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Keysnurse2008 Keysnurse2008 (New Member) New Member

Retaliation for voicing concern over unsafe pratices

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You are reading page 26 of Retaliation for voicing concern over unsafe pratices. If you want to start from the beginning Go to First Page.

WOW!CONGRATULATIONS!!!! I hope my own case has such a good ending.My case against my former employer(a nursing home) is still in the appeals process,over two years later. Still waiting for an ALJudge to write his decision(has been one year since my hearing) before I can even get to an appeals court.Sad hey, that even the judicial system has deadbeats. My lawyers still are gung ho on appealing my case and have asked no monies from me.I will be eternally greatful to them even if I do not prevail in the end for all their hard work and belief in my case.

Nursing homes also use underhanded and illegal retaliation against whistleblowers, much reform is needed, wonder if it will ever happen.But in your case ,WHOOPI, one nurse DID prevail!I am so happy for you!!!

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Congratulations TNNURSE!!! I've been wondering what happened to your case! I knew that you weren't a person to mess around with!

 

You're my hero!

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TNNurse-

I have subcribed to and been following this thread for the nearly two years since this happened to you.

This Thanksgiving, you can be thankful for justice!

I am so happy for you! This is a victory for nurses everywhere, and especially in Texas!:pumpiron::nurse::balloons:

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wow!congratulations!!!! i hope my own case has such a good ending.my case against my former employer(a nursing home) is still in the appeals process,over two years later. still waiting for an aljudge to write his decision(has been one year since my hearing) before i can even get to an appeals court.sad hey, that even the judicial system has deadbeats. my lawyers still are gung ho on appealing my case and have asked no monies from me.i will be eternally greatful to them even if i do not prevail in the end for all their hard work and belief in my case.

nursing homes also use underhanded and illegal retaliation against whistleblowers, much reform is needed, wonder if it will ever happen.but in your case ,whoopi, one nurse did prevail!i am so happy for you!!![/quothi..i have a feeling that things will end up well 4 you.it ..is not easy doing the right thing in situations like this.they try to drag you thru the mud ...but eventually ....it ends ya know.i am very lucky..........alot of people get ruined in situations like mine...and yours. i had a impeccable nsg hx at that hospital and i truly miss alot of the wonderful nurses i worked with.but i dont "miss" the facility.i dont miss working 4 a corporation i no longer respected.

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I meant to send this much sooner, but just wanted to thank you for the update. You gave me "hope" during a difficult time, when my case was still unheard, friends had vacated my life, and when I felt things were looking grim. It's been almost 2 years since I filed my first "concern", and 1.5 years since my termination... the legal system does have it's "flaws", arbitration being one of them... (from what I hear, those laws are changing as well)... but hope to anyone going through the same... it takes TIME... lot's of TiME to see things turn around in your favor! I was sitting across one of the meanest nurses I have come across last week, during HER deposition... and I felt so incredible, as I looked her square in the eyes, as she tried so hard to maintain her composure... during her many attempts to "lie". Regardless, I thought, "Finally! I get to witness good prevail, and I have front row bleacher seats"!

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I meant to send this much sooner, but just wanted to thank you for the update. You gave me "hope" during a difficult time, when my case was still unheard, friends had vacated my life, and when I felt things were looking grim. It's been almost 2 years since I filed my first "concern", and 1.5 years since my termination... the legal system does have it's "flaws", arbitration being one of them... (from what I hear, those laws are changing as well)... but hope to anyone going through the same... it takes TIME... lot's of TiME to see things turn around in your favor! I was sitting across one of the meanest nurses I have come across last week, during HER deposition... and I felt so incredible, as I looked her square in the eyes, as she tried so hard to maintain her composure... during her many attempts to "lie". Regardless, I thought, "Finally! I get to witness good prevail, and I have front row bleacher seats"!

That's great! I bet that was a great feeling!

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I meant to send this much sooner, but just wanted to thank you for the update. You gave me "hope" during a difficult time, when my case was still unheard, friends had vacated my life, and when I felt things were looking grim. It's been almost 2 years since I filed my first "concern", and 1.5 years since my termination... the legal system does have it's "flaws", arbitration being one of them... (from what I hear, those laws are changing as well)... but hope to anyone going through the same... it takes TIME... lot's of TiME to see things turn around in your favor! I was sitting across one of the meanest nurses I have come across last week, during HER deposition... and I felt so incredible, as I looked her square in the eyes, as she tried so hard to maintain her composure... during her many attempts to "lie". Regardless, I thought, "Finally! I get to witness good prevail, and I have front row bleacher seats"!

Hey Whistle1429 ! :w00t:Sounds like your on your way to some justice, good luck to you.

Keep us posted on your case as this is the only way some us get a clue as to what really happens in retaliation complaints.

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The only thing you can do is get a group of nurses who will stand beside you. The hospital can do whatever it wants. Even if you are granted a "peer review" it will likely be peers hand selected by management.

You need to build a case for yourself along side other nurses. ANA code of ethics is actually very strong on the point of reporting unsafe practice.

Tell the nurses "speaking up for patient safety is a crime at ___ hospital" Get just a few nurses and pass flyers to the community. Any action you take together will send a message.

That is the only advice I can offer...good luck!

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The only thing you can do is get a group of nurses who will stand beside you. The hospital can do whatever it wants. Even if you are granted a "peer review" it will likely be peers hand selected by management.

