License Surrender

[frankpjrd]

On March 9th, 2005 while working on the step-down unit I was injured by a combination of bending, twisting and lifting a patient up in bed. I felt something give way and a sharp pain in my lower back and right hip.I told the supervisors about the injury. I did not want to file workmen's comp. I believed filing a claim could cause problems with my job, possibly decrease my marketability for future hospital jobs, and mostly I believed I would recover. I returned to work wearing a brace. I was called into the office the following month was told that audits had been done on my charting. (I was the only one audited) I was told I was terminated because my charting was incomplete and this put my patients safety at issue. I was shown three instances where I had failed to chart on the MARs. I told them I knew my paperwork had suffered after the injury. I was frequently behind on my paperwork after taking care of my patients. After the meeting my boss suggested I use the grievance process to try and save my job. He also ask me if I had filed on the injury I had lifting the patient. When I said no he replied that was good and he was going to try and help me save my job.

Six weeks later I was called in by the State Board to see the Nurse Investigator. She told me was she was a formerly employed as a manager for the Department at the hospital that fired me. She told me the hospital had accused me of drug diversion. I denied this and told her about the injury and that I had not worked since fired. She suggested I go back to work and told me I must get a Substance Abuse Psych Evaluation ($300 my cost) from the list of providers they gave me. She inferred that this would resolve the issue without going befor the full board. I had the evaluation done and told them I had been taking pain medication for my back after the injury. I also told them during the evaluation that I had taken pain medications while working prior to a total left hip replacement in 1999 and before a total right hip replacement in 2004. I had not had any problems either with my job or stopping the pain meds after my surgery's.

The last time I went to see the nurse investigator I was told that the evaluators recomendation was I should complete the evaluation group's Outpatient Program (I expected that) and also that I not be allowed work as a nurse until all my back issues were resolved. I was told to either surrender my license until the above was done or it would be suspended. So I surrendered my license at that time.

When I picked up a copy of the evaluation I found out the recommendation that I not be allowed to work as a nurse came from the evaluator's discussion with the nurse investigator. Initially at the first meeting the nurse investigator had persuaded me it would be simpler to waive the right to a meeting before the full board and agree to follow her recommendation. I was just to eager to please.

At the present time my backs still messed up. I don't know if I'll ever be able to get my license back.

[Undecided7]

It's not fair and you don't deserve this. I'm not sure you have much of a legal option at this point because you didn't file for worker's comp and signed the waiver and all. Just please tell every nurse you know to ALWAYS fill out a worker's comp packet even for a minor injury (you never know if it could be worse), and never waive your right to anything. Your desire to please your manager and Board of Nursing and look like a "nice" and helpful person has cost you a lot. The Board of Nursing and hospital admin. are NOT YOUR FRIENDS. Even if they are nice to you and try to work with you- you should NEVER NEVER give up ANY of your rights for any reason- especially because you want to make a good impression. Nice guys finish last. People that stand up for themselves and know their rights- well, they usually don't get quite as screwed. This is a perfect example that I hope we can all learn from so it doesn't happen to others.

[RazorbackRN, BSN, RN]

I 'm not sure about the licensing issue, as I am still a student, but I have worked several years in managed care and as a worker's comp coordinator.

Get your healtcare providers to file a worker's comp claim. Of course, it will be denied, this is what you need. Once a denial has been received from the w/c carrier, they can forward that to your health ins. co and that should take care of the claims payments. If need be, get your state insurance commissioner involved.

[frankpjrd]

Thanks to iwannabeanrn. I apreciate that info very much. I have never had to file worker's comp before. I'll start calling my providers tomorrow. I have called several lawyers who have advertisements like, after you call 911 call us, but after a little bit of my story they say they will call me back and never do. I guess they want a slam dunk. Thanks again.

[hipab4hands]

Thanks to iwannabeanrn. I apreciate that info very much. I have never had to file worker's comp before. I'll start calling my providers tomorrow. I have called several lawyers who have advertisements like, after you call 911 call us, but after a little bit of my story they say they will call me back and never do. I guess they want a slam dunk. Thanks again.

