Whistleblower protection for nurses and other health care professionals.
Because most employees in the United States, including health care professionals, are employed "at will" (which means their employment can be terminated for any reason or no reason, as long as the reason isn't illegal), retaliatory actions by employers toward employees who speak out (i.e., blow the whistle) are not uncommon. Additionally, the law protecting whistleblowing employees varies greatly depending on the state where the employee works or if he or she works for the federal government. This article examines when and under what conditions a nurse or other health care professional may be protected from having an adverse employment action taken against him or her for reporting such issues as patient safety violations or health care fraud. The authors offer issues a nurse or other health care professional should consider before making the decision to blow the whistle. Finally, the authors also discuss the remedies such as reinstatement, back pay, or other compensatory mechanisms that may be available to employees terminated for reporting wrongdoing.
Drew
Melinda
M
Northeastern University School of Law, Boston, MA, USA.
Garrahan
Katherine
K
D004651:Employment / Q000331:legislation & jurisprudence*; D035082:Federal Government; D006801:Humans; D009726:Nurses / Q000331:legislation & jurisprudence*; D013219:State Government; D014481:United States; D035642:Whistleblowing / Q000331:legislation & jurisprudence*