Legal/ethical question

Published

My first (and only) job out of nursing school was on a particularly difficult floor. I got the job because my nursing school buddy campaigned for me. One evening as we were having dinner before our shift, he confessed to me that he was stealing patient's meds. He also told me another nurse on the floor had shown him how to "get around" the safeguards on the narcotics cart. He claimed that that was how everyone on our unit got through their first six months.

I was shocked, but did not know what to do. I did not report it; he never appeared impaired on the job, and the drugs he admitted to stealing (Ambien and Ativan) were both things that had been prescribed to me by my doctor, to deal with the stress of my new job. I know that is no excuse, but it was my rationale at the time.

Am I legally liable for not having reported him? Or does it fall under "hearsay?" Does anyone know of a resource in NY State that I can call? This is an issue now because I am about to use this experience as the topic of both papers for the Nursing Ethics class I am currently taking. I don't want to lose my RN license!

BTW I am no longer at that hospital, am not working as a nurse at this time

Thanks for any advice you can give!

Specializes in critical care/ PCU.

MJB2010 & Davey Do-

That is an excellent idea! It is supposed to be a personal experience, but I guess it still is if another nurse told me. And that would definitely apply the hearsay rule. Thanks!

Jess

Ok you have a point. I am not turning him in now, for the record, as I am no longer at that hellhole. I did not turn him in at the time because honestly, I just did not know what to do. I had been sharing with him about how stressed and insomniac I was, and that was what he countered with. He is a bit of a drama queen, so I was hoping he was exagerrating...

How was I supposed to turn in the person who got me the job? I would have been fired instantly (on some pretense). It took me six months to get that job...times are tough for new nurses.

I am confused. If you had reported him to the NYSDOE, whom is our reporting agency, how would the employer know, they are not informed. The violating nurse is the one notified. If you are questioning your ethics, you should. You failed to follow our NPA.

GrannyRN65

Specializes in critical care/ PCU.

I honestly had no idea that the NYSDOE was who to report it to. They don't teach you these things in nursing school. I thought I would have to report it to my Nurse Manager--who was a pretty scary woman. And I am not scared by many people.

I am questioning my ethics in my lack of action in that situation, just so you know. In hindsight, there was a general lack of ethics on that unit. I was just trying to keep my head above water....to no avail, as I got canned anyway.

I honestly had no idea that the NYSDOE was who to report it to. They don't teach you these things in nursing school. I thought I would have to report it to my Nurse Manager--who was a pretty scary woman. And I am not scared by many people.

I am questioning my ethics in my lack of action in that situation, just so you know. In hindsight, there was a general lack of ethics on that unit. I was just trying to keep my head above water....to no avail, as I got canned anyway.

The NYSDepartment of Educatin is the licensing agency for a number of professions in New York State. You go their website and plug in your profession and go to your site. As a professional nurse you can report any violation to that website. You do not have to fear putting your own license in danger. Please remember that. What are you currently studying that you have an ethics class in?

GrannyRN65

Specializes in Nephrology, Cardiology, ER, ICU.

Make this simple - choose another topic for this paper and consult a lawyer.

This is beyond the scope of the internet.

Specializes in NICU, Post-partum.
My first (and only) job out of nursing school was on a particularly difficult floor. I got the job because my nursing school buddy campaigned for me. One evening as we were having dinner before our shift, he confessed to me that he was stealing patient's meds. He also told me another nurse on the floor had shown him how to "get around" the safeguards on the narcotics cart. He claimed that that was how everyone on our unit got through their first six months.

I was shocked, but did not know what to do. I did not report it; he never appeared impaired on the job, and the drugs he admitted to stealing (Ambien and Ativan) were both things that had been prescribed to me by my doctor, to deal with the stress of my new job. I know that is no excuse, but it was my rationale at the time.

Am I legally liable for not having reported him? Or does it fall under "hearsay?" Does anyone know of a resource in NY State that I can call? This is an issue now because I am about to use this experience as the topic of both papers for the Nursing Ethics class I am currently taking. I don't want to lose my RN license!

BTW I am no longer at that hospital, am not working as a nurse at this time

Thanks for any advice you can give!

Let's not over-react here folks...this is NOT a legal question she has.

Yes, you should report it.

Here is why: All they are going to do is drug-test the employees or assign someone to watch them. If they fail a drug test or they get caught, then that is their fault.

