What constitutes violating a patient rights in surgery?

Where can you go to find out exactly what are reportable offenses to the board of nursing? Is talking about a patient while asleep in surgery a reportable offense to the board of nursing? i.e patient's body/anatomy size, sexuality, employment, etc. Last edit by SMAH on Apr 10, '11
The written reprimand and termination threat sound a little overboard to me, but I'm pretty hard to offend. I guess your comments could be considered inappropriate, though. I wouldn't say anything "over" a sleeping/anesthetized patient that I wouldn't say to them. And unless you knew the patient pretty well, you probably wouldn't be joking around with him that way. Sooooo....

It could be. For example, if you were surmising about your pt being gay, some of the other staff members MIGHT then assume the pt was gay because of your comment (you know the old game where you whispered something in someone's ear, they repeat what they heard from you to the next person and by the end of the game, your original statement was NOTHING like what was said at the end of the game?). Your second statement of "You know what they say, the nice ones are either taken or gay", then confirms your assumption that the pt is gay. What if the pt brought his brother or his father with them for surgery and because of what you said, the PACU nurse calls the person back to give him discharge instructions and asks if he is the pt's partner? Far fetched, and would probably never happen, but you can see how a comment can snowball into a HUGE issue. It does not matter what your view on homosexuality is or how many close friends you have that are gay. The pt doesn't care. Your comment could be viewed as slanderous. That is a HUGE deal, and you SHOULD be reprimanded for it. However, I think that your NM should have talked to you about it and given you a verbal warning. There seems to be a bigger issue here seeing as that you have been threatened with termination and being reported to the Board. Lesson learned, I hope. I suppose you know now to curtail any comments that you make based on your assumptions. It isn't appropriate, and I feel confident that you won't do this in the future.

I guess I never thought of it as being taken slanderous since homosexuality is now accepted and people are feelig comfortable being open with their loved ones. States have finally even given homosexuals the rights to marry (which they should). Sure didn't see this coming though, especially with all the unacceptable comments I have heard people make in the OR over the years and I have never commented on. Lesson learned I guess. I am just debating if should go to HR to try to get this reduced to a verbal warning or just let it go since an employer doesn't even need a reason if they want to get rid of someone. The hospital I work for seems to be making a lot of lay offs over the last couple years and the people who seem to be getting written up lately are the ones at the top of the pay scales.

Was the original message erased? I see the first two responses are now out of context...

Yes, I changed it as I am now very worried about offending people.

OP, I fear that you may be missing the point. Although you are correct in stating that homosexuality is now (finally) socially accepted, there are still some areas in the country where it is not. It does not matter if it is or not, you made a comment that the pt was gay. Taking that assumption and verbalizing it to the OR staff placed the pt squarely in a category that he may take offense to. YOUR view on homosexuality is not the issue; it is your PT that may or may not suffer the consequences of your statement should your statement be carried outside of the OR. If you went to HR and asked for a reduced warning, what would be your defense? How would that conversation play out? I would not pursue this avenue with HR, as you may very well be terminated right then and there, especially in light of the recent lay offs you describe.

Point taken. Thanks.

[quote=SMAH;4971555]I guess I never thought of it as being taken slanderous since homosexuality is now accepted and people are feelig comfortable being open with their loved ones". Not sure where you have been but folks are still killed for being gay, you can not adopt when your gay, you can be fired for being gay,it has been less than 10years where having sex with a same sex person of your choice wont get you arrested, and housing discrimination is allowed in many states.Not sure what the original post was as you have changed it however if a nurse ever revealed my loved one was gay when they were incapacitated you bet they would be before the board and in court.

Quote from SMAHYes, I changed it as I am now very worried about offending people.

Quote from Chin upIf you came on this board with a concern, you should not worry about offending people. Regardless of what we do and say, someone will always be offended. But if you sincerely need help with something, you have a right to be heard. We can't protect everyone, especially at our own expense. If you were being malicious, then yes, shut up. But from what I have read and garnered, you were reaching out.

Quote from Chin upIf you came on this board with a concern, you should not worry about offending people. Regardless of what we do and say, someone will always be offended. But if you sincerely need help with something, you have a right to be heard. We can't protect everyone, especially at our own expense. If you were being malicious, then yes, shut up. But from what I have read and garnered, you were reaching out.

Seems like you were written up and threatened with termination. I wouldn't have done either here and I certainly wouldn't have reported you to the board. What you said wasn't done in a malicious way but it was an unwise place to go. I would have talked to you privately about setting proper boundaries in and out of the OR. Consider this a lesson learned and move on. I wouldn't even go the HR route. Just let it go. That's sometimes all you can do.