I was working my shift. I got a call from HR and they told me they needed to talk to me in person. I went and the HR rep told me the patient in the psych unit I work in filed a complaint that I groped her breast. I never did that. I told HR that during my shift she kept talking to a few of the nurses about her issues and would start to cry. I was rounding at night and I saw her crying and walked into her room asked her if she needed anything to calm herself down. She starts telling me everything about her issues. I talked to her for a bit and then left. I received a call from HR stating they needed to talk to me in person. I told her my side as she wanted and asked if I needed to get an attorney or if I was going to be fired. She said she didn't know but that she would keep me posted. That is totally unfair I think now I'm worried what can come of this. The hospital doesn't have a union either.
I'm freaking out because I'm thinking of the worst things that can happen. Would anybody get an attorney? Should I start looking for one? I'm freaking out and was hoping I'm not the only one who went through this. What are some of the most serious complaints you've had against you?
Everything everyone says, except if you still are working there and have access to her files, you need to check if she has a history of previous sexual accusations or any accusations. Keep your gob shut about this. Make a note of previous admissions to other institutions and dates. This could be useful if a civil case developed. Those records can be subpoenaed. And you can sue the hospital if things go awry.
I hope your hospital doesn't have an arbitration clause, in which case you will need a good lawyer because the hospital owns the arbitrator.
Very likely depends on how it turns out, you will probably find your colleagues are going to be cool towards you and the relationships changed. It's irrepairable! You may even consider moving on.
You might have to do a 'Shaggy' Wasn't Me?. Sorry, couldn't resist it. Hope it gave you a laugh.
I would keep away from any medical records you shouldn't be looking in. Primarily, there's HIPAA but also because you'll prob be restricted from her care. A lawyer will know to subpoena hosp charts anyway. But poking into records where you shouldn't be will yield you troubles galore!
I would keep away from any medical records you shouldn't be looking in. Primarily, there's HIPAA but also because you'll prob be restricted from her care. A lawyer will know to subpoena hosp charts anyway. But poking into records where you shouldn't be will yield you troubles galore!
Hence the keep his mouth shut. And only if he's legally able to access her records. You can't be faulted for research re an accusation. He has to be clever here and smart. If she's actually accused anyone before, he's not totally in the clear but he can insist on good recommendations from them re future jobs if not damages. He has to think that if things get complicated that his insurance company will settle, but his premiums are going to skyrocket in the future. There are many considerations he needs to consider.
It's the main reason why I don't work female adolescents. They have serious transference issues. And I would absolutely never be caught dead, alone with a female patient.
Don't ever just rely on someone else because if it gets to the lawyer stage, then it's serious trouble. Information is the main resource he has here. I don't believe in union lawyers because I actually think that their best interests are to the hospital and the union, not the members.
Specializes in Pediatrics, Pediatric Float, PICU, NICU.
1 hour ago, amoLucia said:
I would keep away from any medical records you shouldn't be looking in. Primarily, there's HIPAA but also because you'll prob be restricted from her care. A lawyer will know to subpoena hosp charts anyway. But poking into records where you shouldn't be will yield you troubles galore!
I definitely second this. If he isn’t taking care of the patient that day, he has no reason to be in her chart and if this goes beyond a routine internal investigation then I can guarantee they’ll be checking to see who accessed the charts.
I definitely second this. If he isn’t taking care of the patient that day, he has no reason to be in her chart and if this goes beyond a routine internal investigation then I can guarantee they’ll be checking to see who accessed the charts.
And I "third" it. Stay out of the chart unless she's under your care at that exact moment and you're looking at what you need to know to care for her at that exact moment.
It doesn't matter if you keep your mouth shut. Monitoring is sophisticated, and you are a model nurse and citizen who always behaves in the most proper manner possible.
And I "third" it. Stay out of the chart unless she's under your care at that exact moment and you're looking at what you need to know to care for her at that exact moment.
It doesn't matter if you keep your mouth shut. Monitoring is sophisticated, and you are a model nurse and citizen who always behaves in the most proper manner possible.
I actually thought that is exactly what I advised. 'Legally able to access her records' implies 'legally'
Specializes in Pediatrics, Pediatric Float, PICU, NICU.
7 hours ago, Curious1997 said:
I actually thought that is exactly what I advised. 'Legally able to access her records' implies 'legally'
Your original comment didn’t mention legality, you said “except If you still are working there and have access to her files, you need to check if she has a history of previous sexual accusations or any accusations. Keep your gob shut about this.” That’s what most of us were responding to.
There is no instance where what you advised him to do would be legal. Tempting, yes ...but not legal. ?
Really? A psych patient likely borderline accuses him and the management will take the patient's side because of protocol and CYA and if he's perusing her notes he shouldn't seek to defend himself by checking if she has a history of such complaints?
You ever worked psych?
Myself, I will not work female adolescents because of this issue and I will not be alone with any female patients for a sec because I have seen a Dr that was accused and what happened.
If he waits until her records are subpoenaed he's done for. The nurses and staff members knew that Dr who was accused but just couldn't help themselves with the gossip and vicious barbs. It ends with his reputation tarnished and his circle destroyed from his family to friends.
In every single instance in normal life when someone accuses you of something, you have the right to defend yourself.
In all likelihood, it's already too late for him on that unit anyway. There will always be a vicious old crone who loves misery that will always stir the pot for him.
Specializes in Pediatrics, Pediatric Float, PICU, NICU.
22 minutes ago, Curious1997 said:
Really? A psych patient likely borderline accuses him and the management will take the patient's side because of protocol and CYA and if he's perusing her notes he shouldn't seek to defend himself by checking if she has a history of such complaints?
Per HIPAA if he doesn't have a reason related to patient care that day to be "perusing her notes" then no, he legally can't do that.
It is an unfortunate situation for sure, but if this facility has any decency then they'll investigate this claim (as they should) and realize that it is senseless and baseless and move on without any damage done to the nurse.
Really? A psych patient likely borderline accuses him and the management will take the patient's side because of protocol and CYA and if he's perusing her notes he shouldn't seek to defend himself by checking if she has a history of such complaints?
You ever worked psych?
Myself, I will not work female adolescents because of this issue and I will not be alone with any female patients for a sec because I have seen a Dr that was accused and what happened.
If he waits until her records are subpoenaed he's done for. The nurses and staff members knew that Dr who was accused but just couldn't help themselves with the gossip and vicious barbs. It ends with his reputation tarnished and his circle destroyed from his family to friends.
In every single instance in normal life when someone accuses you of something, you have the right to defend yourself.
In all likelihood, it's already too late for him on that unit anyway. There will always be a vicious old crone who loves misery that will always stir the pot for him.
I work psych right now. In this case, "defending himself" in the manner suggested will only make things worse. He needs to come across as someone who strictly follows protocols, not someone who bends the rules when it suits him.
It's not been my experience that management automatically believes the patient. It's actually in the facility's best interest if the nurse they hired is not guilty of inappropriate behavior.
Anyway, I understand your frustration on the OP's behalf. I know that false accusations of this nature have ruined people's lives ...but that's not always the case, and hopefully it won't be the case in this situation.
B52, BSN, MSN, RN
238 Posts
My advice, do not sign anything that would give up your right to sue.