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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am a registered nurse in PA. I was a home health care nurse.

Customer Question

I am a registered nurse in PA. I was a home health care nurse. Blood draws are within my scope. My daughter had a blood test that needed done, the order was faxed to the lab. I called my daughters doctor office and spoke to the nurse, I asked if indeed the doctor did order the blood test...yes. Asked who the ordering dr. was and told the nurse that i was a home nurse and would probably just draw the blood and take it to the lab. She said ok. My employer found out, I used one of our lab requisition forms and they fired me for "falsification of information" they stated that i did not have an order for the blood test and no order to draw my daughters blood at home. It is within my scope of practice, most say, who cares who drew the blood, I did not make up the order for the test and just decide on a test for my daughter. Unemployment denied my claim. Do I have a leg to stand on in fighting this?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. I happen to be Pennsylvania licensed and will do my best to assist you with your concerns.

I am genuinely sorry that you are in this situation. Was your employer covering your service to your daughter? Were you acting as home care for your daughter in this instance?
Customer: replied 3 years ago.

No I worked for a home care agency but my dtr's ob/gyn ordered a blood test for her. They stated that I needed a "verbal order" to home draw my own daughter and that telling the nurse at ob/gyn office that i was going to do it did not constitute a verbal order from the doctor. I believe as long as there was an order for the blood test, it would not matter who drew it or how it got to the lab. especially if drawn by a licensed person such as myself.

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up, Tammy.

My apologies but as much as it pains me to say this, the home care agency is correct. Because you were their employee at the time, any medical services you provided would be covered under their agency liability. Furthermore, they are likewise correct that simply telling the office that you would perform the test without an express request from the doctor would not be deemed an 'order' since that decision to draw blood would be yours and not the doctor's. That, unfortunately, is failing to follow proper protocol and grants them the right to claim that you were terminated 'for cause'. Your only defense may be to claim the doctor suggested that you draw the blood, which would turn it into an order, but beyond that only a doctor can order a blood test and it would not a decision a nurse can make on her own, unless she is a nurse practitioner.

Good luck.

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