License Surrender

Nurses General Nursing

Published

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.

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.

Thanks For your reply. No I didn't have my own . I never thought I would need it. What a lifesaver that small investment would have been. I showed your reply to my wife (she's a nurse also) and she said "I can't believe we didn't learn this in school. Maybe I should get some insurance." No doubt!

I wonder if any one could suggest a lawyer for me now. I am having a little trouble finding someone who specializes in this sort of thing. Thanks again.

Specializes in Education, FP, LNC, Forensics, ED, OB.

I'm sorry, frankpjrd, but the members of Allnurses.com cannot give you names of attorneys. Please refer to an earlier post on page one about how to locate attorneys in your area.

Good luck.

I'm sorry, frankpjrd, but the members of Allnurses.com cannot give you names of attorneys. Please refer to an earlier post on page one about how to locate attorneys in your area.

Good luck.

Oops. Sorry. I didn't mean to ask something inappropriate. I'll just keep looking for a lawyer. I am probally putting the cart before the horse anyway. I'll have to recover some financially before I could hire a paperboy. Being off work I sure do miss that cable TV.

My license is due for renewal this month. Since I surrendered it I can't use it but I don't want to let it expire. Do you have any suggestions there?

Thanks

Specializes in Education, FP, LNC, Forensics, ED, OB.
Oops. Sorry. I didn't mean to ask something inappropriate. I'll just keep looking for a lawyer. I am probally putting the cart before the horse anyway. I'll have to recover some financially before I could hire a paperboy. Being off work I sure do miss that cable TV.

My license is due for renewal this month. Since I surrendered it I can't use it but I don't want to let it expire. Do you have any suggestions there?

Thanks

In my state, whenever the nurse has surrendered the license and it is time for renewal, it is still up to the nurse to renew. So, you need to renew and follow their instructions.

Good luck, frank.

Sorry to hear of your problems. Dealing with w/c is just more pain to deal with. You need an attorney to help you get what is rightfully yours. You can be sure your employer and the insurance carrier have lawyers. The employee has the right to, and should, file an injury report. Check out the site http://brain.hastypastry.net/forums/forumdisplay.php?f=69 Someone there might be able to help you or send you in the right direction. (the site is based at mass general hospital in boston)

I wish you the best.

First off I am very sorry about your health. Its not to your advantage to have repeated operations and now a back problem. You may not like my opinion, but I can't understand why you would go back to a job that you clearly could not physically do? I know some of what you are going through but I made a clear decision that if my health hindered my work, I would find a job that best suited me until I could regain my strength. I could not expect others to lift all my patients nor run for my call lights. And about the strongest med I was on was neurontin, which did nothing for me. Advil was the only pain med I would take and helped, as not to cause me any unwanted side effects. And my pain was many times a 10. Your goal now of course is to have your license reinstated, but I think if you were really honest with yourself, you would know that you did not handle your situation well at all. Signing forms that gave up your right, not filing a incident report when you were hurt, thats really some bad decisions. If you get your license back, pick your job well. Remember that you are no good to your patients when you can't do your job fully. If you have a handicap, there is a nursing job for you. You can do insurance claims, work for a pharmacutical company, maybe home health. Best of luck to you, because as I said I know what its like to have pain, and I also know what its like to have to leave a job I actually liked but was not for me at the time because of my health. And never would I want anyone to either do my work or think I was on drugs.

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.

I don't know which state you live in but I believe your facility is wrong in their denial of W/C. You informed them of your problem before being hired, was hired and was able to return to work, after your surgeery. You need to talk to an attorney. Please e-mail me for more information. I am a former W/C major case manager. Also, the nurse investigator had a clear conflict of interest. I wish I had known of your problems sooner. You need legal advice

Grannynurse:balloons:

Specializes in Psych, Med/Surg, Home Health, Oncology.

Frank,

You really do need a Lawyer NOW!! You needed one at the very beginning of this. I know the financial situation, but maybe you can try Legal Aide.

I'm so sorry for your Hip & back Situation. I hope you can get some relief with surgery.

I've had both my hips replaced many years ago now & know the kind of pain they can give you.

