legal paradox

[mediatix8]

I know that we have the legal right to refuse to accept report. And I've heard that at least in Illinois, the hospital can't force mandatory overtime. So what happens if the shift that is following yours is short, and they won't accept report from you. Let's say you do not want to stay overtime. Management was aware and there was no extra help to send. You can't just leave without giving report to a qualified nurse, right? This situation almost happened and one of the nurses on my shift was going to just leave a written report and go home. Thankfully, someone decided to stay overtime and crisis was avoided. But does anyone know if leaving a written report and leaving is considered abondonment?

[JB2007, ASN, RN]

I would consider this abandonment. How do you know a nurse will be there to take care of your patients if you leave a written? Until you give report to the next shift and there a qualified person to take responsiblity of your patients you are responsible. Therefore, if you leave before you are certain that there is a qualified person to take care of your patients that is abandonment. I have had to stay past my shift because my replacement did not show up and it is not fun.

[mcbismark]

This isn't a paradox; it is a legal issue.

According to Silvestri's Comprehensive NCLEX-RN Examination edition 4 page 53 section D.

If you 'walk out' when staffing is inadequate charges of abandonment will be made against you.

Mark

[elkpark]

In my state, if you leave without turning over the care of your clients to a qualified person (leaving a written report wouldn't count ), that would be considered abandonment. If there is no one to relieve you, you have to stay.

However, you don't have to stay indefinitely; you are only required to stay a "reasonable" amount of time to give management time to find someone to relieve you. At one facility a number of years ago, coworkers and I were communicating with the BON about how, specifically, to refuse an assignment without putting our licenses in jeopardy if conditions got to the point that we felt we needed to (don't ask!! :)), and our BON told us that two hours would be considered a "reasonable" amount of time and after that, we could leave, regardless (without risking our licenses). That standard would apply whether it was a case of refusing an assignment at the beginning of a shift, or someone not showing up to relieve you at the end of a shift.

Of course, that's only the standard in my state. I'm sure your state BON would be happy to explain what the specific standards and requirements are in your state. If you're working in any sort of dicey situation, it's smart (and comforting :)) to have that information in advance, from "the horse's mouth," and be clear about what your specific responsibilities are.