Authors

  1. Brooke, Penny Simpson APRN, MS, JD

Article Content

Regarding "Patient Loads: Need 'Titer' Limits" (Legal Problems, December 2007*): Like the nurse who wrote that letter, I was nervous about the trend of giving ICU nurses responsibility for more than two patients. But when I put my concerns and rationale in a letter to the administration, I was given the boot

 

What are my options in a whistle-blower case like this? I found another job right away, but wonder if I should consult an attorney or take any further action. Those patients are still at risk, in my opinion.-C.R., OHIO

 

I'm disappointed-and surprised-to hear that you lost your job merely for raising concerns about safety issues with your director. If this was the hospital's sole reason for firing you, you may want to seek the advice of an attorney. If you live in a "for cause" jurisdiction, your employer must show cause for firing you. If you live in an "at will" state, however, your employer can fire you without cause unless your employee handbook identifies specific behaviors that are considered cause for firing.

 

Depending on the jurisdiction and your terms of employment, you may have an unfair employment action as well as a whistle-blower case. Consult an attorney licensed to practice in your state to determine if your rights have been violated and if the hospital has violated any laws, rules, regulations, or standards that would justify a whistle-blower case.

 

Of course, I'm glad you found a new job immediately. If your previous employer was unwilling even to listen to a nurse's safety concerns, you're better off with a different employer. Before you started, I hope you discussed the expectations and values held by you and your new employer regarding nurse staffing and patient-safety issues. Nurses are in high demand and have the right to know what employers expect before accepting any new position.

 

Good luck, and please continue to be an advocate for quality and safe patient care wherever you work.

 

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