Mary Ann

First off I am very sorry about your health. Its not to your advantage to have repeated operations and now a back problem. You may not like my opinion, but I can't understand why you would go back to a job that you clearly could not physically do? I know some of what you are going through but I made a clear decision that if my health hindered my work, I would find a job that best suited me until I could regain my strength. I could not expect others to lift all my patients nor run for my call lights. And about the strongest med I was on was neurontin, which did nothing for me. Advil was the only pain med I would take and helped, as not to cause me any unwanted side effects. And my pain was many times a 10. Your goal now of course is to have your license reinstated, but I think if you were really honest with yourself, you would know that you did not handle your situation well at all. Signing forms that gave up your right, not filing a incident report when you were hurt, thats really some bad decisions. If you get your license back, pick your job well. Remember that you are no good to your patients when you can't do your job fully. If you have a handicap, there is a nursing job for you. You can do insurance claims, work for a pharmacutical company, maybe home health. Best of luck to you, because as I said I know what its like to have pain, and I also know what its like to have to leave a job I actually liked but was not for me at the time because of my health. And never would I want anyone to either do my work or think I was on drugs.

:imbar How right you are. I'll be 53 YO next week and it's time I grew up. Trying to be a tough guy is just stupid. I spent 34 years combined in the oilfield and nursing without a single lost time accident until this happened. It didn't put any money in the bank or trophy's on my wall. My Dad always said take care of your job Junior and your job will take of you. Be honest and trust the man your dealing with will be honest in return. Well now I realize that's all just old hat. My Dad's nickname was Bulldog, I guess that says something about my genetics. I probably would not have even finished high school if hadn't been for the wrestling program. I couldn't wait to go out and pick up something heavy. I've had some physically easy jobs. Oilfield sales, home health Case Manager, Psyche charge nurse on the night shift. I didn't like them. I missed that call. Lets get Frank. He can move that drill collar/stroke patient. He can start that coupling/IV. Frank can get that spinning chain/NG tube in. I carried my weight and was there for whoever needed me.

Now my Dad's 84 YO and lives in an old oilfield trailer by himself. He's beat cancer but he can't stand alone. He moves from chair to chair in his house taking care of himself. He's too independent to go to an assisted living or a nursing home. He still does his own taxes but he has to get someone else to do the writing for him. He could get home health but he insist he can still drive. He has a pickup with a hoist and electric chair in the back but he doesn't get out unless it's a family reunion or someone needs some help. He wont let you help him unless he pays you. On a good day he might let me run the hoist. My wife says I'm going to be just like him. Or maybe she says I'm already just like him. That might be alright because he may outlive all of us. Anyway he's going to have one hell of a funeral. Everyone knows him. I think his picture hangs in half the lodges in the county he lives in.

I do believe in drugs. I've spent a lot of time trying to sell my patients on them. My Diovan helps my head, the Celebrex makes it easier to get out of bed and I can pee a lot better when I'm taking Flomax. I'd like to try some Testosterone and some of that Cialis but my wife"s against it. Yes I take my drugs per Dr.'s orders and I don't care who knows it. I'm sorry you've had health problems at you age. I felt really good when I was 35.

Well this has been fun. I think when I get my back fixed I'll try and find an old timers wrestling league.

Best wishes, Frank

Frank,

I am so sorry to read about your troubles and I agree with the other posters that you need legal counsel. As a matter of fact, you have two separate legal issues; W/C injury and the board of nursing issue. I just don't see how you can handle these without legal representation.

I didn't think that a nurse could waive their right to a hearing before the board. You might want to research that. Here is a link to the rules that govern the Oklahoma Board of Nursing:

https://www.ok.gov/nursing/rules03.pdf

Page 27 specifically addresses hearings.

That whole business with the "investigator" just doesn't sound right. An attorney who specializes in administrative law might be able to clear this up for you. When they made you surrender your license, was it because they found you had violated the Nurse Practice Act, or was it because of your disability. If it was the latter, wouldn't you be protected by the Americans with Disabilities Act?

As far as disability payment goes, I don't know how it works in Oklahoma, but in California if you cannot work because of a disability, you file a claim and you get paid. It doesn't matter if the disability was pre-existing or not.

Hang in there. You mentioned that your Dad's nickname is Bulldog. Hopefully he has passed some of his tenacity on to you. It seems that you will need it.

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