Keep calling around for a worker's comp attorney. If they don't call you back, then they don't need or want your business. You really do not want to deal with an attorney, who can't show you basic courtesy by returning your phone call. If they won't call you back, before you're an actually client, think about how they will treat as a client.

There are enough attorneys out there today in need of work. If you are persistant enough, you'll find one. You might also want to expand your search and try an attorney that deals with labor law/employment issues.

[NRSKarenRN, BSN, RN]

Did you have malpractice insurnace at time of incident?

If so, appearance before board of nursing are usually covered.

Above post perfect reason to carry own policy especially as cost only about ~100.00 year.

[GooeyRN, ADN, BSN, CNA, LPN, RN]

I don't have any advice for you. I hope that your hip and back start to feel better soon and that you find some employment. I hope all turns out ok for youl.

[lindarn]

I would call the State Bar Association to get a referral. Also, on "FindLaw.com", they have a "find a lawyer in your city" . Findlaw is a treasure chest of legal information. They have all the links to the state website, in terms of state law, federal law, and more, etc. If you are in a small town, you might try a law firm in your state capitol, or another large city.

Lindarn, RN, BSB, CCRN

Spokane, Washington

[jimthorp]

Hindsight is 20/20. This incident should serve notice to every licensed professional that you should always solicit an attorney when dealing with legal matters. I suspect many of these problems could have been avoided by using an attorney.

Start now and find an attorney for when/if you ever need one.

Corporations will always try to force/intimidate people into making bad choices such as signing away a right. They will screw anyone if they think it will benefit their bottom line.

[soliant12]

This is a lesson for everyone else out there to file appropriate paperwork when injured and document incidents and follow-ups and why you need a an attorney when dealing with the SBON.

I applied for a position with a hospital the summer of 2003. When I submitted my application I informed the HR dept that I was scheduled for a total right hip replacement in October that same year. Included on the application was the information that I had for several months been taking Oxycontin twice a day and Lorcet as needed for the degenerative hip pain. I completed the new hire requirements that included drug testing and began work in August 2003. The surgery was completed during October 2003. I subsequently returned to work without the need for opiates.

The new hip dislocated in December 2003 after lifting a psche patient from floor to bed during the 11 to 7 shift. The night supervisor ( an experienced ER nurse) attempted to reduce the dislocation but was unable to do so. I was taken to the Emergency Room at a different location of the same hospital group. I was admitted as an in-patient, taken to surgery and the hip was put back in place and released 2 days later. After returning to work I was informed that no part of the medical expenses would be covered by workmen's comp since this was due to a pre-existing condition. Also my group medical coverage did not begin until January 2004.

The right hip subsequently dislocated again the summer of 2004 while I was at home. I went the Emergency Room at an orthopedic Hospital where the hip was reduced and I was back home in about two hours. I was told there the reason the hip was dislocating was because of incorrect cup placement. I scheduled a Total Right Hip Revision at this hospital Dec. 31, 2004. The surgery was successful and I went home Jan. 2, 2005.

The first of February the Manager of the Step-Down Unit I was working on requested that I return to work The surgeon who had done the revision felt I should take off longer but provided a release to return to work a four-hour day with frequent rest and a 50 # lifting restriction. I returned to work but was informed that I needed a full release from the Dr. to return to work. They provided a written copy of this decision, which made clear that there would be no light duty available and to return to work I must be able to lift, carry, push or pull 100+ pounds. Stoop, kneel and/or crouch daily. Stand and walk more than 5 hours per day. Reach, grasp, or feel 5 or more hours per day. I had FMLA leave allotted time left but no PTO hours left to assist with my feed bill. Also the Short Term Disability insurance that was deducted from my paycheck would not pay because the surgery was due to a pre-existing condition.

