Retaliation for voicing concern over unsafe pratices

rnpatrick · May 20, 2006

You are very lucky to be able to pursue legal action. That NM is a menace to the profesional as many NM are. Please report her to the state board if the ruling is in your favor. A precident must be set that incompetent NM are accountable under nurse practice acts and subject to disciplanary action. If she is purgering herself that is enough but you want to get her for work related actions.

oktravelnurse · May 20, 2006

I quit my position in December as I needed to work different hours so I could care for my elderly mother. I thought everything was fine. I called my former manager to inform her what a great job the staff did taking care of my mother and stated I would be ready to return the the workforce. I was informed I was at a no rehire status w/ the hospital because I left early one night after my mother had fallen. They said I refused to take a pull. The manager said it involved a supr so she would have to check into the matter. I called her back after a week and was told there was nothing she could do because it involved a supr. Then my mgr started bringing up things I had never been counseled for. I asked why these matters were not on my review. I rec'd a great review. I was a travel nurse and every year worked for this hospital for a few months. This last time I worked she contacted me while I was in Calif. This mgr had a charge nurse that was working many hours and slept on the job. The mgr was told about this and ignored it. When family members started complaining I told the house supr. I am convinced this is why I'm at a no rehire status. I told the mgr this and she denied knowing about my turning her in. (Lie) There were 2 other incidents during this past year I refused to do something because of safety issues. Nothing was said to me at the time. This mgr was blaming everthing on the supr when in reality it was her decision. She told me I could check w/ HR and see if they would hire me back but she would not hire me to work on her floor. Finally the mgr said she had to go because this was upsetting her too much. I could not file a grievance because I no longer worked there. I talked to HR and they said just because I was at a no rehire status w/ this mgr that did not mean it was like that for the other areas in the hospital. I had to get off the phone so I didn't pursue it further. I will be calling HR Monday to see exactly what my status is. Since I cannot file a grievance, I do plan to make an appt. w/ administration and advise them that this mgr knew about this charge nurse sleeping, ignored it and when it was brought to her attn again she continued to ignore it. The charge nurse has since gone to another area of the hospital. We are pt advocates and what you are describing is just wrong. Please pursue this w/ your attorney. I just hate to see people in power abuse their position. Good luck to you!

Keysnurse2008 · May 20, 2006

thanks....i have unfortunately been forced into legal action ...bc this hcf has not tried to remedy this.i really felt kinda betrayed by them...i gave them years of being an unblemished high performing icu rn staff nurse...then after receiving yet another email telling me "thanks" for the great job/example you set.....i complain about an unsafe rn that is endangering patients......and i get terminated.that unsafe practitioner took blank vital sign sheets that i had made as a teaching tool for new employees that i was working on...out of my workbag folder......and "according to the unit manager on audiotape she admits she knew that her friend (aka unsafe rn) actually removed those sheets in my absence and then stamped patient identifiers on it...like the mr # etc ....and then in my absence stuck them in the patients chart......and called for a house supervisor to come up and verify.....that they were in the same damn chart she ....had.....just stuck them in?" they then didnt say jack to me for the shift.....left that "alledged" vital sign sheet in a permanent chart record...and had the next shift use the vital sign sheet.....i didnt know anything until i walked in to my termination meeting hours later.it was done so slick i didnt even know what hit me. then....in my "termination interview" the nurse manager cant decide which date she wants to say this occurred on.she verbally states (on my hidden audiotape) that it occurred on a thursday,...but yet documented on my termination statement given to me it alledgedly occurred on a monday.so.....she has left that hcfs atty in the position of having to say "well judge she was lying when she wrote on the termination statement it alledgedly occurred on monday....but please believe what she says....that it alledgedly occurred on a thursday".then on tape i have provided to that hcf a copy of that exit interview where that nm states that the unsafe nurse manually placed pt identifying info on the otherwise blank sheets.also...i have examples of nurses that actually did falsify stuff in a patients mr and they didnt do anything to them....and they had "flawed" work hx (write ups in the past)...where my file is filled with promotion after promotion( raise after raise) email after email with "thanks..what a great leader you are etc etc".still...i just want that hcf to do what is right.bc ...what they allowed to happen to me.....wasnt just unethical and unsafe.....it was very much illegal.so...now....there will be court documents that will contain a legal record for the next nurse too that this happens to at that hcf...that they knew this nm"s integrity was nill and that she was a liar,deceitful and just would do about anything legal or illegal to manipulate events to her desired outcome."that" is what will be available for public viewing...bc.....i have probably 30 copies of that audiotape now. i will pass them out like they are candy at halloween bc the public places a great deal of faith/trust in their hc providers...and what this nm did.....to disregard pt safety issues......and attempt to silence me by terminating me.....is illegal and a straightforward example of violation of that patient and their families trust.it is wrong...in so many ways.......and my family and i have paid dearly finicially for that nm's illegal actions. more and more nurses are making hcfs answer in court when they try these illegal tactics....and i am sadly yet another one.everyone needs to remember ....every patient lying in that bed....is someone's mother , brother, father, sister, child, friend.....they are someone to "somebody"...and we have a legally defined obligation to attempt to ensure their safety.

gauge14iv, MSN, APRN, NP · May 20, 2006

That NM and her co-hort would have already been reported to the board for falsifying patient information if it were ME in this situation.

