Lawsuit Claims Nurse Was 'Worked to Death'

[Brian, ASN, RN]

An Ohio man whose wife died in a car accident earlier this year is suing the hospital where she was a nurse, claiming she was "worked to death," and that the hospital knew about it.

Jim Jasper's wife, Beth, was killed on March 16 while driving home after a 12-hour shift.

The wrongful death lawsuit, filed last week, alleges that from 2011 to the time of her death, Beth Jasper's unit at the Jewish Hospital in Cincinnati was "regularly understaffed," causing some nurses, including Jasper, to work through breaks and pick up additional shifts.

Additionally, Jasper was routinely called into work while off duty because she was one of the few nurses qualified to work the unit's dialysis machines, according to the suit...

Reporter: In a statement, the hospital would only say. Our hearts go out to the family. We do not comment on pending litigation.

A nationwide shortage of nurses has created a dangerous situation. According to the ANA, one in ten nurses say they were involved in an exhaustion-related car accident. They're going to have to show that it would be reasonably foreseeable that the actions of the employer, would lead to the death of the employee.

Full Story and Video: http://abcnews.go.com/GMA/video/ohio-husband-sues-hospital-working-wife-death-20886095

additional coverage:

http://abcnews.go.com/US/video/lawsuit-claims-nurse-worked-death-20878382

http://www.cnn.com/2013/11/12/health/ohio-nurse-worked-to-death-lawsuit-says/

Nurses, what do you think about this story? Reply with your opinions. Have you been involved in an exhaustion-related car accident?

[Carrie RN]

I have never been in an accident, but have pulled many 24 hour shifts. It made me decide that I needed a new job. I pray for her family, because her job won't be grieving.

[prmenrs, RN]

Interesting statement that "there is a nationwide shortage of nurses" when there are so many nurses searching for jobs. I think there is a nationwide shortage of hospitals (and the corporations that run them) willing to HIRE nurses.

And, btw, Joint Commission needs to start looking @ staffing ratios when they accredit hospitals instead of Price Gainey surveys.

[falls off soap box]

[That Guy, BSN, RN, EMT-B]

I think there was another thread where we were discussing this.

While sad, it isnt the hospitals fault.

[CrossCountryRN2008]

You have the right to refuse working over your shift. It is a risk in nursing. If working over certainly call in if expected to be back in less than 12 hours

[Been there,done that, ASN, RN]

We do NOT have that right. Hospitals will slap an abandonment charge on you if they can't cover you and you leave without giving report.

[NickiLaughs, ADN, BSN, RN]

Need to know more, was she be called in to do mandatory overtime? Had she only been off a few hours and then went back in? Depending on the circumstances, her husband could win. I'm blessed to work in a hospital where you only do OT if you want to. Some pull 16s at my work, after about 14 hours I don't feel safe anymore. I'd rather work an extra day than an extra few hours on the same shift. I'm just more alert, but it's my decision and therefore my responsibility. I also don't take the freeway home after that. I drive on slower side streets. I"m also lucky enough to live close enough to the hospital to do that. My heart goes out to her family, to lose your mom/spouse that young...just sad.

[libran1984, ASN, RN]

I'd like to see more LTC areas get slapped with law suits like this. Those are the really dangerous places.

[brithoover]

I am often so tired on my drives that I have to pull over on the side of the road and take a nap. My husband gets really mad when this happens!

[cardiacfreak, ADN]

Interesting statement that "there is a nationwide shortage of nurses" when there are so many nurses searching for jobs. I think there is a nationwide shortage of hospitals (and the corporations that run them) willing to HIRE nurses.

And, btw, Joint Commission needs to start looking @ staffing ratios when they accredit hospitals instead of Price Gainey surveys.

[falls off soap box]

Amen sister!

[Kooky Korky, BSN, RN]

You have the right to refuse working over your shift. It is a risk in nursing. If working over certainly call in if expected to be back in less than 12 hours

Some employers mandate (force, order) OT. You are written up if you refuse. Get enough write-up's & you get fired.

[Kooky Korky, BSN, RN]

We do NOT have that right. Hospitals will slap an abandonment charge on you if they can't cover you and you leave without giving report.

My state board has told me that it is not considered abandonment if you have completed the shift you were scheduled to work. You can write out your report, give it to the supervisor, and leave.

Would I do that if I knew patients would likely not be safe? No.