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?
I, too, would NOT contemplate resigning, for the reasons articulated by others. No question that you’re in a tough spot, so leaving would certainly be an attractive option - BUT, resigning carries the real possibility that others would interpret your action as a sign that there really is something to the allegations. Instead, then, go in there everyday with your head held high and be prepared to work. After you’re exonerated, THEN you can knock the dust from your sandals and push on. In the meantime, make THEM fire YOU. Then, once you have a good lawyer, go after them with everything you’ve got. Please, please keep us posted!
I, too, would NOT contemplate resigning, for the reasons articulated by others. No question that you’re in a tough spot, so leaving would certainly be an attractive option - BUT, resigning carries the real possibility that others would interpret your action as a sign that there really is something to the allegations. Instead, then, go in there everyday with your head held high and be prepared to work. After you’re exonerated, THEN you can knock the dust from your sandals and push on. In the meantime, make THEM fire YOU. Then, once you have a good lawyer, go after them with everything you’ve got. Please, please keep us posted!
JWM
It's my per diem job. They put me on administration suspension. I gotcha though. I understand.
Unfortunately I was terminated for a level 2 infraction. I am unavailable to get hired in that one hospital group. Now I'm worried because what the hell do I tell any future employers if the application asks "were you ever suspended or fired and why?" I also know the NJ BON is going to be contacting me and I'm going to need an attorney. Luckily I have NSO.
I am able to dispute this and I will dispute this. Those patients were med seekers and I didn't do that.
Don’t know what a “Level 2 infraction” is, but assume it’s on the serious end of the infraction spectrum...
Yes, given the nature of the complaint and resulting termination, it would almost certainly be reported to the BON - so I would retain counsel IMMEDIATELY.
Since this was a per diem gig, assuming you already have FT employment elsewhere? If so, you may not be required to inform your current employer of your other situation...at least not immediately (but I’d check out NJ’s NPA to see if it’s required). That said, you MAY have to disclose to prospective employers, as well as other state Boards of Nursing, if there is currently a Board investigation - or the subsequent findings of any investigation (even if you’re exonerated).
FWIW: Several years ago, I was named in the fifth - and final - amended malpractice suit filed by a patient who alleged he had been dropped while being transferred from a stretcher to the OR table, causing him to fx his wrist. The premise for the suit itself was utterly bogus, as the dude weighed 300#, had had an interscalene block to the operative shoulder, which was on the same side as the fx’d wrist (thus, couldn’t have used that hand to break his fall), didn’t complain of wrist pain until 6 months post-op AND sustained no other injuries. As for my role in the whole debacle...I had given a 15 minute coffee break to his nurse. INTRAOPERATIVELY. So my name was just on his EMR. As I said, I was named in the 5th amended complaint - the only two who were named in all five were the surgeon and chief resident. The case was dropped, with prejudice, shortly after the last filing. I’ve filled out numerous applications since then, and have occasionally encountered a question asking if I have ever been named in a malpractice suit. That always gives me pause, because even though the case was withdrawn, I HAD been named. So, each time, I’ve answered truthfully - and have had to jump through all the pain-in-the-*** hoops explaining what happened and the ultimate outcome. Having said all that - and I hope this gives you some encouragement - it has never impacted my ability to obtain any position for which I’ve applied.
stay safe, my friend, and please continue to keep us posted, as this sordid mess resolves. We’re pulling ya!
No, he needs to have a valid reason to be in a chart regardless of on or off the clock. Most likely, he will not be assigned this patient for obvious reasons. Not assigned? No reason to access the chart.
A patient in a wheelchair came into my office and asked about my family photos of little girls on my bulletin board. He placed his wheelchair between me and the door and proceeded to masturbate while looking at the photos of the girls. When I tried to push past his wheelchair to leave, he STOOD up to block my egress. The wheelchair was just a ruse, a prop.
I filed a report with my facility police. I was working at a federal agency. They did nothing. So being a good sleuth, I read his medical records from recent years. He was a pedophile who had come to our state without registering as a sex offender.
In our facility in a neighboring state, he had prevented a female physician from leaving by parking his truck diagonally at the parking garage exit. He was also wanted for questioning in another state for intentionally running over a woman.
I was counseled by my facility that I did not have a need to know this patient’s history and that my review of his chart was inappropriate. I would face disciplinary action if accessed the record again.
So, you can certainly get in trouble accessing a patient chart.
Specializes in Psych, Addictions, SOL (Student of Life).
On 5/3/2021 at 3:01 PM, Curious1997 said:
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.
To avoid legal issues with the hospital I suggest using a Background check site such as Beenverified.com. You will get all public record.
To avoid legal issues with the hospital I suggest using a Background check site such as Beenverified.com. You will get all public record.
Hppy
Will it give me anything on my work history? My criminal record is clean. I'm worried this hospital can send every future employer this report made against me and I would look absolutely terrible even with a clean record. Even if I say this was absolutely unfounded. Would any future hospital get this in the future? This looks awful.
Specializes in Nurse Leader specializing in Labor & Delivery.
On 4/28/2021 at 10:04 PM, umbdude said:
I'm sorry to hear.
Do you have your own malpractice insurance? If you do, contact them right away. Malpractice companies usually have attorneys that could point you to the right direction if not more.
It's very common for employers to throw employees under the bus regardless (they're afraid patient will go public and damage the reputation). If you do not have your own insurance policy (which everyone should always have his/her own), I think it would be wise to secure an attorney who is familiar with these kinds of scenarios.
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.
And then get fired for a HIPAA violation? Maybe not the best suggestion.
ORNurseDewd, ADN
8 Posts
I, too, would NOT contemplate resigning, for the reasons articulated by others. No question that you’re in a tough spot, so leaving would certainly be an attractive option - BUT, resigning carries the real possibility that others would interpret your action as a sign that there really is something to the allegations. Instead, then, go in there everyday with your head held high and be prepared to work. After you’re exonerated, THEN you can knock the dust from your sandals and push on. In the meantime, make THEM fire YOU. Then, once you have a good lawyer, go after them with everything you’ve got. Please, please keep us posted!
JWM