Personal Injury Law

Retaliation Claims or Whistleblower Claims for Nurses

By Beth Janicek

In handling cases against nursing homes and hospitals, I have deposed some incompetent nurses but I have also deposed some very knowledgeable and skilled nurses. I have nurses in my family who I know care very much about their patients and are dedicated to an often physically and mentally challenging job.

These dedicated nurses at times may come into conflict with the owners of the facilities or upper management because they believe the owners or upper management's behavior is in violation of their regulations. The law protects these nurses if they turn the owners or upper management in for their behavior. It may also be a fellow nurse whose behavior is violating regulations. If the owners or upper management terminates the nurse for reporting the illegal behavior then the nurse can file a claim seeking compensation. This is commonly referred to as a "Whistleblower Claim" or "Retaliation Claim".

These claims are provided for in some other professions, however, it is especially important in the healthcare arena to protect these vulnerable patients. For example, I handled a claim against a nursing home that terminated an employee after she turned an incident into the State. This law was created to protect these nurses who have the courage to do the right thing.

Full post as published by San Antonio Personal Injury Lawyer on September 26, 2008 (boomark / email).