Question:
Dear Nancy,
I refused to falsify medical records and was fired. I don't want to sue, but I do want to blog about this. Can I?
Dear Nancy,
I refused to falsify medical records and was fired. I don't want to sue, but I do want to blog about this. Can I?
Kati
Nancy Brent replies:
Dear Kati,
What one posts on a blog or other Web site medium for the world to see must be carefully considered. It is memorialized in time. Anyone, including your former employer and former colleagues, has access to what is blogged. If the information in the blogged comment is not accurate, for example, the employer may decide to sue you for defamation. If it is not accurate and truthful, the former employer also may allege in court that you are interfering with its prospective economic interests (a tort) because prospective employees might avoid applying for positions in that facility. Likewise, if it’s not accurate and truthful, the employer might consider reporting you to the state board of nursing for unprofessional or unethical conduct.
Although blogging is a current way of life in today's world, a more useful way to handle this employer’s request to falsify medical records and your subsequent firing would be to report the situation to state and/or federal agencies that can take appropriate action against the facility. Even though you do not want to sue, reporting the request and your subsequent firing to, for instance, the state agency that licenses the facility, to Medicare/Medicaid (if the facility is certified by the federal government under these laws), or to the state insurance regulatory agency will result in an investigation into the facility and those who made request. If you have been asked to do this, there is a strong possibility that other employees have been asked to do the same thing. Licensure suspension, fines, and other sanctions against the employer and any employees who participated in this type of conduct are possible.
Consult a nurse attorney or attorney in your state who can advise you of your options in this situation, including your desire to blog about your experience. Receiving good legal advice before going forward with any action, including a public posting of your experience, is a very wise move.
Dear Kati,
What one posts on a blog or other Web site medium for the world to see must be carefully considered. It is memorialized in time. Anyone, including your former employer and former colleagues, has access to what is blogged. If the information in the blogged comment is not accurate, for example, the employer may decide to sue you for defamation. If it is not accurate and truthful, the former employer also may allege in court that you are interfering with its prospective economic interests (a tort) because prospective employees might avoid applying for positions in that facility. Likewise, if it’s not accurate and truthful, the employer might consider reporting you to the state board of nursing for unprofessional or unethical conduct.
Although blogging is a current way of life in today's world, a more useful way to handle this employer’s request to falsify medical records and your subsequent firing would be to report the situation to state and/or federal agencies that can take appropriate action against the facility. Even though you do not want to sue, reporting the request and your subsequent firing to, for instance, the state agency that licenses the facility, to Medicare/Medicaid (if the facility is certified by the federal government under these laws), or to the state insurance regulatory agency will result in an investigation into the facility and those who made request. If you have been asked to do this, there is a strong possibility that other employees have been asked to do the same thing. Licensure suspension, fines, and other sanctions against the employer and any employees who participated in this type of conduct are possible.
Consult a nurse attorney or attorney in your state who can advise you of your options in this situation, including your desire to blog about your experience. Receiving good legal advice before going forward with any action, including a public posting of your experience, is a very wise move.
Sincerely,
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.
