Threatened by employer

[wengee]

Hello my fellow nurses. My name is Lucy and i'm a RN working for a small home health company as a Case Manager for 10 months now. Our boss is also the administrator, DPCS (dir of patient care), Marketer and owner of the company. Things at his home health is quite stressful as we deal with patients who have IV's, wounds and ostomies. When things or situations get complicated at the office, me, the other CM and our boss, can solve it with no problem. But yesterday, the atmosphere at the working environment that i have gone to love was so stressful that we all lost it. Due to his anger perhaps, the boss ended up saying, if ever, we encounter situations that would end us being sued, he clearly stated that he is not going to back us up, that we are on our own and he is going to deny any knowledge about the problem/situation. This is not the kind of protection and treatment we expect from a boss whom we are helping run the company. I know our lives as nurses our stressful enough. We all have different things on our plate to manage and think of, but your opinion regarding this matter as my colleague is very important to me as i am torn now between staying and swallow my pride or resign to protect my license. Please help me. Thank you all in advance!

[Sue Demonas, BSN, MSN, PhD, RN]

There are some things that a supervisor/owner cannot distance themselves from, by nature of the position, legally. Tell him to review the legal ramifications of respondeat superior.

And honestly, lawyers know that the pockets of nurses are small, but pockets of businesses are large, and often go after the business, not naming nurses in a lawsuit. If that were to occur, you can bet your supervisor/owner would be asking for your testimony to support his case.

With that said, I'd look for another position. If her won't support you in a lawsuit, I suspect his support would lack in other important areas.

[Spadeforce]

Hes honest and a lot of places possibly would NOT back you no matter what they say but he sounds like he would throw you under the bus with him driving it

GTHO

[Oldmahubbard]

If you ever did anything to warrant a malpractice suit, his support of you wouldn't mean a thing. I think he was frustrated, just talking out his rectum, and has zero experience with lawsuits. Carry your own coverage and consider your options

[Sassy-RN]

Get out NOW !

[Ruby Vee, BSN]

First, get your own malpractice insurance.

Document, document, document. Make sure you document who you notified, when, and what was discussed. Make it real difficult for the sphincter to deny knowing about it.

And then decide whether this is someplace you really want to work. Maybe it's time to start looking for another job.

[canoehead, BSN, RN]

I wouldn't bother looking for another job, they are like that, he was just dumb enough to say so. Have malpractice insurance, document well, and when you communicate about patients, or about issues you are having, do it via email so you have a record. If you have a conversation, email him, "per our last conversation, you said..." Don't be shy about seeking clarity and covering your own ass. It's saved me a couple times.

[dthfytr, ADN, LPN, RN, EMT-B, EMT-I]

It comes up on every site. Buy and keep your own malpractice insurance. The following should be written in stone and posted at the front of every nursing class.

1. You don't need to make a mistake to be sued.

2. Your employer will protect itself, first and foremost.

The annual cost of malpractice insurance is about the cost of talking to a lawyer for 1 hour. If you can find a lawyer that will listen to you! When the lawyers circle your employer, you can count on some nurse spending a lot of time looking up at the bottom of a bus.

[Workitinurfava, BSN, RN]

At-least he was honest despite how messed up what he said is. Sometimes you can't get that. You can choose to keep working there but you will need to cover you buud.

[inthecosmos, BSN, MSN, RN, APRN]

If your job is still worth keeping, this is not enough to leave IMO. As many have pointed out, corporations are only out for themselves.

Document everything you do, including when you contact your superior. Maintain call logs and written communication (e-mail, texts, etc.). Make copies of EVERYTHING for yourself.

Malpractice insurance is a must.

[Asystole RN]

On 2/3/2019 at 10:58 AM, dthfytr said:

1. You don't need to make a mistake to be sued.

This is a very true statement. The thing that scared me into always having malpractice insurance was a case involving a simple bedside commode.

Patient was assisted to the commode, given the call light, and instructed to ring for assistance back into bed, patient did not dispute this in court. Patient ignored the instructions fell and broke her hip. Sued for $800,000 which included the rehab for the hip.

Court found that the nurse was only 10% at fault so she only has to pay 10% of the $800,000.

[kbrn2002, ADN, RN]

What concerns me most about this is your perception that you and the other CM are helping the owner run the company. While it may indeed be true the ultimate responsibility for the company lies with the owner and despite your assistance in "running the company" you are an employee and have no ownership in company decision making.

While the owner's outburst may have been fueled by frustration it is still very telling. As the owner is more than willing to throw you under the bus if things go wrong it doesn't seem to me like your assistance in running the company is valued as much by your boss as it is by you. If you can live with that reality go ahead and stay, but like other's have said get your own malpractice insurance ASAP.