Typically, I don’t comment on cases that occur outside of the United States but I feel strongly to bring up a case now that is not only interesting but has implications for all nurses.
In 2015, a nurse from Saskatchewan, Canada posted a Facebook criticism regarding her grandfather’s care. Carolyn Strom made her posting as a private citizen, however, the Saskatchewan Registered Nurses Association (“SRNA”) found her comment to be professional misconduct. She was fined $26,000 Canadian Dollars (about $19,600 U.S.) which she tried to appeal in 2018.
However, that appeal was unsuccessful leading her to then appeal to the Saskatchewan Court of Appeal which overturned the SRNA and lower court decisions. The issue involved was freedom of speech and the statement which she had made in her personal capacity. The Court of Appeal ruled that “criticism of the health care system is in the public interest and when it comes to frontline workers it can bring positive change.” For the full story, click here.
For a number of reasons, this case has captured my interest. I am not aware whether she was charged with the Board’s attorney fees or exactly why her fine was so high.
Fortunately, she had the support of other organizations arguing on her behalf including the Saskatchewan Union of Nurses, the BC Civil Liberties Association and the Canadian Constitution Foundation.
As the matter progressed, Carolyn started a GoFundMe page which provided her with about $27,000 Canadian Dollars ($20,400 U.S.) to help with legal costs. I am sure those costs were expensive.
The SRNA, which is similar to boards in the United States, claimed that Ms. Strom should not have taken her initial grievance to Facebook but to their organization.
As I say, “You are a nurse 24/7.” Always be careful of what you post on social media! My belief is that nurses should have free speech and be allowed to speak up, regardless whether they be acting in their personal or professional capacity. That being said, at least the SRNA initially felt differently. It is unfair that any nurse would be forced to take on these legal fees to pursue a matter before the courts in order to receive justice.
I applaud Carolyn for her efforts in sticking to her beliefs and not being silenced for her personal beliefs about care rendered to her grandfather. I can’t imagine what she endured for this 5-year legal battle.
What would you do in this situation? Would you accept the excessive fine or continue your fight with an appeal? Let me hear below what you think.
Mary NP says
I absolutely support Carolyn’s general right to post her concerns about patient (her grandfather’s) care on Facebook.
All rights however come with responsibilities. I personally choose not to use Facebook as a professional (NP) for these and other reasons. As professional nurses and leaders I strongly believe we have both the right and the responsibility to advocate for safe and evidence-based care for all patients – that is part of our job (24/7). I believe that is largely why RNs/nurses are always listed as one of the most respected professions in general population surveys – people/patients know that we both provide and advocate for “good” care for them and their loved ones.
I also believe that we have the responsibility to be professional in all of our communications, and that while Facebook may be a great place “to sometimes blow off steam” the issue here of “concerning” medical/nursing care in an institution should also be addressed through channels that can actually work for changes in the system.
In the US there are many barriers embedded in the system of providing safe and evidence based care for our patients – care that is also efficient and helps our organizations make a profit. This has become such a systemic problem that it truly is affecting both the delivery of care and “burnout” among even the “best” nurses, doctors, and all members of the medical team.
There is so much to discuss regarding this situation. I applaud Carolyn’s tenacity and her ability (both financial and personal) to fight for what she believes is good patient care. I hope she also has the leadership and teamwork in her organization and within her BON to help support her ideals for best patient care. I am also encouraged with the outcome from the Court of Appeals.
Evie says
Free speech is a Constitutional right in the US & as such, any person, should be able to express themselves, as they wish, especially on their own time, in regards to what their experiences are with healthcare or retail industries. Nurses, like any other person, are not only nurses, but, they are consumers, parents, children, workers, etc. and as such, they have the right to express their concerns & frustrations with any industry.
However, this kind of ‘big business’ censorship happens more than you know, as many nurses are even afraid to speak up at work about systems & processes that are not only time & cost ineffective, but, processes that may even be dangerous or certainly harmful to staff, patients & families.
At the end of the day, companies, including healthcare facilities, are businesses first-they need to & want to make a profit, as they should for the services they provide. But, that goal to make a profit also includes a ferocious tenacity to maintain a positive public relations image at any cost.
LORIE A BROWN, R.N., M.N., J.D. says
I see why she was reported to the Board but I do not understand why the Board felt they needed to take action.