Several nurses have been terminated because of “documentation discrepancies." The grievance procedure is a joke. What can be done?
Wednesday September 30, 2009
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The 200-bed hospital at which I worked has recently computerized all documentation. Several nurses have been terminated because of “documentation discrepancies.” I believe they are relying on a flawed medication computer report. These are loyal, hardworking nurses that would not divert narcotics as accused. Several nurses have resigned to save face but, in doing so, cannot use the grievance procedure provided by the union. This grievance procedure is a joke as management stands by the hospital and no one, not even the union rep, supports the nurse.
Marge
It sounds as if those nurses who are facing accusations of diverting narcotics need to seek legal advice from a nurse attorney or attorney in the state in which they work. Regardless of the lack of support being given, the allegations are serious and can have devastating consequences for the accused. Obviously, proof (hard evidence) that the allegations are true or untrue is at the heart of the matter, but the legal road may be long and winding until there’s a resolution.
The situation also points out the extreme importance of administering and documenting narcotic medications carefully and consistently with facility policy and applicable laws. Because it is difficult to prove one was not involved with a particular incident when the only "proof" is one’s own words (and there are no hard facts to support those words, such as documented administration, documented wasting of a narcotic, a witness), an individual is between a legal rock and a hard place.
An employee’s attorney can advocate and hopefully discover the truth behind the allegations. Once that is done and the false accusations are eliminated, the employee can gain back his or her reputation, eliminate any discipline imposed by the employer, and avoid the initiation of any proceedings by the state board of nursing.
Cordially,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
