Case Result: Nurse’s Patient Abandonment Accusation Dismissed, As Patient’s Mother Terminated the Work Relationship

Professional:
Nurse

Primary issue:
Client nurse, who specialized in pediatric care, worked for an agency. The nurse was scheduled to work in a home health environment assisting a severely disabled child. The parents of the child were notoriously difficult to deal with, and within a few months the relationship between the parents and the nurse soured.

While it was not clear why the relationship deteriorated, the child’s parents became suspicious of the nurse because the nurse was asking them a lot of questions about how other nurses manage the patient care. Apparently, the nurse decided to resign from the position because of the parents’ behavior.

When the nurse told the mother of the resignation, the mother became irate and begin screaming at the nurse, then asked the nurse to leave and reported the nurse to the agency. The agency reported the client to the Department of Health for alleged patient abandonment.

Argument:
We provided response to demonstrate that patient abandonment requires the provider to unilaterally sever the relationship when care is necessary. Despite several witnesses, we were able to prove that it was the patient’s mother who terminated and severed the relationship by asking the nurse to leave the house.

Result:
The case was dismissed with a letter of guidance that functions as a “warning.” It is not considered disciplinary action, it will not be on the client’s record, and the case will remain confidential.

Areas of Law:
Healthcare Licensing
Nursing License Defense
Professional Licensing Defense

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.