You need to build a case for yourself along side other nurses. ANA code of ethics is actually very strong on the point of reporting unsafe practice.

Tell the nurses "speaking up for patient safety is a crime at ___ hospital" Get just a few nurses and pass flyers to the community. Any action you take together will send a message.

That is the only advice I can offer...good luck!

The biggest obstacle to this is that most nurses are not unionzed, and would be most likely immediately terminated. Nurses have hamstrung themselves for years by not organizing and receiving the protection of a union. When you have no work place protection, you cannot advocate for our patients, regardless of what the Nurse Practice Act, and the ANA Ethics Statement. They will not stick up for you. Period. You are on your own.

I agree that going to the public and stating your case as a patient safety issue, would be the ideal course of action. And in reality, if nurses HAD BEEN UNIONIZED ACROSS THE BOARD, the workplace changes that started to occur in the early 1990's, would never had happened. Nurses would have been free to take the unsafe practices that were occuring to the public and the concominant expected results. By not being unionized, they were helpless and powerless to stop them from occurring.

Even when nurses have had the opportunity to unionize ( I am referring to the nurses in Boston, where the first, "care redesign" changes began to happen, and the nurses rejected a union to represent them). Had they taken more definitive action at the time, the "cancer" of workplace changes of understaffing, deprofessionalizing the nursing profession, and would never had spread out of the Boston area, and spread across the country. I place full blame on these nurses for their inaction in the face of the attack on nurses professional practice, and patient safety.

Lindarn, RN, BSN, CCRN

Spokane, Washington

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i meant to send this much sooner, but just wanted to thank you for the update. you gave me "hope" during a difficult time, when my case was still unheard, friends had vacated my life, and when i felt things were looking grim. it's been almost 2 years since i filed my first "concern", and 1.5 years since my termination... the legal system does have it's "flaws", arbitration being one of them... (from what i hear, those laws are changing as well)... but hope to anyone going through the same... it takes time... lot's of time to see things turn around in your favor! i was sitting across one of the meanest nurses i have come across last week, during her deposition... and i felt so incredible, as i looked her square in the eyes, as she tried so hard to maintain her composure... during her many attempts to "lie". regardless, i thought, "finally! i get to witness good prevail, and i have front row bleacher seats"!

:yeah:my heart goes out to you.it ...is a horrible position to be in. i have a non blurred sense of right/wrong and there are very few if any grey areas when it comes to patient safety. i did prevail legally.i am now left with a good reference at that hospital and got some finicial satisfaction......but i went thru hell 4 it.i have thought about writing a book about it because there are few that have gone thru this traumatic ordeal and written about it so that others could see they werent alone. whistle 1429....i can relate to your satisfaction.......i can only say that the day i sat in a courtroom and watched their attorneys scramble and trip over this unsafe nurses lies...i can only say this was in the top 10 best days of my career.it was like me saying :yeah::yeah::yeah: "you finally understand you cant do this to human beings...patients are people . real live breathing human beings...they are someones mother , father , brother , sister , friend.......they are someone to somebody....and their safety should be your hospitals number one priority ...but it wasnt.

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Thanks for the post...I actually got more from this post than my own.I had asked what would you do if your boss made a big error.A few people got lost in the thread and were responding to me very inappropriately!Anyway,thanks....:nuke:

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since my nursing license is from the board of nurse examiners for the state of texas i'm glad to know our nurse practice act provides protection for whistleblowing. i pulled out my bne nursing practice act book, and i wonder if you've looked at sec. 301.413. retaliatory action, lately?

sec. 301.413. retaliatory action

(a) a person named as a defendant in a civil action or subjected to other retaliatory action as a result of filing a report required, authorized, or reasonably believed to be required or authorized under this subchapter may file a counterclaim in the pending action or prove a cause of action in a subsequent suit to recover defense costs, including reasonable attorney's fees and actual and punitive damages, if the suit or retaliatory action is determined to be frivolous, unreasonable, or taken in bad faith.

(b) a person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who reports, without malice, under this subchapter.

© a person who reports under this subchapter has a cause of action against a person who violates subsection (b), and may recover:

(1) the greater of:
(a) actual damages, including damages for mental anguish even if no other injury is shown; or

 

(b) $1,000;

 

 

(2) exemplary damages;

(3) court costs; and

(4) reasonable attorney's fees.

(d) in addition to the amount recovered under subsection ©, a person whose employment is suspended or terminated in violation of this section is entitled to:

(1) reinstatement in the employee's former position or severance pay in an amount equal to three months of the employee's most recent salary; and

(2) compensation for wages lost during the period of suspension or termination.

(e) a person who brings an action under this section has the burden of proof. it is a rebuttable presumption that the person's employment was suspended or terminated for reporting under this subchapter if:

(1) the person was suspended or terminated within 60 days after the date the report was made; and

(2) the board or a court determines that the report that is the subject of the cause of action was:
(a) authorized or required under section 301.402, 301.403, 301.405, 301.406, 301.407, 301.408, 301.409, or 301.410; and

 

(b) made without malice.

 

 

 

(f) an action under this section may be brought in a district court of the county in which:

(1) the plaintiff resides;

(2) the plaintiff was employed by the defendant; or

(3) the defendant conducts business

double,double thanks for this!!!!!

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