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Nurses Call the Governor of Tennessee

Nurses   (15,503 Views 422 Comments)
by Nurse Beth Nurse Beth, MSN (Advice Column) Writer Innovator Expert

Nurse Beth has 30 years experience as a MSN and works as a Nursing Professional Development Specialist.

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You are reading page 25 of Nurses Call the Governor of Tennessee. If you want to start from the beginning Go to First Page.

juan de la cruz has 27 years experience as a MSN, RN, NP and works as a Adult Critical Care Nurse Practitioner.

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Like Horseshoe, I have to peace out. Back again later.

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1 minute ago, juan de la cruz said:

I was going by this statement:

 

Shouldn't they all be prosecuted criminally?

You have misquoted me.  I want to bring your attention to that.  It is not ethical to say that a poster said something that in fact they did not say.

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juan de la cruz has 27 years experience as a MSN, RN, NP and works as a Adult Critical Care Nurse Practitioner.

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Just now, Susie2310 said:

You have misquoted me.  I want to bring your attention to that.  It is not ethical to say that a poster said something that in fact they did not say.

OK, you are not really making yourself clear, that's my impression. I can't carry a discussion with someone who hurls one statement responses like this one that doesn't really make a point.

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29 minutes ago, HomeBound said:

Absolutely agreed 100%. It has to happen.

I was reading up on "nurses who kill"--yes, they are serial killer psychopath types---but the fact still remains that these people were either shuttled off by quietly firing them, or they drift from job to job---and there is suspicion. If everything is "handled from within"---because the BON has absolutely no authority to really penalize someone who has criminality in mind--people died in these cases because of "nursing shorages" or they "don't want to alarm the public about healthcare workers".

Those aren't good reasons. Having the most trustworthy image and perception in the world comes with a responsibility. Transparency and the willingness to accept what society would find "negligent" or "reckless"---particularly in the death of a human, be they elderly or infant---is important.

The minute we believe we are to be "exclusive" and "closeted" ---only judged by other nurses, held only to "our own law"---the situation is ripe for abuse.

I agree.

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42 minutes ago, juan de la cruz said:

Now you're the one twisting my words.

Isn't this what you have said on this thread?   That criminal charges should not be brought against a nurse/that you are not in favor of criminal charges being brought against a nurse (even if the criteria for criminal charges is met).

Edited by Susie2310

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4 hours ago, mtmkjr said:

Not only that, but there's a grieving family to think about. The family has declined to pursue civil charges, and have stated they've forgiven her.  While I think those who want to support her have good intentions, they may be doing it in a way that diminishes the family's loss.

I'm not sure the family didn't pursue civil charges.  In the CMS report the Director for Clinical Risk Management said "I had reached out to the family and they had already obtained an attorney - and the rest is confidential"

That sounds like Vanderbilt settled with the family and had a confidentiality agreement signed.

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4 hours ago, Horseshoe said:

Well, forgiving someone doesn't necessarily mean that they don't want them to be accountable. It wouldn't be the first time that someone said they forgave a caregiver for a mistake, but still went on to file a lawsuit in the interest of holding the forgiven one responsible and effecting change in the facility so that something like this would never happen again.

In many (most?) states, they have 2 years to file a lawsuit.

In Tennessee they have 1 year from the time they learn of the mistake to file the lawsuit.  Minors have 1 year from the time they turn 18.

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Jory has 10 years experience as a MSN, APRN, CNM.

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18 minutes ago, Anonymous865 said:

I'm not sure the family didn't pursue civil charges.  In the CMS report the Director for Clinical Risk Management said "I had reached out to the family and they had already obtained an attorney - and the rest is confidential"

That sounds like Vanderbilt settled with the family and had a confidentiality agreement signed.

No, it's called HIPAA and the general public does not have a right to know what happened other than what CMS or other organizations should deem is justifiable public information.  

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HomeBound has 20 years experience.

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19 minutes ago, Anonymous865 said:

I'm not sure the family didn't pursue civil charges.  In the CMS report the Director for Clinical Risk Management said "I had reached out to the family and they had already obtained an attorney - and the rest is confidential"

That sounds like Vanderbilt settled with the family and had a confidentiality agreement signed.

Bingo.

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HomeBound has 20 years experience.

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10 minutes ago, Jory said:

No, it's called HIPAA and the general public does not have a right to know what happened other than what CMS or other organizations should deem is justifiable public information.  

I think his Anon's point was that the family retained an attorney and the "rest is confidential". If you read the CMS report, there is a portion that is redacted. You have to read it carefully, I almost missed it. When HIPAA is in play, that simply is PMI--the patient's name wasn't used, RV's wasn't used, etc. The report contained detailed information on what was said and done, just not identities.

The fact that the family had already retained an ATTORNEY at the stage of the CMS investigation--speaks volumes.

I've known doctors who were sued for negligence or malpractice or whatever the family's attorney could dream up--and it usually was the death of a patient, but there was no direct causation--i.e. not responding quickly enough to examine a patient in the ER for a PE, and the patient later died.

Hospitals settle with a confidentiality agreement and no admission of guilt. Malpractice insurance takes care of the payout. 

I know this much because I have a close family member that this happened to. (he was the one being sued.)  I also have been involved personally with a large hospital system where they were sued by a co-worker and I was deposed. The co-worker was winning hands down--and the hospital knew it--so they made a deal with her for money and a gag order. She has a nice retirement, but she can't say a word to anyone, and nothing changes at the hospital, because technically, with the confidentiality agreement and no admission of guilt...the incident effectively never happened.

Edited by HomeBound

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Jory has 10 years experience as a MSN, APRN, CNM.

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4 minutes ago, HomeBound said:

I think his Anon's point was that the family retained an attorney and the "rest is confidential". If you read the CMS report, there is a portion that is redacted. You have to read it carefully, I almost missed it. When HIPAA is in play, that simply is PMI--the patient's name wasn't used, RV's wasn't used, etc. The report contained detailed information on what was said and done, just not identities.

The fact that the family had already retained an ATTORNEY at the stage of the CMS investigation--speaks volumes.

Mmmmm....not really.  Every family needs an attorney when something like this happens.  Everyone involved needs one.  No red flags at all, in fact, would be foolish not to have one.

But any details that are not legally required to be publicly released is confidential. HIPAA is not just about releasing the patient's name.  Never has been.  

RV is an employee and technically, they have the right to use her name if they wish.  She has no expectation of privacy as a state licensed healthcare professional. 

Edited by Jory

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HomeBound has 20 years experience.

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1 minute ago, Jory said:

Mmmmm....not really.  Every family needs an attorney when something like this happens.  Everyone involved needs one.  No red flags at all, in fact, would be foolish not to have one.

I guess we will never know, because if there is a confidentiality agreement, the family is effectively silenced from talking of anything they know or feel about the subject.

 

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