What constitutes violating a patient rights in surgery?

Orange Tree · Apr 10, 2011

The written reprimand and termination threat sound a little overboard to me, but I'm pretty hard to offend. I guess your comments could be considered inappropriate, though. I wouldn't say anything "over" a sleeping/anesthetized patient that I wouldn't say to them. And unless you knew the patient pretty well, you probably wouldn't be joking around with him that way. Sooooo....

canesdukegirl, BSN, RN · Apr 10, 2011

It could be. For example, if you were surmising about your pt being gay, some of the other staff members MIGHT then assume the pt was gay because of your comment (you know the old game where you whispered something in someone's ear, they repeat what they heard from you to the next person and by the end of the game, your original statement was NOTHING like what was said at the end of the game?). Your second statement of "You know what they say, the nice ones are either taken or gay", then confirms your assumption that the pt is gay. What if the pt brought his brother or his father with them for surgery and because of what you said, the PACU nurse calls the person back to give him discharge instructions and asks if he is the pt's partner? Far fetched, and would probably never happen, but you can see how a comment can snowball into a HUGE issue.

It does not matter what your view on homosexuality is or how many close friends you have that are gay. The pt doesn't care. Your comment could be viewed as slanderous. That is a HUGE deal, and you SHOULD be reprimanded for it. However, I think that your NM should have talked to you about it and given you a verbal warning. There seems to be a bigger issue here seeing as that you have been threatened with termination and being reported to the Board.

Lesson learned, I hope. I suppose you know now to curtail any comments that you make based on your assumptions. It isn't appropriate, and I feel confident that you won't do this in the future.

SMAH · Apr 10, 2011

I guess I never thought of it as being taken slanderous since homosexuality is now accepted and people are feelig comfortable being open with their loved ones. States have finally even given homosexuals the rights to marry (which they should). Sure didn't see this coming though, especially with all the unacceptable comments I have heard people make in the OR over the years and I have never commented on. Lesson learned I guess. I am just debating if should go to HR to try to get this reduced to a verbal warning or just let it go since an employer doesn't even need a reason if they want to get rid of someone. The hospital I work for seems to be making a lot of lay offs over the last couple years and the people who seem to be getting written up lately are the ones at the top of the pay scales.

Chin up · Apr 10, 2011

Was the original message erased? I see the first two responses are now out of context...

SMAH · Apr 10, 2011

Yes, I changed it as I am now very worried about offending people.

canesdukegirl, BSN, RN · Apr 10, 2011

OP, I fear that you may be missing the point. Although you are correct in stating that homosexuality is now (finally) socially accepted, there are still some areas in the country where it is not. It does not matter if it is or not, you made a comment that the pt was gay. Taking that assumption and verbalizing it to the OR staff placed the pt squarely in a category that he may take offense to. YOUR view on homosexuality is not the issue; it is your PT that may or may not suffer the consequences of your statement should your statement be carried outside of the OR.

If you went to HR and asked for a reduced warning, what would be your defense? How would that conversation play out? I would not pursue this avenue with HR, as you may very well be terminated right then and there, especially in light of the recent lay offs you describe.

SMAH · Apr 10, 2011

Point taken. Thanks.

SilentfadesRPA · Apr 10, 2011

I guess I never thought of it as being taken slanderous since homosexuality is now accepted and people are feelig comfortable being open with their loved ones".
Not sure where you have been but folks are still killed for being gay, you can not adopt when your gay, you can be fired for being gay,it has been less than 10years where having sex with a same sex person of your choice wont get you arrested, and housing discrimination is allowed in many states.
Not sure what the original post was as you have changed it however if a nurse ever revealed my loved one was gay when they were incapacitated you bet they would be before the board and in court.

Chin up · Apr 10, 2011

Yes, I changed it as I am now very worried about offending people.

If you came on this board with a concern, you should not worry about offending people. Regardless of what we do and say, someone will always be offended. But if you sincerely need help with something, you have a right to be heard. We can't protect everyone, especially at our own expense. If you were being malicious, then yes, shut up. But from what I have read and garnered, you were reaching out.

Kooky Korky, BSN, RN · Apr 10, 2011

If you came on this board with a concern, you should not worry about offending people. Regardless of what we do and say, someone will always be offended. But if you sincerely need help with something, you have a right to be heard. We can't protect everyone, especially at our own expense. If you were being malicious, then yes, shut up. But from what I have read and garnered, you were reaching out.

Telling OP not to worry about being offensive if she came here with a concern is naive.

Re: being gay - it is still very disturbing to lots of people, as another poster stated. Many homosexuals still, I think, keep this information very private, so as not to be verbally or physically attacked.

We haven't progressed as far as we need to in accepting other people with whom we share the world. I doubt we ever will.

OP, just simply refrain from discussing anything but the weather and what you had for breakfast and you'll be sfe. Seriously, we all must be totally on guard all the time these days. Everyone is very, very sensitive. Some are overly so. All are entitled to common courtesy and respect for their attributes, whether we agree with them or not, whether we like or don't like who and what someone might think, feel, believe, or do. Often, silence is the best course of action.

canesdukegirl, BSN, RN · Apr 10, 2011

If you came on this board with a concern, you should not worry about offending people. Regardless of what we do and say, someone will always be offended. But if you sincerely need help with something, you have a right to be heard. We can't protect everyone, especially at our own expense. If you were being malicious, then yes, shut up. But from what I have read and garnered, you were reaching out.

Nice point. I agree that the OP shouldn't worry about offending us...this is a forum in which to vent or to share a concern. She did the right thing by describing the incident and then asking for advice from peers. She was NOT being malicious by any stretch of the imagination. She made a comment that COULD have been harmful to the pt. She recognized that fact, and was immediately sorry that she had said it.

OP, please know that we are here to support you. The previous posts that I have made on this thread concerning your situation was only to expose you to a different view point. It is always helpful to hear from our fellow colleagues what we would have done differently in a given situation, or choices you have when a situation seems to spin out of control. I only wish the best outcome for you. I have every confidence that you did not make the comment with any sort of maliciousness at ALL.