Should I report an LPN to the state?

Trauma Columnist · Feb 26, 2006

Hi Mickey - I'm confused...has this LPN been reported to the DCFS folks (or your state's equivalent)? If so, punishment and investigation should be forthcoming. This is posted in correctional nursing - so is this incident in the DOC? If so, is there an ombudsman program there?

Nurse Ratched, RN · Feb 26, 2006

I'm reading that the nurse had a prior confirmed complaint, continues to practice, and continues to exhibit unprofessional and neglectful behavior towards minors charged to her care, which she has not yet been called on. If that's so, what would stop you from reporting this hazardous nurse?

MickeymomRN · Feb 26, 2006

More info on this situation......

I was hired into the agency to replace this LPN who was DON for a few years. I am an RN which the state requires as DON. Upon my first day of being oriented to the sites and the agency, I was given a copy of a report by DJJ and DCF who investigated an incident reported by a child and it was ruled "medical neglect". When I confronted the agency's owner and the program director with our Nurse Practice Act along with an executive summary of other issues that I had observed, I was told that I "misread" the report and that it was not ruled against the agency. During the following week, I came in contact with a DCF worker (investigating another incident) who I confided the report to and I asked her if she could interpret the report's findings to me. She confirmed what the findings were. I was right. The only hitch: the ruling was only to document the incident because the site is an agency and not a private home,so there will be no judicial action against the agency as a result of the ruling.

BUT that is totally separate from our Nursing Practice Act, yes? I feel that I still have the obligation to report the LPN who I feel is the sole source of the unethical practices at this agency.

OK, stay with me, more details with this DRAMA.....

This LPN went on medical leave one week after I took this position. Leaving me with her position as DON and her position as one of the site nurses. (each site only has one nurse). There were also two other sites with nurse vacancies. After having one hell day (two emergencies at two different sites and the DCF investigation and finding more evidence of poor medical care), I confronted the owner about more observations that I made. His response, "Why is it that I've never heard about any of this before I hired you!!!" (it wasn't a question, he was accusing me of using standards from my previous employer which I replied back that I was using nurse practice standards that should be used across all the specialties and environments in nursing!!!). He wouldn't allow me to hire nurses to fill these vacancies because he didn't have it in the budget. I told him that this only left me with the feeling that my license was in jeopardy and he replied, "my license supercedes your license!" I believe he was talking about his business operating license. He is not a nurse or medical professional. He was wrong, right? So I gave him notice as of the end of that phone conversation. So I am no longer employed there but the thought of these kids being taken advantage of and being in "danger" is eating me up.

Last detail to this saga, I have not received my paycheck yet. They owe me for two weeks worth of work and heartache. I know it shouldn't come down to money BUT I do have bills to pay and I don't want to have to tangle with them for it. So I am thinking of reporting them after I receive and cash my check which I should get on the 28th. Hoping that it will not be shorted.

OK, give me feedback. What should I have done, what should I do, should I have left with my license between my legs????

Orca, ADN, ASN, RN · Mar 3, 2006

The owner's license does not supercede yours. If you are in a situation you consider unsafe and you accept the assignment anyway, the responsibility becomes yours. You are absolutely correct in being concerned over your license. You worked too long and hard for it to sacrifice it for a facility owner who does not provide you with adequate support, for whatever reason. For all the owner's brave talk, you can bet your last dollar that he would sacrifice you in a heartbeat if it would save his own hide.

As far as the money, they owe you for the work you performed - period. They cannot legally refuse to pay you just because you had a disagreement.

If you are absolutely certain of wrongdoing, or strongly suspect it, report it. Most states' nurse practice acts (perhaps all) require the reporting of situations of abuse or neglect that you become aware of in the course of your practice. Prepare to be branded as a malcontented former employee, but so be it. The owner will likely try to allege that you are merely trying to get back at the facility because of a difference of opinion. Documentation is critical if you go forward with a report.

Good luck to you.

MickeymomRN · Mar 3, 2006

Thank you all for responding! I WILL be reporting my suspicions to the state as specified in our Nurse Practice Act. Yes, this agency runs residential facilities for the DOC thru DJJ. These kids even though they have violated laws still deserve to be treated correctly especially medically wise.

If and when the state investigates this, by my statements alone, they will realize that I am a disgruntled former employee who had her hands tied behind her back by the owner. He is an arrogant piece of work to think that his "business license" supercedes our nursing licenses. He even told me that he carries malpractice insurance and that I will be covered. By his statements, I knew to RUN>>>>>>>>

I will now safely be employed by another corporation who respects their employees AND understands to the letter the law revolving the nurse's practice.