They are not going to get fired based on a mere accusation...they are going to want more proof since you did not actually witness the theft.

This is especially true if meds are getting diverted from patients, and in my opinion, is patient abuse.

I have zero empathy for nurses that steal drugs.

PS: I agree that you should use another topic for a paper...seriously...that is going to not shed a good light on you if you write that you knew drugs were being stolen and didn't report it.

However, I disagree that you need to seek an attorney...you just need to report it to your nurse manager.

It is not your job, to make sure that the nurse manager does somethinga about it...because of the chain of command...your only job is to report it to the powers that be.

Investigations are confidential and they are not obligated to report back to you of what action they took.

Who cares if the NM is a "scary person"...are you going to back down to a "scary" physician if he writes an order that clearly can harm a patient???

If you did not witness him stealing drugs at the hospital, I think this is a situation best left alone.

Specializes in Psych (25 years), Medical (15 years).
If you did not witness him stealing drugs at the hospital, I think this is a situation best left alone.

Jeez! caliotter3, you make a good point here! There's a lot of truth in your statement.

I noted that my situation was "similar". It was, in that the other Individual was diverting drugs; a non-licensed Individual actually giving sample medications to a Client without a Physician's order. I happened to be in this Individual's office and witnessed this taking place. And, I acted accordingly.

But to have not actually witnessed the diversion taking place. I guess that could be, as originally noted, "heresay".

Still, I would, in the very least, consult with an RN/JD.

Just my 2 cents.

Dave

Specializes in Management, Emergency, Psych, Med Surg.

Please consult your state rules and regulations for nursing professional practice and it will guide you though what you should report. I can tell you from experience that this type of issue must be reported to the manager at once and he/ she should assure that pharmacy is aware so that a system can be implemented to reduce this type of behavior. Every system can be bypassed in one way or another. But you have a professional responsibility and duty to report any discrepancy or issue regarding narcotics. And YOU can be held accountable if you do not.

Specializes in NICU, Post-partum.
Jeez! caliotter3, you make a good point here! There's a lot of truth in your statement.

I noted that my situation was "similar". It was, in that the other Individual was diverting drugs; a non-licensed Individual actually giving sample medications to a Client without a Physician's order. I happened to be in this Individual's office and witnessed this taking place. And, I acted accordingly.

But to have not actually witnessed the diversion taking place. I guess that could be, as originally noted, "heresay".

Still, I would, in the very least, consult with an RN/JD.

Just my 2 cents.

Dave

It is not heresay when the person who alledgedly committed the act TELLS YOU PERSONALLY he did it.

Heresay, is when the information comes from a third party and not the person directly involved.

That is why the OP can still report it...they are not going to fire the employee over the accusation...a drug test or an observation is going to clear them if he was making it up because of low-ego moment.

Specializes in ER/Ortho.

Wouldn't the OP already be in trouble, and be held accountable for all issues arising from her non-reporting if she reports at this time. She stated that this occurred some time ago, but he was her friends, and she was somewhat new, and never reported it the entire time she knew it was happening, and the entire time she worked for this employer.

Now she is no longer employed for this employer, and she wants to write a paper using this situation as an example, but is afraid she will get in trouble. She feels she should report the incident now so as to not get into trouble when her paper is turned in.

My point is she was not concerned about her friend possibly getting fired and loosing his license from drug use and abuse. She was not concerned with the patients who were being treated by a nurse under the influence of drugs, and any mistakes or deaths that occurred from such. She was not concerned with any patients who were neglected or abused from not being medicated or being under medicated so drugs could be diverted. And she was not concerned with the cost to the hospital from the stealing of drugs. She is concerned now that she wants to use the information in a paper so she can make a good grade, but she herself doesn't want to get into trouble so feels she needs to reports. My point is ...if she reports now isn't she responsible for knowing all the above,,, but not reporting it.

Specializes in Oncology; medical specialty website.
Now that your no longer with that institution, your probably in the clear, but from an emotional / personal standard viewpoint are you really?

I hear you. Honestly, I witnessed so many atrocities at that institution in the mere three months I was there that that was just one of many. That is why I am not nursing now. Until I can find a job in a place that treats its patients and nurses like humans, and adheres to some moral standard; I don't want to be involved.

Atrocities?

No. The Nazis committed atrocities. The Khmer Rouge committed atrocities. Saddam Hussein and his henchmen committed atrocities. Please, let's not get carried away here.

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