Hello. I am a NP that worked for a private hospitalist group. Due to a family emergency (family member critically ill/possibly death, coded, in ICU), I had to go home (reside in a different state). This was during my work week, I advised my supervisor the minute I was made aware of situation. I offered to make up days when I return. I went to work the next day, took a full patient load, and was given updates via Facetime throughout the day. Spoke with doctor caring for said family member asking for meeting with family to "make a choice to pull off vent". Purchased ticket for next day. I completed all patient notes at work, signed all orders, gave a patient handoff the next day while en route to the hospital straight from airport.
I gave supervisor 48 hour notice about situation, asked if there was anyone to cover me, was told no. Company did not offer PTO or sick leave. Doctor owned practice with very limited staff (only 2 NP's that flip flop work weeks, that's it).
Doctor was not able to find anyone to replace me for the next three days. I gave my resignation via email and went home to deal with situation at hand. Family member was pulled off vent, however, suffered stroke, placed in nursing home, made DNR/hospice.
My contact states to give a 60 day notice. Due to my state of mind at the time (high anxiety surrounding entire situation), I gave notice immediately (was not sure outcome of family member, was told death was a high possibility).
Former employer kept my last paycheck for wages worked, accused me of being unprofessional for quitting without notice (despite they were made very aware of the situation at hand). I read contract, it did not state anything about withholding paycheck for regular hours work if adequate notice was not given, it does state withholding any bonuses if notice was not given (which I did not qualify for).
Also accused me of disrupting business practices because they had to find someone to cover my days (used the same NP that works there) and is threatening to report me for patient abandonment, saying because "I disrupted business practices". This is an in patient hospital setting. I am speaking with my malpractice company to see what my recourse is. Everything I have read regarding this states it's patient abandonment if there was patient harm or injury due to disruption of business practices (which is something they have to prove).
I was not happy with this position and was intending on giving a 60 day notice, but was unsure how I would be treated going forward. I feel this is retaliation for leaving because now the doctor will actually have to show up at the hospital and take patients. This was my first NP job and I was fully taken advantage of due to my lack knowledge (nothing to compare this job to)
What recourse do I have? Is this truly patient abandonment? At this point, I'm not worried about the paycheck they kept, I am more worried about my license.
Thank you in advance.
NPdancer said:Thank you all for the advice.
I have consulted with an attorney, currently awaiting reply.
You are correct in stating I should not have taken this contract. Again, it was my first NP job, I was just excited to be starting my new career and given a chance after so many rejection emails and "wanting experience" emails.
I asked about PTO and sick time during interview and was told although they don't "offer it", they are very flexible when it comes to switching days and providing coverage. Just so happen, they could not do so during this emergency that was completely out of my control. (let me add when someone wants to go on vacation, there's coverage suddenly).
I'm not sure what will happen next, not sure if I will be faced with a lawsuit for breach of contract. I'm just preparing myself for the possible worse.
I hope everything went well for you. If possible, could you update please? This would be great information to have for any future new NPs who might be in the same type of situation.
NPdancer said:Hello. Yes, things are going well. The update was nothing never came of it. I moved on to get another NP position directly with a respectable hospital system this time. My privileges are still good at my previous hospital and I was offered a position to work directly for that hospital on a PRN status. My charts were reviewed by the hospital committee and there was no patient abandonment.
As for my previous employer, I have not heard anything from them. I was told by another provider that the last NP jumped ship due to "questionable business practices". I'm just glad to be away from that practice and to have this all behind me.
This was definitely a lesson learned.
Thank you for the update. Glad you were able to flourish elsewhere!!
Mergirlc said:Thank you for the update. Glad you were able to flourish elsewhere!!
Thank you! I was just informed that my previous employer is under CMS investigation for possible fraud. I am so glad I left when I did (although under unfortunate circumstances).
42346_nurse_
50 Posts
I spoke with BON about this before I did it. And they said unless there was a pt in the building and no one else could see them, it’s not abandonment.
if just call BON on that front.
can always get EE atty about the other. And I would.
some places just suck, or are dangerous.