patient abandonment

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My previous job threatened patients abandonment on me. I worked my regular day shift being the only nurse and LPN for that matter in the building. Second shift came and no one was able to relieve me. This all took place on a Sunday. I miscarried at 4 months and took no time off (wish I would have). I started cramping bad on Sunday and told the on call nurse I couldn't stay for second shift. She told me she was on her way this was at 1:30pm. Around 430 the pain subsided and I texted if I stay I need tomorrow off due to my DNC. She said I didn't have to she is on her way and that another employee is going to be their at 6 to relieve her. So I figured soon she would be their at 640 i had severe pain. Still no nurse available I went straight to the hospital. Still no nurse now I'm being accused of patient abandonment. I even called the adon no answer. I am a new nurse and scared to lose my license.

Specializes in HH, Peds, Rehab, Clinical.

I'm thinking one had to be available by phone, though, no? I'm so sorry for your loss. But, you did in fact leave without a replacement nurse that accepted assignment from you. I'd certainly be contacting legal representation.

Their isn't a Don they come to the building and never stay
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Specializes in geriatrics.

Seek legal advice for your best course of action. If you left the building without giving report to another nurse who was physically present then abandonment is a possibility. Although you had an emergency, unless another nurse assumed responsibility for the residents, you may be liable.

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Specializes in hospice.

I guess if you had bled to death on the floor they couldn't charge you with abandonment. SMH

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Red Kryptonite said:
I guess if you had bled to death on the floor they couldn't charge you with abandonment. SMH

Sure about that?

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Specializes in School Nursing.

What a mess. If you left with no nurse in the building to take care of the patients, they can file a notice with the BON for abandonment. That doesn't necessarily mean that they will, though. You need to get in there and talk to them ASAP. Your head shouldn't be the only one rolling in this situation. First, there was an on call nurse who said at 1:30 she was on her way, then again at 4:30 she said she was coming, and by 6:40 still wasn't there?? No DON available by phone?? This sounds like a horrible facility that doesn't give a damn about you or the residents. Is there no supervising RN?

I'm sorry you're going through this.

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Specializes in Critical Care, Float Pool Nursing.

Definitely not abandonment. You had to leave for medical reasons and urgently. It was incumbent on the facility to provide coverage for you. Most states have laws protecting you from this crappola.

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Specializes in allergy and asthma, urgent care.

First, I am so sorry for your loss. You were put in a terrible position. As others have said, please seek legal advice. Also, make sure you have documented the events that occurred, with times you called, who you spoke with, what you said, what they said.

Best of luck to you.

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Everything about this situation is awful! I'm so sorry for your loss and that you had to make such a decision.

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Specializes in Inpatient Oncology/Public Health.

I had a 17 week loss and can not imagine being abandoned at work during it and then being threatened with patient abandonment. Heartless and unbelievable.

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Specializes in Acute Care Pediatrics.

This is horrible. :( I am so sorry you are having to deal with this on top of everything else. This is one of the reasons why I feel it is irresponsible to employ only one nurse in ANY situation like that. There should always be two of you, IMO. :( I agree with the posters that say to find some legal help. You don't need the job, there are others - but you definitely don't want patient abandonment on your license.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
conway1 said:
My previous job threatened patients abandonment on me. I worked my regular day shift being the only nurse and LPN for that matter in the building. Second shift came and no one was able to relieve me. This all took place on a Sunday. I miscarried at 4 months and took no time off (wish I would have). I started cramping bad on Sunday and told the on call nurse I couldn't stay for second shift. She told me she was on her way this was at 1:30pm. Around 430 the pain subsided and I texted if I stay I need tomorrow off due to my DNC. She said I didn't have to she is on her way and that another employee is going to be their at 6 to relieve her. So I figured soon she would be their at 640 I had severe pain. Still no nurse available I went straight to the hospital. Still no nurse now I'm being accused of patient abandonment. I even called the adon no answer. I am a new nurse and scared to lose my license.

Hum....these rules vary greatly (for the most part) state by state.

First ....get now....it will not help you this time but all nurses should carry malpractice for crazy things just like this.

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For patient abandonment to occur:
  • The nurse must have first accepted a patient assignment, thus establishing a nurse-patient relationship;
  • The nurse must have severed the nurse-patient relationship without giving reasonable notice to the appropriate person so that arrangements were made for continuation of nursing care;
  • The patient(s) must be in need of immediate professional care or circumstances must exist which would seriously impair the delivery of professional care to patients or clients.

Technically....yes it can be considered abandonment. You accepted responsibility for the care of patients and left without turning that responsibility over to someone of equal or greater experience/license.

Quote
  • The nurse notifies the supervisor or other responsible party of the intent to leave immediately but does so without transferring her or his responsibilities and reporting to another nurse, when the patient(s) is in need of immediate care and when this would seriously impair the delivery of professional care.

However the employer has responsibilities as well to the employee.

Quote
The action of administrators or supervisors who are licensed may lead to charges of unprofessional conduct depending upon their role and the relationship of that role in providing necessary professional services.

Responsibilities of the nurse manager/administrator in patient care include:

  • Assuring that the qualifications and capabilities of personnel are appropriate to patient needs;
  • Accepting a nurse's reasonable notice to terminate the nurse-patient relationship and seeking a qualified replacement; and
  • Addressing known vacancies in a timely manner.

Reasonable notice depends on individual circumstances...this looks to me that you gave reasonable time for arrangements to be made and in fact you were told that someone was enroute....but you left without giving report. Was there an on site supervisor? Was there anyone else on site that has a license?

If your employer decides to pursue this charge remember the BON is NOT your friend. PLease seek legal advice. I believe that since a legitimate medical emergency situation was present the ADON/DON/Supervisor/Call nurse were all responsible for providing coverage in an emergency situation...that they did not provide that can make them responsible.

I am not a lawyer. As per the TOS we can't give legal advice. I would seek the advice of a lawyer to see what your rights are in this instance.

I would also start looking for another position. ANY employer that will not help you when you are ill like that is not someone you want to work for......

I am so sorry for your loss ((HUGS)). Hug yourself and know that this too shall pass. I had 2 miscarriages before I had my children....who are 11 months apart.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
BCgradnurse said:
First, I am so sorry for your loss. You were put in a terrible position. As others have said, please seek legal advice. Also, make sure you have documented the events that occurred, with times you called, who you spoke with, what you said, what they said.

Best of luck to you.

THIS! Write it down NOW while it is still fresh Times dates and to whom you spoke and what they said.

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