Blog - Brown Law Office

Nurse Witness Intimidation

August 15, 2019 by LORIE A BROWN, R.N., M.N., J.D. 1 Comment

In a recent court case Stubblefield v. Morristown-Hamblen Hospital Association, where a patient underwent a cardiac catheterization procedure and was on a nitroglycerine drip, the patient begged the nurse to stop the nitroglycerine drip because of nausea and headache. The nursing staff refused and continued the drip. The doctor was never notified. It was later discovered that the patient had developed a hematoma and pseudoaneurysm in the groin and had to be taken to surgery to repair her femoral artery, no doubt due to vasodilation of the blood vessel from the nitroglycerine.

The patient brought a lawsuit against the facility and the nurse alleging battery and failure to properly assess the patient’s groin. The Plaintiff had hired a nurse expert witness to say it was below the standard of care to not abide by the patient’s wishes and notify the physician and failing to properly assess the groin area. However, the nurse expert received a phone call threatening that if she testified, she will lose her job.

There was what’s called a summary judgment proceeding which means if the Plaintiff/patient does not have an expert, the case will be dismissed.

Since the nurse expert had to withdraw at the last minute due to threat of loosing her job, they did not have an expert and the judge dismissed the case. However, the Court of Appeals recognized the witness intimidation of the threat to lose her job and sent the case back to the trial court for further review.

The point of this story is that if you are a witness in a medical malpractice case or choose to serve as an expert, it is important to tell the truth and if you feel you are being coerced or threatened or manipulated in any way, tell someone.

These tactics only serve to pollute our criminal justice system which is one of the best in the world. You may or may not agree with malpractice cases but that is why we have our legal system in place for a jury of our peers to decide these issues.

I’m curious as to whether you’ve been subject to witness intimidation and what did you do about it. I’d love to hear your comments below.

Nursing And Ethical Issues

August 8, 2019 by LORIE A BROWN, R.N., M.N., J.D. 5 Comments

It is unusual for a matter before the Nursing Board to find its way into the court system primarily because of the cost. Recently, in Pennsylvania, one case did exactly that and wound up in court brought by an LPN.

In this particular case an LPN was charged on July 16, 2014 with 3 counts of drug related offenses and a count of disorderly conduct. To the charge of disorderly conduct, she entered a nolo contendere plea where a guilty plea is entered but the Defendant does not admit to the crime. She pled nolle prossed to the other 3 charges which means they were dismissed.

The LPN denied engaging in these types of behaviors but the Board believed the court documents and suspended her license for a period of 6 months. The National Council State Board of Nursing for the years 1996 through 2006, collected information showing 126,130 (more nurses than tin the entire state of Indiana!) actions were taken against nurses. 13% consisted of suspension and 7% consisted of revocation. Suspension is the second most common taken action. Probation was the most common Board action taken.

But what is interesting about this particular case is that the Board based the suspension on the conviction of a crime of moral turpitude which is an active behavior that gravely violates the sentiment of accepted standard of the community. However, the Court of Appeals stated that it was not a crime of moral turpitude and disagreed with the Board’s interpretation.

In my limited experience with these types of appeals before a court, this is a great result! I would love to see more people question the Board and appeal their actions to a regular court so that the Board can stay in check. Unfortunately, these kinds of matters are very expensive to pursue. The Boards have unbridled authority to do what they wish … and this needs to stop! This was an LPN who appealed the decision and I am so glad that the court agreed with her.

What are your thoughts? Let us know in the comments below.

25 Nurses in Trouble with Ohio Board Due to Physician Overprescribing

July 25, 2019 by LORIE A BROWN, R.N., M.N., J.D. 2 Comments

In an Ohio hospital system, a physician, William Husel, D.O, is on trial for ordering excessive and fatal doses of fentanyl. He has criminal charges pending against him and he recently pleaded not guilty to murder in 25 deaths. This is the biggest case against an American healthcare professional. (Story and Timeline). The physician ordered potentially fatal doses for 29 patients who died over the past few years. 5 might have had a chance to improve their condition with proper treatment. The defense claims that William Husel, D.O., was alleviating pain and providing comfort for dying patients. However, the fentanyl was 20 times the normal dose which is excessive. And no one questioned them.

Dr. Husel was working a critical, care intensivist at the hospital and he completed a fellowship in critical care but did not complete a required residency in internal medicine according to one source.

Five (5) managers along with 18 nurses and pharmacists were fired while the CEO of this health system stepped down. (Story). No one ever questioned the excessive doses.

Every nurse has a duty to question doses. Twenty five (25) of these nurses were reported to the Board as well. (Story).

What happened to Hippocratic Oath, physicians do no harm?

There have been several wrongful death lawsuits filed that have reached nearly $4,500,000 in settlement. It is so sad that these families trusted their loved ones to receive appropriate health care but through this doctor’s actions, they were denied.

