Lyla

Thanks for the advice all of you shared with me. As it turned out, almost everyone agreed it was a very gray area. My DON told the facility administrator and corporate that she would have done the same thing I did under the circumstances. The incident was going to be dropped until someone from corporate decided to make an example of this, so I decided to resign today. I'm going to take a month off before looking for work because I need to regroup, and try to find a nursing field where you can do what is in the best interest of the patient, without the pressure of so many California laws to keep up on. Thanks again everyone.

I had a very strange situation happen last week that may cost me my job, and I really need some advice. I work at a SNF as an LVN med nurse. I was given a report that a res. was a brittle diabetic, that FBS were erratic and high, and that the Noc. nurse had notified MD, but received no response. I did the AM finger stick: FBS was at 405. I also had to verbally redirect res. while I administered the insulin. MD notified, but no orders at this time. When I saw res. an hour later to give PO meds, res. was agitated as evidenced by the grabbing and twisting of my hand, the throwing of meds at me, and him stating that we were “poisoning” him and to “get out!” As a result, I let him calm down and checked back on him 15 min. later; he was asleep. Right before lunch I was ordered to do another fingerstick. Res. was awake and I explained to him what I was doing. Res. swung at me. I blocked his hand and he then grabbed my hand and squeezed it very hard. In fact, I had a hard time getting him to let go of my hand. Again, I tried to verbally redirect and calm him. I then asked for help, as res. started yelling “Help me! Help me!” I had an aide place an open palm on the resident’s forearm so I could do the fingerstick. It registered high, indicating that I needed to administer the insulin in the abdomen. Another aide placed his open palm on resident’s leg which prevented the res. from jerking his leg into the needle and causing harm to res. or staff. Other staff members saw me do the fingerstick and give insulin. They witnessed that no excessive force was used. I immediately notified the MD about res. combativeness and an order was received for Haldol. I needed the chart to note Haldol order and phone number to call resident’s wife. So, I went to DON office to find the chart. I was asked by another nurse what the res.. was yelling about. I explained that the res. was combative while getting the fingerstick and insulin and that he had to be held. She then advised me that according to the passage of a recent law, this could be considered abuse. A person from corporate was present also and overheard this nurse say the word abuse, and I was suspended while the investigation is being done. It was not the act, but the apparent poor choice of words – when saying I needed an aide to “hold” him while I administered the insulin – that started this investigation. My aide didn’t “man handle” nor “pin” him down. We were trying to keep him safe while administering the care he needed. I found out from a nurse practicing in acute care that they are instructed on the proper holding techniques that are not considered abusive when giving pt the care they need. This nurse told me it sounded like I used proper holding techniques with this patient. I also talked to a nursing instructor from American River College She didn’t know about the law that holding a res in this manner can be considered abusive. What I did is a common practice done by many staff members at this facility to protect the patient and staff, and nothing has ever been said about it being improper. Since I have been at this facility for the past four+ years, there has been NO inservices given about this law or education about holding techniques. The only instruction I received about abuse was an outdated film showing situations of obvious abuse. I was not educated on the passing of this law during my tenure at this facility, and no instruction was given about proper holding techniques – in order to keep both res. and staff safe while still administering necessary care. There are 4 witnesses that saw the incident that have said that no abuse was involved, but the corporate person seems determined to make an example of someone. My question is, Do any of you know any legal issues I can use to help me? If I do get fired this seems an obvious example of wrongfull termination. I know this situation is causing a potential mass exodus of other staff because they feel it can happen to any of them now. The facility is now scrambling to get inservice dione on this subject. Thanks for any information you care to share.

Thank you for your reply Suzannne. Since it's been more than 7 years, is there any way around having to take all the prequisites again and go to RN school directly?

Hi everyone. I am an LVN currently working in a convalescent hospital. 15 years ago I was 2 weeks from graduating from my RN program when a prolonged family illness forced me to drop out. I have heard there is a law that says if you came that close to completing an RN program, you may be able to challenge the boards. Does anyone know anything about this or if there is a time limit on it? If not, can anyone refer me to the appropriate place to find out any answers? Thanks you.