Patient Abandonment

U.S.A. Florida

Updated:   Published

Patient Abandonment

Can a nurse be threatened with patient abandonment in Florida for quitting before shift starts and before taking report on any patient from the prior shift?.

Specializes in ICU/CCU RN.

Unfortunately that happens. I tried to cancelled an overtime shift the day before and the hospital didn't allowed me to do it saying "I was on the schedule " and could be written up??‍♀️ but I know from other colleagues that, once you clock in the day you are supposed to work, you can't refuse your assignment.

Can an employer threaten you with abandonment for quitting without notice and leaving prior to taking report and assuming care?  Yes, they can and frequently do.  However, in my lay opinion while that might be considered "job abandonment" by your employer it is not patient abandonment as you had not assumed patient care.

Best wishes.

susana942 said:

... but I know from other colleagues that, once you clock in the day you are supposed to work, you can't refuse your assignment.

Again, my lay opinion.  Yes, you can refuse an assignment after clocking in.  If you do, your employer can accuse you of patient abandonment and threaten to report you to the BON.  However, as you have not accepted a patient assignment this is not patient abandonment.

As I wrote above, your employer will most likely consider this job abandonment; an action that could result in termination.

I had not even clocked in this particular shift. I walked into the unit saw the mess left behind and walked right out, it was not even time to clock in yet. 

chare said:

However, as you have not accepted a patient assignment this is not patient abandonment.

As I wrote above, your employer will most likely consider this job abandonment; an action that could result in termination.

This is also a lay opinion but I think this constitutes more of a "employer abandonment" ? Employers, especially hospitals, will frequently threaten this charge to keep people from leaving.  True patient abandonment is to walk off leaving your patients unattended.  I disagree with the person who said calling in sick is abandonment, that is ridiculous. Keep in mind, it is the hospital and manager's job to staff the department, your job is to provide care to the patients you've been assigned.   The hospital is likely saying this to bully you into staying (or to justify either termination or marking you ineligible for rehire). However it likely wouldn't stick with BON or the court.  In these circumstances as you explained them. Again I'm no lawyer or HR manager but that's my understanding. 

Specializes in PICU, NICU, Clinical Nursing Educator.

Yes! If you are on the schedule to work and do not give proper notice or call out per your facilities polices and procedures the facility is counting on you to provide patient care. Patients have been assigned to you weather you took report on them or not. If you were concerned about the assignment or something going on there should be a chain of command that you follow to voice that concern. It is important to remember that we have responsibilities as professionals. 

NurseMentor4fun said:

Yes! If you are on the schedule to work and do not give proper notice or call out per your facilities polices and procedures the facility is counting on you to provide patient care. Patients have been assigned to you weather you took report on them or not. ...

As you didn't quote or respond to a particular post your intent is not clear.  Are you saying this is, or isn't, patient abandonment?

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