Nurse Beaten by Patient Denied Request for Unpaid Time Off and Fired

Imagine being beaten on the job, needing multiple surgeries, and then being told that you can't have more time off and ultimately being terminated. This isn't just an example scenario for Tina Suckow, an Iowa nurse. Nurses Headlines News

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In 2018, TIna Suckow, a 49-year old nurse, was brutally beaten by a patient at a state mental facility in Iowa. Suckow had been employed there for over 4 years when the incident occurred. A "code red" alert was issued, and multiple staff members responded, one of whom was Suckow.

A patient, who is said to have been in a manic episode, was throwing furniture and threatening physical violence. Staff members brought in a "turtle shield,” an assault-protection device the facility had recently purchased, but not yet trained staff to use. Shortly after this device was brought out, Suckow became trapped between the shield and the patient. She was then beaten unconscious and hospitalized with injuries to her shoulder, knee, and head. She has undergone several surgeries and continues to need medical treatment today.

During the incident, officials at the facility didn't call law enforcement to investigate the situation, which has left Suckow feeling like a target. "I'm not the criminal here,” said Suckow, "I didn't do anything wrong.” The Nursing Director at the facility, Georgeanne Cassidy-Westcott sent an email two days after the incident informing staff about the opportunity to use the "turtle shield" and stated that while they had not trained on the use of the device, it was "fairly effective" when used in this situation.

Suckow contends that during her time off, she was not treated fairly. She reports that other staff who were off for medical reasons were allowed to send in paperwork electronically. However, Suckow was required to make a two-hour round-trip drive to deliver her paperwork in person.

After her federally mandated time-off ended, Suckow made two requests. First, she requested catastrophic leave, which would allow other employees to donate sick time so that Suckow could extend her time on payroll. This was denied. Her second request was for time off without pay. However, the state rejected this request as well and is protected to do so under a 2017 state law that limits government employee unions to negotiate on the employees' behalf for anything except pay.

According to a ucomm blog article, the union reports that terminations and forced resignations have tripled since the 2017 law went into effect. Some people in Iowa believe this number is low because it doesn't account for state workers who have been forced to resign and others who like Suckow, have been injured on the job. In fact, Suckow's state employment record doesn't even list her as being terminated.

Another result of this legislation is that hospitals are now struggling more with being understaffed, which places patients and workers at risk of more safety concerns. Danny Homan, president of the American Federation of State, County, and Municipal Employees Iowa Council 16 told the Des Moines Register, "Any reasonable human being should have concern because if it's OK for the state of Iowa to treat workers this way, then Casey's can do it, Ruan can do it, any employers in the state of Iowa can do it.”

Even in light of this horrific situation that Suckow has endured, lawmakers still support the 2017 law. State Rep Steven Holt, helped to get the bill passed. He believes the changes have created a fairer balance between workers' rights and government operations. He told the Des Moines Register, "There are plenty of horror stories to go around in the old system as well.” Holt also believes that a connection between unfair treatment by managers can't be tied to the law.

Should lawmakers and citizens of Iowa accept the 2017 law because it's not "worse" than the previous law? Or, should the union and the employee have more rights in this situation?

Specializes in Orthopedics, Med-Surg.

Why don't you quit?

On ‎6‎/‎5‎/‎2019 at 6:28 PM, HaleH said:

Never work anywhere where your fellow staff and management doesn't have your back.

Best advice.

7 hours ago, JayHanig said:

Why don't you quit?

Iowa has one of the lowest unemployment rates. Also, we are very rural, so depending on where she is employed finding another job may be difficult.

I was physically assaulted by a pt in a LTC facility in Texas. I was not as severely injured as this nurse but was injured. It was night shift, one nurse, one CNA. 35 patients. I did call the police. The pt, in fact, tried to attack while they were there. This was not a personality conflict but a patient who had attacked other employees as well with no injury. The police did nothing. I called the administrator when it happened. Needless to say I no longer work there. Patients rights are protected but as a nurse for many years in Texas I can promise you we have none.

Very few of the companies carry workman’s comp. They carry their “own insurance”. The insurance company isn’t paid to look out for the welfare of injured workers. The company pays them to look out for the company.

