Jacho

straightgate · Feb 9, 2010

Black Male Nurse Sues Hospital for $10 Million"

January 17, 2010 12:48 AM

LINDELL KAY

Hubert man who claims to have been wrongfully terminated after a patient said he sexually assaulted her is suing Duplin General Hospital for $10 million.

"I was discriminated against because I was a black male nurse," Edgar Huff told The Daily News on Friday.

In a lawsuit filed last month in Onslow County Superior Court, Huff claims a patient erroneously accused him of inappropriately touching her breasts in November 2008 and the hospital fired him without a proper investigation.

The Duplin County Sheriff's Department charged Huff with sexual battery in December 2008.

Huff said he was locked up and had to sell his dead father's watch, a family heirloom, to pay $300 to a bail bondsman to get out of jail.

He was found not guilty of the misdemeanor criminal charge by a N.C. District Court judge in February.

The lawsuit claims the hospital maliciously prosecuted Huff, abused the justice process leading to Huff's false imprisonment and defamed Huff, preventing him from finding gainful employment.

"I had to go through three long months suffering mental anguish, loss of dignity and low self-esteem," he said. "I had to worry night and day about the possibility of being put on the sex offenders list for 10 years, giving my DNA, fearing losing my nurses license and worrying that I may be incarcerated for years for something I did not do."

The lawsuit also claims the hospital was slow in paying Huff accrued vacation and holiday pay.

Detailed messages left by The Daily News with hospital officials were not returned.

The N.C. Employment Security Commission ruled that Huff "was discharged but not for misconduct or substantial fault connected with work."

In July, the N.C. Board of Nursing ruled that there was no "clear and convincing" evidence Huff had violated any standards of the Nursing Practice Act.

In an April letter to the hospital's human resources department, Huff's attorney, Jacksonville lawyer Ernie Wright said Huff was the subject of race and gender discrimination under Section 1981 of the Civil Rights Act of 1866.

"My client believes his bogus prosecution and subsequent harassment were racially motivated," Wright stated. "As such, he fears coming back to work at Duplin General Hospital and will be seeking unlimited compensatory and punitive damages."

Huff said he cannot find work in the profession he has trained for his entire adult life.

"Nobody wants to give me a chance," he said. "I did not do anything wrong. I was found not guilty in a judicial court of law, but I can't get a job."

Contact Lindell Kay at 910-219-8456. Read his blog here.

straightgate wrote: and is Edgar Huff

More to the story is right. The hospital would not allow his Charge Nurse, the Senior Psych Tech, nor the BSN to give a statement during the investigation on Mr. Huff for the night in question even though they were together all night. Mr. Huff told investigator to check films from the cameras on the Psych Unit to prove his innocence. Three days later they told Mr. Huff the cameras did not record. Days later Mr. Huff agreed to take a polygraph and if it returned fine he could return to work without a problem. Mr. Huff called after hospital never called him back. Hospital Investigator told Mr. Huff he would not be allowed to take the polygragh because the woman that accused him refused to take one and if he wanted to clear himself he would have to prove it in court. After being found not guilty, the EEOC was contacted to investigate, then EEOC sent case to their Enforcement Dept. after their finding they recomended a mediation but DGH refused. EEOC at that point sent the writ to sue !

elkpark · Feb 9, 2010

Black Male Nurse Sues Hospital for $10 Million"

January 17, 2010 12:48 AM
LINDELL KAY

Hubert man who claims to have been wrongfully terminated after a patient said he sexually assaulted her is suing Duplin General Hospital for $10 million.
"I was discriminated against because I was a black male nurse," Edgar Huff told The Daily News on Friday.
In a lawsuit filed last month in Onslow County Superior Court, Huff claims a patient erroneously accused him of inappropriately touching her breasts in November 2008 and the hospital fired him without a proper investigation.
The Duplin County Sheriff's Department charged Huff with sexual battery in December 2008.
Huff said he was locked up and had to sell his dead father's watch, a family heirloom, to pay $300 to a bail bondsman to get out of jail.
He was found not guilty of the misdemeanor criminal charge by a N.C. District Court judge in February.
The lawsuit claims the hospital maliciously prosecuted Huff, abused the justice process leading to Huff's false imprisonment and defamed Huff, preventing him from finding gainful employment.
"I had to go through three long months suffering mental anguish, loss of dignity and low self-esteem," he said. "I had to worry night and day about the possibility of being put on the sex offenders list for 10 years, giving my DNA, fearing losing my nurses license and worrying that I may be incarcerated for years for something I did not do."
The lawsuit also claims the hospital was slow in paying Huff accrued vacation and holiday pay.
Detailed messages left by The Daily News with hospital officials were not returned.
The N.C. Employment Security Commission ruled that Huff "was discharged but not for misconduct or substantial fault connected with work."
In July, the N.C. Board of Nursing ruled that there was no "clear and convincing" evidence Huff had violated any standards of the Nursing Practice Act.
In an April letter to the hospital's human resources department, Huff's attorney, Jacksonville lawyer Ernie Wright said Huff was the subject of race and gender discrimination under Section 1981 of the Civil Rights Act of 1866.
"My client believes his bogus prosecution and subsequent harassment were racially motivated," Wright stated. "As such, he fears coming back to work at Duplin General Hospital and will be seeking unlimited compensatory and punitive damages."
Huff said he cannot find work in the profession he has trained for his entire adult life.
"Nobody wants to give me a chance," he said. "I did not do anything wrong. I was found not guilty in a judicial court of law, but I can't get a job."
Contact Lindell Kay at 910-219-8456. Read his blog here.
straightgate wrote: and is Edgar Huff
More to the story is right. The hospital would not allow his Charge Nurse, the Senior Psych Tech, nor the BSN to give a statement during the investigation on Mr. Huff for the night in question even though they were together all night. Mr. Huff told investigator to check films from the cameras on the Psych Unit to prove his innocence. Three days later they told Mr. Huff the cameras did not record. Days later Mr. Huff agreed to take a polygraph and if it returned fine he could return to work without a problem. Mr. Huff called after hospital never called him back. Hospital Investigator told Mr. Huff he would not be allowed to take the polygragh because the woman that accused him refused to take one and if he wanted to clear himself he would have to prove it in court. After being found not guilty, the EEOC was contacted to investigate, then EEOC sent case to their Enforcement Dept. after their finding they recomended a mediation but DGH refused. EEOC at that point sent the writ to sue !

Is this supposed to have something to do with JCAHO????? I think maybe it's in the wrong place ...

As for the original question of becoming a JCAHO surveyor, they look for people with lots of clinical experience, usually management experience in healthcare, and you travel (are away from home, staying in hotels) a LOT.