far, you did not cite ONE example of something concrete she has done, other than things are chaotic when she works and that the staff and physicians do not like her...so what?

If she does something such as not give meds or violates a policy, WRITE HER UP!!!

If all she is doing is irritating you...then learn to deal with it or find someone else in the unit to gossip about.

Specializes in Psychiatry, Forensics, Addictions.

The ADA prohibits dicrimination on the basis of disability in employment. To be protected by the ADA, one must have a disability. One with a disability is defined as a person who has a physical/mental impairment that substantially limits one or more major life activities, a person who has a history of such impairment, or a person who is perceived by others as having such an impairment.

Title I of the ADA requires employers with 15+ employees to provide qualified disabled individuals an equal opportuniy to benefit from the full range of employment-related opportunities available to others. Employers are required to make reasonable accommodations to known limitations of otherwise qualified disabled individuals, unless it results in undue hardship.

From a legal standpoint, "incompetent" refers to an individual who is judged mentally unfit. But, I don't think that's what you mean.

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