What to do about slander?

Nurses General Nursing

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Long story but I'll cut to the chase. I was working as an experienced RN in a new position at a local hospital. On Saturday, I admitted a pt. whose dr. I had never met. On Monday morning, a staff member from his office called my nurse manager to report that I had called told the dr. he was incompetent. I didn't know anything about him positive or negative and didn't call him incompetent. I can't understand why he would do that. The nurse manager wanted me to sign a statement saying I wouldn't do it again. I refused saying that since it didn't happen in the first place if I signed a statement saying I wouldn't do it again, I would be signing an admission of guilt. I told her I was ready to take it to the next level, that a dr. cannot make a false statement without proof and that legally what he did was slander. She called the DON who said that I could write out my side of the story with my denial and that would be OK.

Well it is not OK with me a dr. or anyone in any profession cannot make a false unsubstantiated claim.

I want to send him a letter demanding that he send a letter to the nurse manager retracting his statement and I want an apology, but I am afraid to b/c I am afraid he may retaliate. I should have some means of recourse when a dr. lies and makes a statement that I didn't make but I don't know what to do short of consult an attorney.

Anyone have any suggestions?

Specializes in Community Health, Med-Surg, Home Health.

I would not contact the doctor to ask him to do anything, because he may turn that into another issue and also say that you called to harass him. I'd probably write a statement illustrating what actually happened, say that I did not say to him or anyone else that he is incompetent and that is it. At least the DON is asking for your statement in writing as a rebuttal. I wonder what made him say this to begin with. Some people really have vivid imaginations or actually project what the deal really is; which can be that he is, in fact, incompetent. But, of course, we can't say that.

In 10 years working as a nurse, I have never had a problem with a doctor. I treat them with respect and have always felt respect in return. This is shocking to me and weird also b/c it was baseless. I had never met the dr. before, don't know anything about him. The ER nurse who gave me the report on the pt. stated that the pt. would be on telemetry per the hospitalist but when the pt. came to the floor there was no order. The pt. had a hx of valve replacement 6 months prior and her coumadin was being held for surgery to her fractured tibia. The ortho dr. came up to examine her and while he was on the floor I asked if he wanted me to put the pt on telemetry, and if so, they had omitted in the orders from the ER. He stated, "I guess we could" then he went in the room to see the pt. When he came out, he wrote an order for telemetry. That was the extent of my contact with him. That was it. Nothing else was said. Very weird .So, it seems like he may have thought I was out of line asking for the telemetry. While he was there, I thought I would ask. If he didn't want to, I would have called the hospitalist. I think that for some reason, he just didn't like me, didn't like me asking for telemetry for the pt. and thought he would make sure I didn't bother him again.

But what he did was lie to my nurse manager hoping to put me in jeopardy. I don't think writing my side of the story for a file is enough. How can someone lie to my superior and get away with it?

Here is my suggestion:

The situation didn't get pulled out of thin air. SOMETHING happened, and here is what I think.

There are so many people doing the he-said, she-said, that I have a feeling that some lines got crossed somewhere.

I have had this very same thing happen before. I have been called in to be "counseled" on conversations that NEVER took place between me and the person that they claimed it was with.

I know how frustrating it is.

Is it possible for you to get in touch with the physician directly to clear things up? Does he work in an office where you could see him?

I think he would agree that you would have to be a total fruitloop to bash a physician that you had never seen nor knew anything about.

However, how much do you want to bet that the patient WAS told that by someone in the office that day....and people just ASSumed it was you?

Specializes in orthopaedics.

you need to go above your manager or whomever wanted you to sign the paper. you don't need your reputation marred by some manager who won't stick up for her nurses and a dr. that has nothing better to do.

zattie, i'd be enraged as well.

but i would write exactly what transpired between you and the doctor...

and add at the end of the letter, how disturbed you are by these accusations.

the DON had it right, by agreeing for you to write your perception of events.

she's not taking sides but recognized how important it is to have a statement from you, in your file.

personally?

i wouldn't contact the doctor to clear the air, unless it was supervised with a neutral party.

and any further contact you may have with him, i would go w/a witness.

this is really, one of those 'out there' allegations and would wonder about the content of his character.

cover yourself at all times.

i'm sorry this happened to you.

leslie

I've been a nurse a long time. I've had only 2 times that I had a situation where I felt I was being treated unfairly by a doctor. Both times I asked to speak to them & confronted them- in a non-threatening yet honest way. Both times the docs apologized & we got along great after that. I would suggest upfront honesty in a quiet corner somewhere- after all if he's going to make a statement like that you have the right to get to the bottom of it & hear it from the horse's mouth. Furthermore, for all you know he didn't even name YOU but since you're the new person maybe you got blamed? Unfortunately some supervisors think any "new" problem is attributable to the newest person hired & will take whatever a doctor says as gospel w/out investigating any further. I would try to clear the air b/f I listen to she-said he-said hearsay! Good luck! (P.S. In your situation it may be better to sit down w/the doctor & the DON, maybe even the person who spoke to the office in the first place- there's too many people in the chain to take what someone said you said as anything but gossip!!)

