Birchaven Redux and the Saga Continues: Criminal Charges, Civil Suit, and State Nursing Board investigations, Oh My!

One might say this saga has it all. In my opinion it certainly illustrates what I am talking about when I tell nurses you have to be your own risk manager and have your own professional liability insurance policy with a license defense benefit. Unfortunately it is becoming all to common in healthcare to see cases with criminal, employment, civil, licensure, workplace, and regulatory implications for individual nurses. The good, the bad, and the ugly at its best, baby.

I am not representing any of the nurses involved in this case and I am planning to follow this story on my blog. All of this is public record and reported on various websites. Here is a brief summary of what you can gather from the public records and media reports regarding the incident:

Birchaven fired 8 nurses. The facility was investigated by the Ohio Department of Health and the Ohio Attorney General's office. Several of the nurses who were terminated were reportedly investigated by the Ohio Board of Nursing and the Ohio Attorney General's office because of the allegations. Criminal charges have been filed thus far against two of the nurses. There is a pending wrongful discharge and slander action filed by 4 of the nurses against Birchaven.

See http://www.thecourier.com/Issues/2009/Jul/16/ar_news_071609_story1.asp?d=071609_story1,2009,Jul,16&c=n.

See also

http://www.thecourier.com/Issues/2008/Aug/27/ar_news_082708_story6.asp?d=082708_story6,2008,Aug,27&c=n

http://www.thecourier.com/Issues/2009/May/29/ar_news_052909_story5.asp?d=052909_story5,2009,May,29&c=n

See my previous blog post about the Birchaven issue at

http://advocatefornurses.typepad.com/my2cents/2008/12/2nd-criminal-investigation-launched-last-month-involving-birchaven-facility.html

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Criminal cases, Nursing Board matters, and Civil Suits: Oh My!

Nurses, if you don't have your own policy, you may need it! Also the way healthcare is going now and how nurses are dissed and dismissed like a toddler smashing an ant, all nurses may need to have a legal defense slush fund for attorneys fees and costs and consider keeping an attorney or law firm on retainer.

Did you see my post on the incident involving the Texas nurses who were terminated and have criminal charges pending? http://advocatefornurses.typepad.com/my2cents/2009/07/texas-nurses-association-has-a-legal-defense-fund-for-2-nurses-criminally-indicted.html

Healthcare reform is nice but when does the reformation of the healthcare workplace and workforce begin?  

I don't know about you but I don't think this is what most of us as nurses picture when you say "I want to be a nurse." I want to be a nurse although I may be fired at-will, investigated by the State Nursing Board, and charged with a crime. The Sleeper Must Awaken. 

 

Comments

[latonia]

This blog is being watched related to this post.

I find it interesting when my blog is being watched. I don't use facility names unless it is a public record or I can link to an article published in the mainstream media.

I will be more careful (white MJ gloves careful) with Birchaven posts and make sure I reference online articles on the story whenever I post (as I have done since the first post anyway).

If you are viewing this blog for the first time related to this post, welcome!! I have been blogging for years and I don't aim to defame on this blog, baby!