This case is just an example of the importance of speaking up due to medical malpractice concerns, loss of your job and being reported to the Board. It is now even more important than ever that nurses speak up when the care is not appropriate.

Have you encountered any doctor like this? What would you do? I would love to hear your comments below.

Nurses And Adderall

July 11, 2019 by LORIE A BROWN, R.N., M.N., J.D. 3 Comments

Nurses work crazy shifts and can have trouble sleeping. In addition, we are being bombarded with information and get interrupted approximately every 5 minutes.

It would make sense that a nurse would go to her physician and say, “I’m having trouble focusing.” The physician prescribes Adderall and, at first, it’s amazing. You not only find that you suddenly have all this energy and are extremely focused, but you’re also losing weight as an added benefit!

Then nurses start thinking, “Oh, how could I have ever gone on without this?” Make no mistake, Adderall is an amphetamine, a controlled substance and is addictive. Some nursing students even get addicted to Adderall which they use to help them study.

If you participate in a peer assistance or substance abuse program, note that these programs are abstinence-based meaning, you will have to get off of the controlled substance it in order to participate.

It can be difficult for a nurse who has taken Adderall for a long period of time to get off that medication. The nurse may feel like they can’t focus as well and feel like they need it for their job. But, when asked to come off it, some nurses choose Adderall over their license.

In an article published by the Louisiana State Board of Nursing, “The Epidemic of Controlled Dangerous Substance Abuse,” “Adderall has been called the most widely abused prescription drug in America.” For full article, click here.

The Louisiana Board questioned whether nurses and nursing students should be allowed to practice while taking controlled dangerous substances which includes Adderall. The article goes on to state that up to 25% of college students have abused amphetamines.

According to the National Institutes of Mental Health, an estimated 4 to 5% of adults have ADHD and there are non-controlled substances which work for nearly all these patients.

“We believe that a professional who wishes to take controlled medications should make a choice between the medication and the profession. Professional Licensing Boards in all professions understand that the risk of impairment and damage to the public greatly outweighs any possible individual benefits in specific cases where practice of a profession and concurrent use of controlled medication is at issue. The overwhelming majority of such organizations choose to take the safest course and prohibit use of controlled substance medications or alcohol while practicing a profession. We agree with this policy.” [Click here to read more]

Therefore, it is a strong warning of the Boards that nurses should not take controlled substances including Adderall. Even if you have a valid prescription and your hospital may view a positive drug screen as a negative, it may come back to haunt you should you ever be called before the Board.

I would like to hear your thoughts on this topic. Please share your comments below.

Is There Disparity Between Medical Boards And Nursing Boards

June 27, 2019 by LORIE A BROWN, R.N., M.N., J.D. 3 Comments

On December 13, 2017, at Hiram Davis Medical Center in Petersburg, Virginia, a nurse was talking with Dr. Motsumi Moja while they were awaiting an elevator. During the conversation, he put his hand on her shoulder, removed his hand slowly, thus with intent, moving it across her breast. He then asked whether her breasts were real or fake

She was not only shocked, she was devastated!

The nurse reported the incident to the HR department but no response was forthcoming after several days. She was adamant in taking steps to ensure that this doctor would not violate anyone else. She spoke with her director of nursing who assured the nurse that immediate action would be taken and the police were called.

Dr. Moja was charged and found guilty of sexual assault and battery. Then, he was reported to the Board which, during its investigation, learned of similar comments he made to other nurses such as, “I’m going to the restroom. Want to come with me?” When that nurse refused, he reportedly said, “Are you sure? I don’t think I can handle it on my own.”

He had several inappropriate actions with multiple health care professionals. Now, guess what the Board did? They reprimanded him! That was it! No suspension, no probation, no nothing. And after that proverbial slap on the wrist, if you can believe it, Dr. Moja is appealing the Board’s disciplinary action as well as the criminal conviction. The burden of proof in criminal cases is much higher; beyond a reasonable doubt but in civil matters or administrative matters, it is much lower and only a preponderance of evidence.

When I read about this case, I was stunned and in disbelief.

Should a nurse, in any way, attempt to inappropriately touch a patient or make improper comments, serious action would be levied against that nurse’s license. This reaction to Dr. Moja’s offensive and invasive actions is quite disappointing. If anything can be taken away from this, it is that the victim nurse stood up for herself and reported the inappropriate behavior (again, sexual assault and battery).

However, the response from HR and the Virginia Board was wholly lacking though Dr. Moja at least now has the public record of a criminal conviction accompanying his credentials. The public now can know to avoid that physician.

I am disappointed with the Virginia Board for not taking more stiffer action with Dr. Moja. It sends a message that it is ok to be found guilty by a jury for sexual assault and battery, but you can continue to practice unimpeded. I think the man should be evaluated for being a sexual predator. If this were the nursing Board, much more serious action would be taken. If there is any concern for the public, the nursing Boards are very aggressive in their action.

What do you think of this crime and subsequent travesty? Let me know your thoughts below.

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