Threatened with patient abandonment

[Nurse Beth, MSN]

I think your employer may be blowing hot air.

A threat of reporting you for "nurse abandonment" (thinking she meant patient abandonment) is likely not justified and could be considered retaliation. 

Without knowing what your employer did or if your reaction was within normal limits (not over-reacting), let's assume your employer created a work environment that left you too emotionally distressed to perform your nursing duties safely.

You informed them that you could not work and then transferred your patient care to the DON. So:

• You notified your employer (check) and
• Made reasonable arrangements for your patients (check).

Key points to consider:

• Duty to care vs. personal well-being. While nurses have a duty to provide safe patient care, they also have the right to not work in conditions that significantly impact their mental health and ability to perform their jobs effectively.
• Communication is key. If you were unable to work, you took the appropriate step by notifying your employer of your emotional state and inability to continue with your assignment and by transferring patient care to the DON. 

Potential legal grounds

• Document everything. Keep a detailed record of the events leading up to this situation, including specific instances where your employer's actions caused emotional distress, your communication with them regarding your inability to work in this state, and the handover process with the DON.
• Contact an employment lawyer to discuss your situation and understand your legal rights.
• Consider internal channels. Check if your workplace has an internal process for addressing concerns about workplace conditions, such as a Human Resources department, and consider filing a formal complaint.

Know that more employers make the threat of reporting nurses for patient abandonment than carry through with the threat.

Best wishes,

Nurse Beth

 

[mdsRN2005, ASN, BSN, RN]

Nurse Beth said:

I think your employer may be blowing hot air.

A threat of reporting you for "nurse abandonment" (thinking she meant patient abandonment) is likely not justified and could be considered retaliation. 

Without knowing what your employer did or if your reaction was within normal limits (not over-reacting), let's assume your employer created a work environment that left you too emotionally distressed to perform your nursing duties safely.

You informed them that you could not work and then transferred your patient care to the DON. So:

• You notified your employer (check) and
• Made reasonable arrangements for your patients (check).

Key points to consider:

• Duty to care vs. personal well-being. While nurses have a duty to provide safe patient care, they also have the right to not work in conditions that significantly impact their mental health and ability to perform their jobs effectively.
• Communication is key. If you were unable to work, you took the appropriate step by notifying your employer of your emotional state and inability to continue with your assignment and by transferring patient care to the DON. 

Potential legal grounds

• Document everything. Keep a detailed record of the events leading up to this situation, including specific instances where your employer's actions caused emotional distress, your communication with them regarding your inability to work in this state, and the handover process with the DON.
• Contact an employment lawyer to discuss your situation and understand your legal rights.
• Consider internal channels. Check if your workplace has an internal process for addressing concerns about workplace conditions, such as a Human Resources department, and consider filing a formal complaint.

Know that more employers make the threat of reporting nurses for patient abandonment than carry through with the threat.

Best wishes,

Nurse Beth

 

I agree.  I think some employers (typically the unsafe ones) like to use the threat of patient abandonment charges as a bully tactic to get people to keep working there.  Ultimately it comes down to whether or not you took reasonable precautions to ensure your patients would be taken care of, as Nurse Beth lined out.  The DON may not like having to take care of them, but if she is capable of doing so and presumably doesn't already have a patient load then it was reasonable to expect her to be able to do so.  The only time that wouldn't be the case is if for some reason your manager was not a nurse or otherwise couldn't take care of them.  But I agree, it sounds like you covered all your bases.  Best of luck in your job search, hope you can find a new position that is not only safe but rewarding.  Be aware this manager will likely give you a bad reference so be considering options to avoid listing her (for example if they require a "supervisor" reference you can likely list your charge nurse).  Good luck!