Is this legal?

lunden · Sep 27, 2008

so sorry you had to go through that. you need to take care of yourself. that bp is dangerously high. why isn't management helping? you should have called in and no this sounds very illegal!!!

interleukin · Sep 27, 2008

"I know this was not a safe situation for the residents but is this legal??"

Poor staffing policies are not illegal. But they are seriously dangerous.

You may not want to hear this, but you did this to yourself.

It is not your responsibility to safely staff the unit. It is your responsibility to take care for yourself and allow management to provide bulletproof staffing contingencies...that is if they really care.

As long as you go to work when you should be a home caring for your own health, you perpetuate broken staffing policies and put yourself and your license at risk.

Get yourself to your PCP and get that BP under control.

Bluehair · Sep 27, 2008

No job is worth having a health crisis over. Your BP was in the zone where, in my job, I would have been calling the MD for some intense IV meds to lower it. Your health risks include a major cardiac event, or possibly a stroke, to name just a few.

Obviously this facility is not committed to getting their act together with staffing, since it sounds like you are chronically short staffed. They will let you work in this environment for as long as you will do so.

Please, please, please take care of yourself first, then your family, and find a job that does not threaten your personal health (and possibly your life). Have you called your doctor about your BP?

We, as nurses, so often want to help our co-workers and our patients and put them above our personal needs. For you, it seems time to put yourself first for a while, or you could end up being a patient.

Hope you are better!!! :icon_hug:

CoffeeRTC, BSN, RN · Sep 27, 2008

SRSLY, next time I would be calling the DON at home and telling her I need help. Are there no other supervisors in the building that would/ could help?

Vito Andolini · Sep 27, 2008

Well, I'm not sure if it's legal or not. It might be illegal. You need to contact the licensing agencies - On the federal level, that's Medicare/Medicaid (CMS, Centers for _________), JCAHO (this is not licensing but it is the accrediting agency), and perhaps most importantly your state department of health and senior services or whatever it is called in your state. You can find out on your state's website or call the office of the Governor or your state Congressmen and Senators on Monday. They can direct you to the right department.

I would suggest you be willing to quit or be fired if you plan to contact them other than anonymously because your facility will not take kindly to being reported/exposed/questioned.

Get your blood pressure taken care of, please. You will be no good to anyone if you stroke out.

Remember that you have the right to refuse an unrealistic or unsafe assignment. Just reporting for work probably doesn't constitute acceptance of an assignment but you need to check with an attorney in your state to know if just showing up means you accept whatever is thrown at you. Expect the powers that be to be very, very angry if you don't just accept anything and everything they want to give you as a workload.

I don't know if it would help to talk with the DON and/or Administration but you probably need to consider employment elsewhere if the workload continues to be so ridiculous. That or learn to work much more quickly and not do any bedside care, like bedpans, commodes, feeding, bathing. Only do your meds, tx, charting, paperwork that you have to do. do not try to answer the phone when there's no secretary. Do absolutely nothing extra for anyone. Just do your nurse absolute minimum requirements, take your breaks because you really need them, and buy some disability insurance in case you stroke out on the job. Sorry to be dramatic but I'm trying to get through to you how insane this situation is. Too many patients, too much covering for no-show's, your DON knowingly goes home and leaves you with this mess.

Good luck.

Medic/Nurse, BSN, RN · Sep 27, 2008

I think that the LEGAL question would only be real important IF you had an "event" that YOU would be ACCOUNTABLE for in some way. They left you in a bad spot. I would question that management care not about the patients (that is easy) but about me (might be an easy answer too)

I DO NOT want you to be CONFUSED.

When you showed up and staffing was the was it was - AND you went to the DON and reported "feeling "bad" - YOU were NOT in any way protected or less than 100% responsible. You "accepted" the assignment and it went to H# from there.

I want to to take care of yourself - care for you health and all that,

But,

WHEN you take report/assignment and proceed and something goes bad - YOU will be sacrificed pretty quick by your employer. The BON will not care that you did not feel well, reported the staffing, etc.

Their job - making money for the company.

Your job 1. Protect yourself 2. Care for patients and do your job.

You are your first line of PROTECTION.

I might not have a job - but I'm not (no way - no how)

* gonna be responsible for 145 patients.

* (or in my case) take that 6th flight of the shift or whatever, because I am (beat and more prone to mistakes due to lack of crew rest, fatigue factor, questionable weather, perceived urgency, equipment not working correctly, etc) - just because "dispatch" (my company) says we should be okay to go.

The decision to/not to is YOUR first defense in protecting yourself -

Used correctly, you won't need another line of defense.

Practice SAFE!!!

lexibear99, LPN · Sep 28, 2008

Thank you all for your kind replies! I am going to see a Doctor on Monday but amazingly this is my weekend off and my BP has been much better! I know when I took assignement and stayed I was responsible because this management has told nurses and cna's in the past that if you leave we will call the police for abandonment of residents and they have! I start my job search Monday for a new facility! Unfortunately I can't afford to be without work because I am divorced and support myself with no one to fall back on but I am going to make it known that if I come in in the future and these conditions present themselves, I will not clock in, I will not take report and they can consider it my resignation. This may harm my chances of getting a position some where else but I know if I don't stay the DON will have to and maybe the they will finally hire some more nurses giving the residents the safe and proper care they deserve! Thanks again to everyone! :yeah:

Medic2RN, BSN, RN, EMT-P · Sep 28, 2008

Glad to hear that you are feeling better.

FYI, I've never seen 'Abandonment of Patient' in the penal code. The police can't do anything about that. It's a license issue.

I would start looking around for other employment before it gets to that point again.

Good luck to you.

Bluehair · Sep 28, 2008

So glad you are feeling better, and I presume your BP is somewhere back on this planet?

In states I have worked in in the past, it is not patient abandonment if you never accept responsibility for them in the first place. The OP is right, the whole police thing is a pressure tactic to scare people into coming in to work. Sounds like this place is clueless on how to have good staff on board, how to treat people like people, etc. Glad you will be looking for something else!

Best wishes!!!!