Specializes in Work Comp CM 3 yrs & Cardiac PCU 27 yrs.

This is HORRIBLE. Hope this Nurse hot a good lawyer! worth every penny, and deserves to be taken care of. Hospitals carry insurance and make Millions... need to be accountable for taking care of their own!! Best wishes

Get a lawyer and sue!!!!

Specializes in Psychiatry.

Workers compensation rights aside, this nurse has a clear case of negligence against the hospital and this is the bigger fish to fry.

The hospital administration implemented this new equipment without formally training the staff. The administration sent an e-mail detailing the efficacy of the equipment but ADMITTING that the staff did not have training.

I do not have the full e-mail, but if the hospital did not explicitly state "DO NOT USE THIS EQUIPMENT UNLESS YOU HAVE RECEIVED TRAINING" and/or failed to make training available, the hospital is grossly negligent in this case. The hospital's risk management department must have done their math, clearly they felt that this nurse was more of a liability to keep than to just fire, because I am sure they realize that they are going to have to pay her out a settlement if and when she sues. They likely are anticipating a lawsuit but hoping that she does not sue and at the first moment she does sue, they will throw a settlement (likely half of what she would be entitled to should she go through a court case) and hope she settles out of convenience and desperation for an income of some sort, seeing as she is too injured to work and thus will not have the financial means to drag out a long court battle.

Specializes in ER OR LTC Code Blue Trauma Dog.

It's been my experience that many employers will terminate employees for not following "company policies" which believe it or not, also includes not correctly filing any time off injury paperwork or returning to work according to specifically written procedures.

Additionally, many employers think if the employee missed worked for 3 or more consecutive days, and since they don't have an active claim on file anymore, the employer terminates them on the basis of not coming back to work after their claim period has expired.

In this case, it appears the request for additional time off was denied and the termination was issued to the employee most likely as a matter of the employer following the written procedures of a "company policy."

Employers typically don't make exceptions to their company policies because then it looks like they are favoring one employee over another, which from risk management perspective, causes lawsuits for them.

They have to fire everyone equally according to their written policies if that makes sense.

Now I don't agree with any of it and it's certainly a horrifying situation, but I am simply pointing out the working mechanics how many employers work to legally cover their own gluteus in these situations.

On 6/5/2019 at 6:28 PM, HaleH said:

I was injured by an inmate as a CO before I quit after receiving workers comp for nearly 2 months. She failed to consult an attorney, obviously. If she had, she would have been aware she could take as much time as needed without losing her job. If she was still having surgeries, she wasn't ready to be off worker's comp. This is something she needs to hire an attorney for. Yes, I was highly pressured to return to work but I stood my ground, when I did return, I was on very light duty in the control center of the juvenile prison for another 1.5 months. I was attacked by an inmate from the side while on a pod alone. 2 other inmates attempted to join. It was nothing I was trained to handle while in jailers training. I called a 10-1 emergency, but it took 45 seconds for other staff to arrive, which is forever in a situation like this. I already knew I was going to quit the job so I really ensured every single medical issue that would arise would be paid for by the county I worked in. Once I quit, I then won unemployment for 5 months, because I wrote every incident down that occurred that led me to constructively resign. I know there are details of her case not explained here because she is now using the media to fight back. If there were incidents she endured prior to her attack, she should have quit immediately after recording all incidents. Never work anywhere where your fellow staff and management doesn't have your back.

Wow, 45 seconds would seem like forever in that situation. I work in a jail as medical, not custody. The county has the COs stretched so thin I am surprised this does not happen more often. Frequently we ask if inmates who placed a nurse sick call can be seen and unable to as only one CO in a pod when there should be two.

On 6/15/2019 at 10:22 AM, caliotter3 said:

Best advice.

True.

Specializes in school nurse.
On 6/15/2019 at 8:51 PM, Msn1971 said:

Iowa has one of the lowest unemployment rates. Also, we are very rural, so depending on where she is employed finding another job may be difficult.

I don't understand- low unemployment rates means that the job market is strong and it's easier to find a job...