Terminated. Pursue a Lawsuit?

[ERgirlynurse]

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!

[Pangea Reunited, ASN, RN]

Perhaps I am having a brunette moment this morning, but I need a question answered. Does Benadryl have the potential for abuse and I never knew about it?

It is well-loved as part of a "cocktail", but I think not wasting narcotics is the diversion issue. The benadryl just makes it look worse.

[TheCommuter, BSN, RN]

It is well-loved as part of a "cocktail", but I think not wasting narcotics is the diversion issue. The benadryl just makes it look worse.

Okay, thanks.....

So I presume Benadryl is somewhat like Phenergan in the world of diversion. Phenergan, when given in combination with certain narcotic analgesics, generates that 'feel-good' feeling in some people.

[JustKeepDriving]

Even if this wasn't a diversion case the fact is that you showed a severe lack of judgment - which on it's own would be grounds for termination. Not having someone to waste with isn't unique situation. I've been that new grad. I know it sucks to try and find someone to waste with. So what's a nurse to do? Start calling. I've had the house supervisor come down to waste with me because there was no one else available. What do we not do? Waste on our own. It's on of those things where if it wasn't witnessed - it didn't happen. No one knows if that med went into the waste bin or if it got wasted in your veins. Don't put yourself in that situation.

As for the Benedryl: Do not pull medications from the Omnicell/Pyxis or Ye Olde' Med Cart until you are ready to administer them. It's just good practice. At the very least you will save yourself from having to answer to these types of questions again and at the most you could save yourself from a serious med-error.

In the future I would suggest thinking "Would a reasonably prudent nurse with my same experience and education make this decision" because the fact is that in all of the above you failed that test. If you are not diverting then I would suggest seriously figuring out why you made those series of decisions - were you just never taught not to do that? Or did you just not care?

[Jensmom7, BSN, RN]

Okay, thanks.....

So I presume Benadryl is somewhat like Phenergan in the world of diversion. Phenergan, when given in combination with certain narcotic analgesics, generates that 'feel-good' feeling in some people.

Benadryl also helps with the itchy, skin-crawly feeling some people get after being on IV Dilaudid.

[meanmaryjean, DNP, RN]

Okay, thanks.....

So I presume Benadryl is somewhat like Phenergan in the world of diversion. Phenergan, when given in combination with certain narcotic analgesics, generates that 'feel-good' feeling in some people.

OK- so I would make the world's worst drug addict. Benadryl makes my mouth so dry- ugh. And I have to have someone else poke me for the accucheck competency every year because I cannot bring myself to do it.

[tyvin, BSN, RN]

You don't want a lawsuit; you want to have a meeting with management with a lawyer. I would pursue a lawyer to get the termination wording changed to resigned. These things are almost always settled out of court. It sounds like a whole lot of stuff happened and wasn't caught; a "handful of times" and "multiple" (OP)??? Go take a drug test "now" if you're serious about taking action, which should have been yesterday.

The termination will follow you for the rest of your career. You don't have to put that job on your resume, but the nursing world is very small. Even if a new employer found out you didn't put that job on your resume, it's not illegal, and you're under no obligation to disclose the info...unless, of course, the job app has a clause about such things in fine print.

I'm surprised no one caught any of the activity until it was necessary to fire you. Perhaps if it had been caught, you could've been re-educated, and we wouldn't be talking. A new grad in an ER is something that doesn't happen where I am. All the employers I've worked for advance from within; so, were you working in another unit prior to the ER?

The checks and balances in medical facilities are in place to assure we are doing what we're suppose to; than to be able to intervene when appropriate. Did management have a prior issue with you; could they have wanted you gone? It's curious that you were able to proceed with your actions to the point of multiple and a handful. Did you ever make it to the 90 day eval (what was their system on that?). Was there a 30 day eval? Were there any warnings? Could smell like rotten fish to me.

Management doesn't like people to make waves or any suggestion that their facility isn't perfect (which we all know can't happen...in reality). The other nurses in your facility who encouraged you to take legal action know what's going on in that ER, and have probably seen others come and go in a similar fashion.

If you already had another job, were you working two jobs anticipating that the ER was getting ready to let you go?

[Nurse SMS, MSN, RN]

Even if a lawsuit for wrongful termination was successful (and in this case that is pretty doubtful), the most that is awarded is having your job back. Then they find more grounds to let you go or they run you off.

Move on and learn.

[RegularNurse]

Sounds like you already have a new job. Just move on.

[cjcsoon2bnp, MSN, RN, NP]

To the OP, I agree with the other users here that you should hire an attorney to ensure that you are defended in the event that this employer seeks legal action/reports you to the state BON for possible diversion of medications. I like to give everyone the benefit of the doubt and so I will take it at face value when you say you were not stealing medications to use for yourself or otherwise do something illegal. I took work in the ED setting and know that finding someone to waste narcotics/controlled medications with is time consuming but it is necessary and I am confident that peers understand that (they have to waste these types of medications too). Regarding keeping Benadryl in your pocket, when I read your post I assumed it was because you were trying to be prepared in the event of a medical emergency such as anaphylaxis but the truth is the amount of time you will save with this is nomnial and the risks of (a) forgetting to return it to the pyxis/omnicell, (b) making an error in medical administration, or © being accused of diverting medications is too great. I can appreciate your attempts to critically think and save time in a high acuity setting but there are other workflows and time-saving options that will deliver better and safer results without the risk of termination or disapline from the BON.

In the event that you are struggling with a substance abuse issue, please seek help and use this forum as a community support. You have worked hard for your license and you are responsible for the lives of other people, you don't want to jeopardize either because of an illness. Best of luck to the OP with your new job!

!Chris

[Boomer MS, RN]

To the OP, I agree with the other users here that you should hire an attorney to ensure that you are defended in the event that this employer seeks legal action/reports you to the state BON for possible diversion of medications. I like to give everyone the benefit of the doubt and so I will take it at face value when you say you were not stealing medications to use for yourself or otherwise do something illegal. I took work in the ED setting and know that finding someone to waste narcotics/controlled medications with is time consuming but it is necessary and I am confident that peers understand that (they have to waste these types of medications too). Regarding keeping Benadryl in your pocket, when I read your post I assumed it was because you were trying to be prepared in the event of a medical emergency such as anaphylaxis but the truth is the amount of time you will save with this is nomnial and the risks of (a) forgetting to return it to the pyxis/omnicell, (b) making an error in medical administration, or © being accused of diverting medications is too great. I can appreciate your attempts to critically think and save time in a high acuity setting but there are other workflows and time-saving options that will deliver better and safer results without the risk of termination or disapline from the BON.

In the event that you are struggling with a substance abuse issue, please seek help and use this forum as a community support. You have worked hard for your license and you are responsible for the lives of other people, you don't want to jeopardize either because of an illness. Best of luck to the OP with your new job!

!Chris

What a thoughtful and kind response.

[reggaemuffin, MSN, NP, CNS]

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

I would not assume that you are out of the woods yet as far as the BON goes. I've read many stories on here about nurses who were reported without being informed. Unfortunately because so many BONs are backed up, they may not get around to their investigation for many months. That should be your focus at this point. these issues should not be treated lightly. I would keep close tabs on what, if any, investigation goes on. Just because your employment has ended there doesn't mean the issue is dead in the water.

[Princessachula5]

They maybe suggesting for you to get a lawyer so you can defend yourselve just in case the BON comes looking for you. Just some advice I hope you have learned your lesson and always always always waste your narcotics. I have seen a nurse get fired for not having a documented waste, she threw it in the sharps container and they found the pill in there and still let her go. Good luck.