Nurses’ Whistleblower Protection
Many states have statutes to protect whistleblowers in the medical field. However, there was an interesting matter where a hospital nurse, licensed and working in a Texas hospital reported a situation to CPS (Child Protective Services), she was terminated 2 weeks later.
The hospital nurse was assigned to work with a pediatric neurologist. One young patient, whose divorced parents shared custody, was suffering from seizures. The father brought the child in for his/her appointments.
The hospital nurse received a call from the child’s mother who claimed that both parents were seeking treatment for the child from their individually selected neurologists. The recommended treatments were different from each other.
The greatest concern for the hospital nurse was that the child was receiving different medications depending on which parent had custody at the time.
The hospital nurse called the child’s middle school nurse to discuss her concerns. The school nurse said that there had been some increased behavioral issues and the child had since been placed at an inpatient psychiatric center in response to these issues.
The school nurse warned the hospital nurse to be on the lookout for worsening behavior or increased incidences of seizures. When the hospital nurse contacted her supervisor to provide advisement of the circumstances, she was told that if she believed that the child was in danger, she needed to report that issue.
The next day, the hospital nurse followed her supervisor’s suggestion and issued a report to CPS that the child was being treated by 2 separate neurologists resulting in 2 different sets of medications being provided to the child.
The hospital nurse was terminated 2 weeks later. The nurse sued for wrongful termination.
The trial court dismissed the hospital nurse’s claim, but the appeals court overturned that decision, sending the case back for trial.
The statute required a professional to make a report within 48 hours upon discovery of suspected child abuse or neglect. Texas code says should an employee be suspended within 60 days of making a report, it is assumed that the employer was discriminated against for making the report.
To overcome this presumption, the employer must show that there is no connection. The report from CPS was included in the hospital nurse’s termination documents, thus preventing her from challenging that the CPS report had no bearing on her being fired. Here, the employer clearly put the CPS reports in her termination papers.
I hope this matter can be resolved. Nurses need to feel that they are protected and, when suspected, able to report abuse or other wrongdoings without fear of retaliation.
What are your thoughts? Please let me know in the comments below.
