Terminated. Pursue a Lawsuit?

Pangea Reunited, ASN, RN · May 18, 2016

The diversion is reportable and you should consider yourself very lucky if getting fired is the only problem these mistakes have created for you. You might need a lawyer for defense, but I don't see what you would sue for.

Good luck!

Alex Egan, LPN, EMT-B · May 18, 2016

Ok. What damages have you incurred from this episode? No damages means no case.

additionally is where you live a right to work state? In such case your employer can fire you for any reason or no reason at all unless it's because you are a member of a protected class. So no chance of a case there.

In in my opinion you should save your money and tell this to a therapist not a lawyer.

Jensmom7, BSN, RN · May 18, 2016

So, you know you didn't follow protocol, you admit that you know you didn't follow protocol, you were terminated for cause, and you actually think you have justification for a lawsuit??

Seriously, you're lucky you weren't reported to the BON. While your transgressions most likely wouldn't get your license yanked, there would be some consequence, like a reprimand.

Move on, but count your blessings, and next time do it the way they tell you to, not the way that makes it most convenient for you. If you truly feel that a policy has a chance of placing patients in jeopardy, then discuss it rationally with your supervisor, and even come up with some solutions (doesn't matter if they're workable or not, your boss is going to appreciate it much more if you do more than just ***** and whine).

Been there,done that, ASN, RN · May 18, 2016

A single incident of improper wasting can get a nurse fired. Your facility was lenient.

I sense a problem from here , when you add the Benadryl in your pocket issue.

You are lucky to have another job and your license. What do you think a lawyer could do for you?

jadelpn, LPN, EMT-B · May 18, 2016

No matter what the intent, removing several medications on over-rides to then put in your pocket is not only grounds for immediate termination, but can be reported for diversion.

It could cause patient harm, as you have no way of showing in the pxysis who that benedryl actually would go to (if you needed to use it) and if pulled under the same name for over-ride would show that you "gave" a large dose of benedryl to a patient. (which you would have no way of disputing). And another nurse could not give a dose as it would show you took it out, someone is charged for multiple doses of a drug that did not receive---lots of things. And in our facility, we can not override unless a specific criteria is met.

There could be a chance that you are reported to the BON, as people have been for less, and the burden of proof that you don't have a drug dependency would be on you--and most likely a program to stay clean. And a vial of narcs plus some benedryl to combat the side effects of same do not bode well. I am assuming that this way PO benedryl--there's no urgency in an ER for that, since there's a great deal more that could immediately assist should someone need it due to an allergic reaction or side effects.

I would contact your malpractice insurance. Not meant to be legal advice per AN TOS, however, just a word of advice, you have absolutely no way of proving intent. So to bring on a lawsuit, the facility would note your taking of a multiple doses of a higher than normal alert drug, and that you were also carrying a bottle of narcotics in your pocket.

Wishing you nothing but the best.

ERgirlynurse · May 18, 2016

Thanks for the comments. I was not referring to suing the hospital. I was merely asking about contacting a lawyer. Don't feel I need a therapist but thanks for the suggestion. Of course I am glad to not be dealing with the BON. Just have had multiple long time nurses tell me to seek out a lawyer. Thanks for all the comments

dishes, BSN, RN · May 18, 2016

What 'performance issues' were you terminated for? If the issues were non-practice related, the employer does not need to report to the Board but if the reasons were practice related, the employer is obligated to report to the Board. Speak to a lawyer familiar with nursing licensing and tell them exactly what your letter of termination says.

roser13, ASN, RN · May 18, 2016

Everyone is lawsuit-happy this morning.

I say consider yourself very, very fortunate to not be reported to the BON, and move on.

Emergent, RN · May 18, 2016

So, you admitted stealing benadryl from your employer, also had several undocumented wastes of controlled substances, and seem a little surprised and annoyed that they canceled meetings, officially terminated you instead of letting you quietly resign.

Don't you know you can get benadryl OTC? your actions show moral laxity at the least. And, not wasting because " no one was around" is sloppy and careless. Add it all together and, yes, your excuse filled story is unbelievable.

I hope you take serious stock of yourself. You may consider counseling, unnecessary stealing is a sign of deeper problems.

westieluv · May 18, 2016

So I work in an ER. I am pretty new to nursing. I was called in to HR to explain why I had overridden Benadryl multiple times and not given it. Also a handful of times I did not waste excess narcotics appropriately. I explained my thought process on having the Benadryl in case I needed it and that the issues with waste were due to no one being around to waste with. I acknowledged I was wrong and was willing to do any education/disciplinary things they wanted. This was agreed upon at the time. After having meetings canceled and no phone calls for weeks they finally called me back in. They put me on unpaid leave. Essentially said I was lying. No drug testing or talking to my direct supervisor. I have another better job so I resigned that day. 4 days later they terminated me for performance issues.
So my question is that many friends have recommended I talk to a lawyer. Should I? Or should I just let it go and move on? Please help!

???? In case you needed it? If you needed it, wouldn't you then go to the Pyxis and sign it out? I used to carry around a roll of tape in case I needed it, but medications? Is it that hard to get into the Pyxis if you need something? That's the whole idea of having a Pyxis, so that the facility can keep track of what medication is being used and when.

I'm surprised that other nurses have suggested that you contact a lawyer. You broke the facility's policies on medication administration on several occasions. Why wouldn't they fire you?

I don't mean to sound harsh, but I would have expected to be fired and felt embarrassed, not angry.

elkpark · May 18, 2016

I was not referring to suing the hospital.

The title of your thread is "Terminated. Pursue a Lawsuit?" Who, exactly, were you referring to suing, if not the hospital??