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No Discrimination: PA's Firing Supported By Nurses' Complaints.

Legal Eagle Eye Newsletter for the Nursing Profession

   Post Traumatic Stress Disorder can be a legal disability if it limits a major life activity.  An employee with PTSD who is cleared to work nevertheless is a qualified individual with a disability.  UNITED STATES DISTRICT COURT PENNSYLVANIA August 30, 2018

  A physicians assistant sued for disability discrimination after she was fired from her position at the hospital where she made a serious error during a surgical procedure and then left the operating room, requiring the nurses to summon a surgeon to the room on an emergency basis.  The surgical nurse manager investigated the incident initially described as a nurse yelling at the physicians assistant.  However, the completed investigation, which involved statements from all of the nurses present for the procedure, validated the nurse's concern and her heated response to what happened.  

  The US District Court for the Eastern District of Pennsylvania ruled that despite the physicians assistant's disability, the nurses' accounts of what happened in the operating room validated her termination.

  The physicians assistant had taken medical leave for treatment for post traumatic stress disorder from an assault.  She had been cleared by her treating physician to return to work.  The Court considered her a qualified individual with a disability.  However, cutting one of the pacing wires while closing for the surgeon after cardiac bypass surgery, and then leaving the room, was an egregious error.  The nurse was justified in yelling at the physicians assistant to point out her error and to insist she correct it.  The nurses understood the gravity of the situation and they corrected it by getting a surgeon back in the room. West v. Clinic, 2018 WL 4145897 (E.D. Penna., August 30, 2018).

More references from nursinglaw.com

http://www.nursinglaw.com/ptsd.htm

 

http://www.nursinglaw.com/disability-discrimination-PTSD.htm

 

http://www.nursinglaw.com/PTSD-discrimination.htm

 

http://www.nursinglaw.com/PTSDworkerscomp.pdf