A nurse cleared of illegal drug dealing is considering filing a lawsuit

She underwent a breathalyzer test and a urine drug test, each of which were negative. The results of the urine test was not available for 4 days, despite the fact that it was performed at the corporate’s laboratory, where the standard waiting time for the test is half an hour. One of the RN colleagues also told her colleagues and resident physicians that she had been taken off the ground for illegally distributing drugs.

It was established that the RN was not involved in drug smuggling, but no apology was given to her. There was no subsequent report back to the nursing board because there was no evidence of any change in direction.

Currently, she still works at the ability on the identical units she worked on for 15 years. But he wonders if he has any legal recourse against the hospital and the co-worker who made the false accusations.

What can an RN do legally?

This is an unlucky incident for the RN and it’s definitely comprehensible that she is considering taking legal motion against her employer and colleague. As the RN stated in her inquiry, she is anxious about filing a lawsuit or taking other motion because her co-workers may not support her out of fear that she’s going to sue them in the long run. She may gain a repute as a “troublemaker” amongst other health care employers if she seeks employment in one other health care setting. This decision is a private one, and one a part of the decision-making process is weighing the chances successful legal challenge. Consulting a legal nurse or general practice lawyer for higher information will help the RN make a call. Consultation with a lawyer may even help determine exactly what the causes of motion (allegations) against the employer could also be.

Possible causes of motion

In this case, considered one of the RN’s concerns could be that the employer would seem to not follow established policies and procedures regarding drug testing, particularly urine testing. Additionally, understanding whether the adopted policy is consistent with state drug testing law.

The RN co-worker who falsely told others that she had been terminated for drug smuggling had clearly defamed the RN. So you may file a defamation lawsuit against your co-worker – on this case, defamation for sending fake text messages.

An employer will also be sued in a defamation suit under the speculation Let the supervisor answer. Employer inclusion may be based on an adopted code of conduct policy governing worker actions. For example, the code may include not telling falsehoods about co-workers, hospital iPhones can’t be used for private use, and prohibitions against violating the privacy and confidentiality of other employees. If an employer knew about an worker’s text messages and didn’t discipline the worker in accordance with its code and disciplinary policy, a court may find the employer legally responsible. The SC can be considering whether the Health Insurance Portability and Accountability Act (HIPAA) may apply to her. She claims that she became a patient because a urine sample was collected and tested on the hospital where she works. She continues because she was a patient and the private health information (PHI) shared by a co-worker was a violation of the HIPAA Privacy Rule. This is an interesting possibility. While it’s true that the worker is a patient of the HIPAA provider (which is assumed to be the employer), it’s a violation on this case would occur. Also interesting is the undeniable fact that HIPAA refers back to the “individual” (not the patient) i defines an entity under the Act as a “person who is the subject of protected health information”. This definition may apply to the RN, and if that’s the case, she could also be claiming a breach of her PHI in this example. She can and you may file a grievance online at HIPAA Complaint Portal. It is significant for RNs to know that HIPAA doesn’t provide a “private right of action” within the event of a breach. Rather, any proven violation allows the federal government to impose fines or penalties or bring a criminal case against the violator. All proceeds from fines imposed go to the federal government.

What else are you able to learn from this case?

Being accused of drug smuggling is a serious accusation. Whatever decision the Supervisory Board makes can be the fitting one for them. Although legal errors do occur, they can not all the time be corrected through formal legal proceedings because of the numerous aspects that should be considered before deciding to pursue legal remedies. If you end up in a situation where you might file a lawsuit, fastidiously consider all the professionals and cons. With the guidance of a nurse or attorney, your decision can be best for you.

Take related courses:

In this course, you’ll find out about parts of HIPAA, especially those related to nurses and other health care professionals and the protection of health care information. Because you play a key role in creating health care information, you play a key role in protecting it.

The Nurses’ Bill of Rights is an announcement of skilled rights moderately than a legal document. Establishes a casual understanding between nurses and their employing agencies to assist guide organizational policy and focus discussions between nurses and employers on issues related to patient care and dealing conditions. Not every nurse is accustomed to the Nurses’ Bill of Rights and related laws as described by various state boards of nursing and nursing associations of their positions. In this course you’ll find an summary of them.

Healthcare employees are held to high moral standards and expected to be advocates for patients. This innate drive to do “what’s right,” which is probably going a prerequisite to pursuing a profession in patient care, is rooted in history, law, clinical education, and current each day practice. What to do when the road is blurred and there isn’t any clear answer for all parties involved? The purpose of this course is to supply the nurse with knowledge about ethical decision-making within the acute care setting, in addition to find out how to reply to situations when our own values ​​and judgment don’t align with those of the patient, family, or care team.