Keysnurse2008 · Aug 15, 2006

Just giving an update on my case:

1. I received some of the healthcare facilities "alleged" proof that I allegedly documented vital signs early.....would you like to know what it looked like?

It was a blackened sheet of paper with no visible writing on it.

2.Their investigators even said it had no visible writing on the form.

3.I was fired only hours after complaining about the unsafe practices of a coworker (nurse manager s best friend)in a large ICU that resulted in what I'd call a sentinel event...in a effort to silence me they tried to "find" a reason to fire me.

4.The only document they did provide me with that actually had some of my writing on it that is "not" showing any s/s of precharting...has even been tampered with...someone has made very poor elaborate attempts to change my writing in a ink that is not the same as what I'd charted in all day...on the day in question.

5.The coworker has tried to make coworkers lie and say they saw an original that had my writing on it showing I precharted something.....and everyone is saying "no way...we never saw what you are describing"...not backing the unsafe coworker.

6.When my attorney requested a copy of the alleged peice of paper that supposedly showed predocumentation ....so that we could have the handwriting analyzed.....it became "mysteriously missing".

7.I have been put thru hell bc of my strong ethical belief that patient's in the ICU where I work.....should always have safe, competent , skilled nsg care.And now.....they "mysteriously loose" the very peice of paper that was so grand that it allegedly cost me my job...my family their insurance and benefits.that is wrong!!!!

8.The only shred of paper they have(the hospital)with visible writing on it.....regarding the alleged date in question that I was fired over.....shows only the unsafe coworkers handwriting as she/he..... at 5 am ....preforward documented the patient's weight 2 hours ahead of time. It in no way has my writing on it.

9. Mt atty is still trying to give the healthcare facilities atty a chance to make this very "wrong" thing right again......the atty seemed absolutely shocked the other day at what we showed them.This act by that unsafe coworker didnt represent the "core" of what that hospital was about. Most nusrses there are good, honest, skilled.....not underhanded and devious and downright dangerous like this one was.

10. In the months since I complained about this nurse not being healthy enough to work....he / she....has had a massive cva.Ended up in the same icu where we worked together at. Maybe they will listen next time.

11. This will be a good case for everyone to hear about...my end leagal results I mean.....bc....I am in hopes it will show that the trend is continuing to be "for" nurses who actively promote patient safety.

12...wish me luck.....bc ......I just want them to do what's "right" ya know.......thats all I ever wanted.

6.

pickledpepperRN · Aug 15, 2006

Thank you for updating us.

I think you will prevail.

You are in my prayers.

fotografe · Aug 16, 2006

Never mind. I read the entire thread and realized it was dealt with. Good luck with this!

gauge14iv, MSN, APRN, NP · Aug 16, 2006

Id say she needs to take the advice of her attorney on that - not ours :)

leslie :-D · Aug 16, 2006

tnn-

i too, was wrongfully terminated after reporting pt concerns to the facility's governing agcy.

i had worked there full time x 7 yrs w/o incident.

i was devastated for such a long time; and outraged as well.

i still don't know if i would do the same thing again, even knowing i was protecting my pt population.

i retained an atty who took my case on contingency-only a sm retainer was required.

i had that much evidence of retaliation.

just wanted to let you know that i just found this thread tonight and i fully understand your frustration.

wishing you all good things.

with peace,

leslie

GLORIAmunchkin72 · Aug 16, 2006

Regardless of how this turns out I would like to say that you are a very brave and honorable woman.