Thanks for the replies!

This particular hospital is having a very difficult time hiring and keeping nurses esp the floor where i worked. I did not know the culture of the hospital before I began working there but, oddly enough, had been warned by former patients that it was a terrible environment for nurses. Because I had traveled for 5 yrs prior to working in this hospital and had been exposed to many difficult environments, I thought I could deal with it. It is a difficult environment but the accussation by the MD really blindsided me. In all my yrs of nursing prior to traveling and then having walked into at least a dozen hospitals as a traveling nurse and never encountering anything like this has been such a shock!

I don't believe he would take a call from me. I am afraid to send a letter b/c if he would lie to protect himself for reasons only he knows, what else might he do. I do think the suggestion to always have a witness is a good one.

The nurse manager is very new at the position and has only been a nurse for 2 years. I asked her who had actually called her with the accussation and she said it was the dr's assistant at the office. I asked what exactly she had said on the phone and b/c I was so adamant and shocked she called her back to make sure she had heard her correctly. She really didn't know what to do and was visibly shaken when I refused to sign a statement saying I wouldn't do what I had not done again. She picked up the phone and called the DON. She told her about the situation and that I vehemently denied saying the dr. was incompetent. That is when she got the instructions to have me write the story from my perspective.

I just don't know how to let this go. I feel like it was an attack on my character for which I have very little recourse. I could say consider the source but I don't even know the guy and does anyone else consider the source when he has been working at that hospital for many yrs and I am new. Fat chance. My record of success should mean something but they really don't know me to know I would never call a physician incompetent. It's just ridiculous. It's slander. Maybe if you stay in this business long enough anyone will run into a problem but this experience, though it may not seem like much to some has been very painful and unnecessary.

Thanks so much for everyone's input. That was a wise suggestion that I should ask for a meeting among all involved. I think the reason the DON wanted me to simply write my side of it on the form was to try to put a quick end to it for the file. Imagine trying to get us all together for a meeting!

One thing I do know about the ortho practice at the hospital is that they have an assistant who is their front person to deal with all the encounters they don't like. Since this happened to me, I have heard of several seemingly ridiculous encounters that she handled for the doctors though I don't know which drs. I think the group has probably been involved in many suits or threats of suits for them to be so defensive. There is a culture there that existed long before I arrived and maybe the dr. simply didn't want me to ask him about telemetry when he is an orthopedic dr. However, later that night he ordered a heparin drip by phone for that same pt. The hospitalist was very upset that he had done so and expressed that to me later on the phone. I did not get involved though and just let him vent his frustration. I didn't make any comments about the other dr. other than to tell the hospitalist who had ordered the heparin when he asked. I was very matter of fact. I have never even seen the hospitalist just talked to him when he called about the pt. Some have suggested that I got caught in their crossfire somehow.

The doctor didn't even call in the complaint himself?! If I was the NM that took the complaint I wouldn't have given it a second thought. If he can't even be bothered to call it in himself it couldn't have been all that important.

It could be he said something in passing to that staff member and she took it upon herself to call. She might be on a power trip. He could have been irked by your question but that's no reason to make a complaint stating you called him incompetent. I'd be livid too.

Your NM sounds like an idiot. How about asking for your side before asking you to sign a letter stating you won't do it again?! The whole thing doesn't even make any sense.

The DON seems to see this as a non-issue. I would speak directly to her and ask if his complaint made by his clerical staff goes into your file. If yes and that upsets you state you want a meeting called with the doctor and want to have HR and your superior there. Put it on them. I bet that note ends up finding it's way into the trash pronto.

Truthfully I don't think the DON sees this as a reflection on you at all. You could choose to write up a letter with your side but under NO circumstances sign anything you don't agree with people. Good for you for standing your ground.

Specializes in Community Health, Med-Surg, Home Health.

If there is going to be a meeting at all, it should be mediated by either a neutral party or at least the DON, who is supposedly the advocate of the nurses. Otherwise, I would not initiate contact with this man. Now if he approaches you, I would (try REAL hard) to keep my emotions in check, but not get into a heated discussion with this person. It sounds like third man gossip to me, but I know where these things can lead. It happens at my job every day, and for the most part, no matter how angry I am, if I know I didn't do anything wrong, I try not to contact the 'injured party' to be sure that I am not further compromising myself or even entertaining these crazy people.

Specializes in none yet, but I'm VERY excited!.

Be careful about who you choose as a witness if you do decide to go. I had an arrogant lab instructor who made some false accusations against me. I assumed that some of my classmates would back me since they were there. Alas, most were afraid of this lab instructor since she proved herself vindictive, and only a couple backed me (not enough corroboration in the eyes of the lecture instructor for some reason - she was bringing money into the university as a grad student perhaps?)

My point is that witnesses can sometimes be A) unreliable or B) dismissed. I'd go for the mediation personally.

I'm sorry this happened to you. I know it is frustrating.

Regards,

Kenny B.

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