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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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i work in surgical icu as an RN. one night i was working and

Customer Question

i work in surgical icu as an RN. one night i was working and became very sick. i have a neuro disorder and sometimes i have seizures but this night i became altered in my thinking, almost like i was awake but dreaming. all the nurses noticed there was something wrong with me and said i was "bizarre" in my behavior. there is a whole lot more to this i can get into if i have to but basically my neurologist thinks i was having seizure activity my psychiatrist thinks i had a psychotic break. anyway. i was "impaired" for sure. there i was in the safest environment on earth and they made up a lie about over staffing to get me to leave at 1245 midnight at which time i then went unconcious driving and totaled my car and hit two others. the insurance is informing me its not going to cover the damages they are so great. i think those nurses had the duty as heathcare professionals to keep me and take me to ER not send me in an altered state in the night to drive and possibly die and then later write to HR and say i'm bizarre and they never want to work with me again. this was gross negligence. i was sick and they turned their backs on me. even the head of HR has admitted to me in front of a witness that the whole thing was handled wrong and that i should not have been sent home and should have been send to ER. she said that at least 4 times during our meeting. i want to sue.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

You may have a cause of action against the nurses for negligence, although, since you weren't a patient, it would be difficult to make out their duty toward you.

Since even though they are health care professionals, as a co-worker, they wouldn't typically have a duty of care toward you to prevent you from driving in your altered state.

You can find an attorney to represent you online here:

I suggest you hire an attorney on a contingency basis, so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.
I wish I had better information to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 5 years ago.
but this went up all the way to the management level. there is a hospital protocol in place to protect sick nurses and the nursing supervisor and the charge nurse must ensure that protocol is met or keep calling up higher and higher managers until it is met. the protocol of the hospital and the state board of nursing says we DO have an obligation to each other, not just the patients. what if i was on drugs? which i wasn't? hospital protocol was not followed
Expert:  Joseph replied 5 years ago.
Since there was a protocol in place, that does change the expectation of a duty, and the nurses would have been considered to have violated their duty to you as a fellow employee by not following protocol and just releasing you.

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