On March 9th, 2005 while working on the step-down unit I was injured by a combination of bending, twisting and lifting a patient up in bed. This was high acuity unit where we did total patient care without techs or aids at night.I had initially called for assistance via the call light, however when no one came the patient's family began attempting move the patient alone I immediately stepped up to assist. I felt something give way and a sharp pain in my lower back and right hip.I told the supervisors about the injury. I told them I wasn't sure what was injured since I had pain in lower back and right hip. I was told problems with my hip would not be considered an on the job injury. I did not want to file workmen's comp. I beleived filing a claim could cause problems with my job, possibly decrease my marketability for future hospital jobs, and mostly I beleved I would recover. I returned to work wearing braces for my back, hip, leg, and the foot drop. I was also taking anti-inflamatories and pain medicine.

My symptoms continued to worsen. I went the first of April to the office of the surgeon who did the revision for follow up where X-rays were taken and was told the symptoms were not related to the revision and probally involved my back. When I went back to work I told my supervisors my problems were with my back.

I was called into the office later in April and was told that audits had been done on my charting. (I was the only one audited) I was told I was terminated because my charting was incomplete (during the period after I had been hurt) and this put my patients safety at issue. I was shown three instances where I had failed to chart narcotic administration on my MARs. I told them I knew my work had suffered because of the injury. I was moving around so poorly that I was frequently behind on my paperwork after taking care of my patients. After the meeting my boss told to use the grievance process to try and save my job. He also ask me if I had filed on the injury I had lifting the patient. When I told him no he told me that was good he knew I wasn't that kind and he was going to try and help me save my job. I realized I had screwed up and wanted to be as compliant as possible. I trusted my former boss and he had also recently hired my wife (also a RN) to work on this floor.

Six weeks later I was called in by the State Board to see the Nurse Investigator. The first thing she told me was she was a formerly employed as a manager for the Department at the hospital that fired me. She told me the hospital had accused me of drug diversion. I denied this and told her about the accident and that I had not worked since the last day at the hospital.. She said I should go back to work and I must get a Substance Abuse Psych Evaluation ($300 my cost) from the list of providers they gave me. She then repeated I should work as a nurse until the next conference. (Approximately 6 weeks)

I worked at several light duty nursing jobs through an agency but my symptoms were getting worse and I was unable to work consistently. I had a CT done and was diagnosed with Degenerative Disk Disease and Vacuum Phenomena but the etiology of my symptoms is unclear without further testing. I have had three epidural steroid injections which helped with the pain temporarily. I also had the evaluation done and told them I had been taking pain medication for my back after the injury. I also told them during the evaluation that I had taken pain medications while working prior to a total left hip replacement in1999 and a total right hip replacement in2004. I had not had any problems either with my job or stopping the pain meds after my surgerys.

The last time I went to see the nurse investigator on Sept. 15th I was told that the recomendation was I should complete the evaluation group's Outpatient Program (I expected that) and also that I not be allowed work as a nurse until all my back issues were resolved. I was told to either surrender my license until the above was done or it would be suspended. So I surrendered my license at that time.

When I picked up a copy of the evaluation it reads the rcomendation that I not be allowed to work as a nurse was made after the evaluater's discussion with the nurse investigator. When I went before this nurse investigator the first time (again trying to be compliant) I signed a form waiving my right to a hearing before a full board.

My families financial situation is getting critical. The HMO that covers our medical is kicking back the medical bills because the problems began after an incident at work. The hospital I worked for is denying responsibility for anything because I didn't file a comp claim when it happened. My Dr. says I need to go to a back surgeon or specialist. I can't work at physically demanding jobs because of my back. I can't work at what I could do because I don't have a license. I can't get my back fixed because there is no one to pay fo it. At the board meeting I went to they suggested I file for disability.

Does anybody have a suggestion? I took good care of my patients and I don't think I deserve this.

[mandykal, ADN, RN]

Frank! Gee, what pain you have to go through. First, you need to get a lawyer as mention. My wife injuryed her back as a CNA and did not file papers for worker's comp, but the very next day she saw our pcp who took note of the injury. Because of that note, after we got an attorney, she won her case. There's alot you've been through. Your story will need to be questioned in writing many times so you make sure you have it straight. I hope the best for you.

.........And don't call the lawyers, go to their office.......

KAL

[imenid37]

Wow! I feel so bad for you. God bless you and get an attorney pronto!