Need Legal Help To A Situation: Lvn Refused Her Task

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Specializes in Med Surg/Tele/Ortho/Psych.

I worked in skilled nursing facitlity for 4 years; nurse for 8 years. I worked 16 hours on a Saturday and went back to work Sun at 0700. The LVN who preceeded me refused to do her cs, insulins, vs, medicare charging, etc.. for what she perceived as justified. When I went to work, I ended up writing her up and 2 LVN's who were clocked in did the cs/insulins for me as I was busy right off the bat that am.

I wrote the LVN up, she was fired and I was fired because I personally did not do the cs/insulins. What recourse do I have for this LVN not doing her duties. Should I turn this into the BNE?

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Specializes in ER.

I don't understand why they wanted you to do the work. If it was getting done and you knew someone was doing it doesn't that count as delegation? and what you are supposed to do?

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Is this the entire situation? I cant believe that you would be fired for having other nurses help you do blood sugars that wasnt done on the previous shift especially if you were busy.

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Specializes in ICUs, Tele, etc..

Maybe it was the time when it was done that's the problem? But I'm curious as to why the previous nurse didn't want to do the blood sugars and insulin....

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Specializes in LTC MED-SUG ORTHO.

the patient 1st is always the primary focus.

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Specializes in Utilization Management.
I worked in skilled nursing facitlity for 4 years; nurse for 8 years. I worked 16 hours on a Saturday and went back to work Sun at 0700. The LVN who preceeded me refused to do her cs, insulins, vs, medicare charging, etc.. for what she perceived as justified. When I went to work, I ended up writing her up and 2 LVN's who were clocked in did the cs/insulins for me as I was busy right off the bat that am.

I wrote the LVN up, she was fired and I was fired because I personally did not do the cs/insulins. What recourse do I have for this LVN not doing her duties. Should I turn this into the BNE?

If that's all that happened (i.e., no harm to the patients), I don't get why you were fired too. I also don't get why your question has to do with going after the LVN instead of getting your job back.

Could you clarify, please?

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I'm at a loss too??? You delegated tasks and prioritized the care that needed to be done. Did doing the tasks have a negative effect on their pts or yours? What was the reasoning behind thier firing you? We need more info.

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Specializes in Med/Surg, Ortho.

Im confused too,, if it was the LVN from the previous shift, how does that make it your fault? There apparently wasnt a RN on duty with her and it was in your report that she neglected to find out about the tasks that needed done? There has to be more to this than just you getting assistance from the LVN's working with you that morning getting some numbers and giving some meds that were missed or not done prior to your arrival.

I agree, think there has to be more info on this.

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whew

you said that you were busy right off...and lvn on your shift picked up slack

from earlier shift

what were you doing and what did they have to put aside to do this?

maybe tptb felt like the judgement was askew here but firing both of you seems extreme..i have gone to work and had to do somethings that previous shift was unable to get to [not just refused]

however this is now in the past..when you go to find another job explain the circumstances that caused separation..i don't see how the state board would enter into this unless you felt that the level entered into gross neglect ie were the patients very ill, brittle dm, or something in which the postponement endangered their lives

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This doesn't make sense. Even if the lateness of the tasks was the problem, the OP shouldn't have been fired since she rectified the situation asap. We're not getting the whole story.

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Strange course of action against the OP if you ask me. I think there are laws to protect you for reporting behavior. They CANNOT fire you for reporting it. And if you ask me they have only made it more difficult for nurses in the future to come forward about other nurses not doing their job. Which is WRONG, IMHO. I would make them rectifiy this situation. Maybe you don't wish to work there any longer after this situation, but I would at least get an attorney and right the wrong that has been done to you. You shouldn't have been fired

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Specializes in Med Surg/Tele/Ortho/Psych.

MY PATIENT'S HAVE ALWAYS COME FIRST AND ALWAYS WILL. THE PROBLEM IS WHEN OTHER'S DON'T DO THE SAME AND REFUSE TO DO THE SAME. THE NURSING HOME WANTED TO GET RID OF ME BECAUSE I WAS TOO HONEST AND THEY WERE A FOR PROFIT PLACE, OUT TO MAKE MONEY, CUT CORNERS, MAKE BONUSES, AND I WAS TOO OUT SPOKEN ABOUT WHAT WAS GOING ON THERE. I CALLED THE STATE SEVERAL TIMES AND I'M SURE THEY HAD AN IDEA OF THAT. I AM GLAD I LEFT NOW. THEY ENDED UP HIRING THE LVN BACK THAT NEGLECTED HER DUTIES. GO FIGURE. NO TELLING WHAT SHE ISN'T DOING FOR THE PATIENTS. :nono: :monkeydance:

I AM NOW SOMEWHERE THERE ARE VERY HIGH STANDARDS, VERY HIGH EXPECTATIONS TO TAKE CARE OF THE PATIENT FIRST AND NOW! IF YOU DO NOT YOU WILL PAY THE PRICE IN MORE WAYS THAN ONE. I AM GLAD I'M WHERE I'M AT NOW. I WAS NOT WRONG WHERE I WAS BEFORE EXCEPT FOR THE FACT THAT I SHOULD HAVE LEFT EARLIER AND I DIDN'T HAVE THE CONFIDENCE TO DO IT. :nurse:

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