Nurse claims wrongful termination in CA lawsuit

Click for a consultation
Posted by Legal Team On September 1, 2017

Leaving a job is often a straightforward event, but it can be stressful and damaging to one’s career if one is fired for cause. Those who believe they were wrongfully removed from their position at work have the option to fight the decision in the courts.

A California nurse is fighting for her job after she was dismissed from a community medical center by the operator of its health care system. The reason for her dismissal is the unauthorized access of medical records while the nurse was preparing patients’ care.

The nurse’s former employer introduced electronic evidence that she opened three patients’ medical records without prior authorization. She countered that the move was essential for the proper care of patients, as doctors rely on nurses to gather appropriate information.

One of the reports was opened at the request of a patient’s child, who is also a doctor, to verify her care had been comprehensive and correct. The plaintiff argued that the duty of a registered nurse superseded any policies enacted by the hospital and its operator.

Testimony from the doctor who requested the check was denied by the judge in Fresno County Superior Court. The important of patient care became clear to the court in the nurse’s forceful testimony as she sought recompense for her dismissal.

Mediation and out-of-court settlements are possible ways to resolve a labor dispute that involved discharge for false causes, and some people are reinstated or receive compensation for the ordeal. However, wrongful termination lawsuits are an effective and final way to resolve a disagreement about dismissal.

Source: Fresno Bee, “Fired nurse fights back at Kaiser’s assertion that she had no right to patients’ files,” Pablo Lopez, Aug. 27, 2017