abandonment

[grannie]

I recently needed a day off, we were too short staffed for that, so I switched a shift with another RN. This is done all the time, in fact I frequently work for others but haven't had another work for me on this unit. My director wrote me up as a final warning and charged me with abandonment, which is ridiculous. I have been with this hospital 16 years without ever a warning written or otherwise. I intend to get this off my re- cord by any means, my malpractice carrier will only step in if it is reported to the state. Would you get a lawyer I am new to this? Any suggestions?

[cassioo]

did you sign a time trade agreement that got approved by the manager before you traded? We have to get approval before we trade and we usually just sign the paper and change the schedule ourself because as long as the unit is covered we can trade but it still has to be in writing so everyone shows up when they are scheduled.

[grannie]

Yes I did post it on ansos (our schedule) also wrote my replacements name in. This is what we always do. I was written up the day before she emailed the unit with her new rules, we cannot switch a shift if the unit is short, which it always is. The RN also told the director the day before that she was working for me and she said fine. The only way to explain her is irrational. I have wittnessed more unproffessional behavior from her, than I have in 25 nursing years. She has no control over her anger, she acts without thinking. When I told her this is what everyone does, she said prove it, of course I can. The whole unit is against her I could take up a collection for a lawyer.

[cassioo]

before going to a lawyer have you gone to the DON? Doesn't make much sense to me if you are a RN and trade with a RN then how is the unit short if the same number of people are working just a different person? They sound a little confused.

[nursinghumor]

****o Grannie,

Sounds like a scare tactic to me.

I've been in situations before where I've worked a double, and then been told I "had to stay" for a third shift or I'd face abandonment charges.

For an actionable charge of abandonment to stick, meaning the board of nursing can enforce it/act against your license:

You must first accept responsibility for a patient's care, then neglect that responsibility in some way.

Simply not showing up for a shift, even if it is a no call, no show, does not constitute abandonment, though your employer can fire you for it.

Refusing to stay for an extra shift by itself, does not constitute abandonment.

You can find an excellent article on the Nursing Spectrum website about this:

"To abandon a patient, certain elements must be satisfied —

There must be an underlying provider-patient relationship.

Abandonment also requires that the healthcare provider has not made reasonable arrangements for continuation of that patient’s care.

The provider did not provide reasonable notice to the employer."

Are You at Risk for Patient Abandonment?
Sandra C. Maliszewski, RN, FNP, CNM, Esq.
http://nsweb.nursingspectrum.com/cff...bandonment.cfm

Hope that helps.

Andrew Lopez, RN
http://www.nursinga2z.com

[grannie]

Originally Posted by cassioo

before going to a lawyer have you gone to the DON? Doesn't make much sense to me if you are a RN and trade with a RN then how is the unit short if the same number of people are working just a different person? They sound a little confused.

I
ca lled her boss told her the story sent her copies of my warning and the email sent out the next day, her response was that I should talk to my director. She felt the abandonment charge could be dropped, but not the warning. I told her this is not acceptible I want all claims dropped or I would seek legal advice.

[grannie]

This is an update for those who have given advice, and I thank you for that. I did see a lawyer, and then things started to happen. He put a w hole new spin on things. He said it is a blantant case of age discrimmination, that got their attention. The reprimand was removed from my file. I feel like I have won the battle, but now have started a war. My director was forced to do this and she dosen't give in easily. Just imagine the stress, nursing is bad enough without added stressors from the boss. I will be looking for another position, it is hard to transfer within the hospital as she has stalled many transfers, hows that for nurse retainment? Two department heads on the unit have recently filed grievences against her. What does it take?

[cassioo]

going to the CEO or the board

[nursinghumor]

A complaint from the EEOC will usually draw attention to an issue. Here is their page on age discrimination.

The U.S. Equal Employment Opportunity Commission:

Facts About Age Discrimination:"The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training."
http://www.eeoc.gov/facts/age.html

Filing complaints with several different agencies will make sure this situation isn't swept under the rug.

Andrew Lopez, RN
http://www.nursingmail.com

[rnsince83]

Idiot managers are all too common in nursing. There are some very good books out there--buy, read, and learn to deal with them. Best advice: keep a private notebook with all the facts: day, date, time, place of incident, facts and pertinent details, and names of witnesses.