Nurses are such an important part of patient care. From the day-to-day medical services they provide, to protecting patient health from unsafe practices, their work is critical. So what happens if a nurse reports unsafe practices? Are you protected from retaliation and punishment for legitimate reports? Legally, your employer cannot retaliate against you for reporting unsafe practices, but it often happens anyway. If it does, you have the right to take legal action to protect your rights and seek compensation for your legal injuries.
The employment attorneys at Abney Law can help you protect your rights after reporting unsafe practices. We truly appreciate the hard work nurses do every day, and want to ensure that your rights are protected every step of the way.
Kentucky’s Mandatory Reporting Requirements for Nurses
Nurses have a mandatory duty to report unsafe practices or other unethical conduct in many situations. This means it isn’t just optional whether they report, but necessary if a nurse learns of:
- Patient abuse
- Neglect
- Exploitation
- Drunk or impaired practitioners
- Violations of nursing laws
- Administrative violations
- Conduct that places patients at risk of harm
Because reporting is a professional obligation, the law recognizes that nurses must be protected when fulfilling this duty.
Whistleblower Protections Under Kentucky Law
A person who reports unsafe practices is often referred to as a “whistleblower.” These individuals are protected under federal and Kentucky law.
1. Protection Against Employer Retaliation
Kentucky law forbids employers from retaliating against you for reporting anything illegal or unsafe. Retaliation might include:
- Termination or demotion
- Reduction in hours or pay
- Less favorable schedule changes
- Harassment
- Intimidation
- Negative performance evaluations
- Any adverse employment action linked to the report
If an employer takes action against a nurse because they raised a safety concern, the employer may be violating Kentucky law.
2. Good-Faith Reporting Protection
The nurse has to report the unsafe practice in “good faith.” This means they actually believe the information is true. Even if later the report is found out not to be true, the nurse is protected so long as they actually and reasonably believed it to be true. Purposefully false reports with malicious intent are not subject to these protections.
3. Confidentiality Protections
The Kentucky Board of Nursing keeps complainant identities confidential to the extent possible. While confidentiality cannot be guaranteed in every scenario, especially if testimony is required, KBN’s process is designed to minimize exposure and protect the reporting nurse’s professional standing.
4. Protection Under Federal Law
Federal law also protects nurses who make these reports. These protections may include:
- OSHA whistleblower protections for reporting workplace safety hazards
- HIPAA protections when reporting privacy violations through proper channels
- Medicare/Medicaid fraud reporting protections for reporting billing or compliance issues
How Nurses Can Protect Themselves When Reporting Unsafe Practices
Here are a few ways to help protect yourself if you need to make a report:
- Document your concerns with notes about what you saw.
- Record the date and time of any alleged issues.
- Submit your reports in writing.
- Avoid discussing the reports with others or gossiping about the issue. Report it directly instead.
- Get the help of an attorney if you have suffered retaliation, or believe you will.
When to Contact an Attorney
If you are dealing with harassment or retaliation after reporting unsafe practices, you should seek the help of an attorney. They can help you:
- Evaluate whether retaliation has occurred
- Preserve evidence
- Discuss issues with your employer
- File a retaliation claim
- File a whistleblower claim
- Protect your career and nursing license
Protect Your Nursing Job After Reporting Unsafe Practices
You did the right thing in reporting an unsafe practice. You shouldn’t be punished for it. There are legal protections in place for nurses and other employees to ensure this doesn’t happen. Speak to an experienced lawyer that knows how to protect your rights.
Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.