Just giving an update on my case:
1. I received some of the healthcare facilities "alleged" proof that I allegedly documented vital signs early.....would you like to know what it looked like?
It was a blackened sheet of paper with no visible writing on it.
2.Their investigators even said it had no visible writing on the form.
3.I was fired only hours after complaining about the unsafe practices of a coworker (nurse manager s best friend)in a large ICU that resulted in what I'd call a sentinel event...in a effort to silence me they tried to "find" a reason to fire me.
4.The only document they did provide me with that actually had some of my writing on it that is "not" showing any s/s of precharting...has even been tampered with...someone has made very poor elaborate attempts to change my writing in a ink that is not the same as what I'd charted in all day...on the day in question.
5.The coworker has tried to make coworkers lie and say they saw an original that had my writing on it showing I precharted something.....and everyone is saying "no way...we never saw what you are describing"...not backing the unsafe coworker.
6.When my attorney requested a copy of the alleged peice of paper that supposedly showed predocumentation ....so that we could have the handwriting analyzed.....it became "mysteriously missing".
7.I have been put thru hell bc of my strong ethical belief that patient's in the ICU where I work.....should always have safe, competent , skilled nsg care.And now.....they "mysteriously loose" the very peice of paper that was so grand that it allegedly cost me my job...my family their insurance and benefits.that is wrong!!!!
8.The only shred of paper they have(the hospital)with visible writing on it.....regarding the alleged date in question that I was fired over.....shows only the unsafe coworkers handwriting as she/he..... at 5 am ....preforward documented the patient's weight 2 hours ahead of time. It in no way has my writing on it.
9. Mt atty is still trying to give the healthcare facilities atty a chance to make this very "wrong" thing right again......the atty seemed absolutely shocked the other day at what we showed them.This act by that unsafe coworker didnt represent the "core" of what that hospital was about. Most nusrses there are good, honest, skilled.....not underhanded and devious and downright dangerous like this one was.
10. In the months since I complained about this nurse not being healthy enough to work....he / she....has had a massive cva.Ended up in the same icu where we worked together at. Maybe they will listen next time.
11. This will be a good case for everyone to hear about...my end leagal results I mean.....bc....I am in hopes it will show that the trend is continuing to be "for" nurses who actively promote patient safety.
12...wish me luck.....bc ......I just want them to do what's "right" ya know.......thats all I ever wanted.
6.

HM2VikingRN, RN · Aug 16, 2006

If your state is a hire/fire at will, then you probably don't have much action, see if they will allow you to transfer is that a possiblity? Talk to a lawyer. I have been thur something similiar, the new nurse manager just didn't like me, she micro managed and well I didn't do well with that kind of managing. When I went through our grievance it was a joke I was told that there was nothing I could do and that sometimes they just want to get rid of someone, I was offered a transfer, so I went to our sister hospital which i had previously worked at, it was the best thing I ever did. I hope everthing works out, this can be really hard.

I went through a similar thing (with micromanagement.) Unfortunately, some managers will just decide to nitpick someone they "don't like" or "feel threatened by" until the staff leaves. Your reporting her friend probably triggered the "she made me look bad response." I would put in for transfer once you get cleared and reinstated. Rooting for you in a tough time!

Keysnurse2008 · Aug 16, 2006

Thanks Viking....

What has happened to me was horrible and very illegal. The emotional and spiritual turmoil....is horrific. To be accused of something so "unrealistic" for how you practice as a nurse.....and have to defend yourself....it is devastating. And now it is finally coming out in the open....they are having to admit to my atty that...... the "alleged" proof that they initially were saying they had.....was a lie too. Having to admit that they have nothing....but a black peice of paper....and another one that has been prominently altered with ...that unsafe coworkers very very clear writing on the front page. On one sheet that just looks bizarre......someone attempted to "alter" my writing and "change numbers" to make it appear that the patient wasn't getting unstable .The attempts at altering my very distinct handwriting was very.....childlike.An example would be Like ....they tried to change my 02 sats of 78 into a 98 by altering the 7. It was visually alarming to see it. The 7 was gone over and over retraced in different ink...to try and form it into a 9.Very easy to see that someone attempted to "alter" the thing.My writing is very "thin/lightly written" ...the attempts to alter this other document are done in like kindergartner style....heavy and bold and retraced and retraced and retraced. When you see something like that...it scares you.....it scared me. But ya know...those families that placed that trust in us...when they entered those ED doors......they are scared too. We need to be placed in a situation where we dont have to choose between our jobs or our ethics.

So ...I do want some good to come out of this.

Unfortunately some hcf'S DONT care about pt safety ( till they or their loved one is a patient).But ...alot....of these hospitals......are being legally sanctioned for condoning acts like the one committed by my old nurse manager and her unsafe cohort friend. The courts are realizing that if they dont provide the safety of allowing employees to report events like I did then....they can't provide the field for patients to receive safe care. When pts show up at our doors...they...and their families are so vulnerable and they need to be protected. Safe care shouldnt be the "lucky" draw...like the lotto.....it should be guaranteed for every patient that enters that ED door.And courts and leveling the playing field with big name hospitals who attempt to engage in that type of unethical behavoir.Employment at will...is still around...but that little law doesnt cover certain things. I have recently learned its ...Like ....if you are reporting a event that can result in harm to the public.....and you are fired for reporting that event...then it is very very much illegal and the employment at will doctrine doesnt apply at all. It is illegal for them to attempt to silence you for trying to do the right thing.before all this....happened to me.....I didnt know anything about retaliatory discharge. I didnt know what the terms like tort, temporal proximity and all that other legal jargon meant. I didnt know anything except...except....that my nurse practice act mandated and stated clearly to speak up ..and I did what my conscious guided me to do. I chose pt safety.....and .....I dont regret it. :yeahthat: