Austin Employment Attorney Comments on Nurse’s Lawsuit Over Termination
Austin, TX (Law Firm Newswire) March 22, 2013 - A nurse has sued her former employer, saying she was fired for reporting patient neglect.
Susan J. Rapp, a licensed vocational nurse who worked for Maxim Healthcare Services Inc., has filed a lawsuit against the company. Rapp claims that she was terminated after she reported another nurse's neglect of a patient to her supervisors. Maxim Healthcare is an in-home health care provider.
“The State of Texas has stringent laws to protect healthcare workers from certain forms of retaliation,” said Austin employment attorney Gregory D. Jordan. “One goal is to protect patients by preventing retaliation against workers that report substandard care.”
According to the lawsuit, Rapp was assigned to provide nursing services during the late shift at a patient's home. She claims she found that the day shift nurse repeatedly failed to provide the patient with proper care. Rapp claims that she reported the neglect to her supervisors, but the situation was not resolved and she was instructed not to document what she had observed in the patient's medical records. Rapp was terminated approximately two weeks later, allegedly for unprofessional behavior, inappropriate documentation in medical records, and crossing professional boundaries.
Austin employment lawyer Jordan notes, “Where substandard care is allegedly involved, any form of retaliation against the reporting individual should be dealt with swiftly and firmly.”
The lawsuit was filed in Denton County District Court, and the defendant removed it to federal court based on diversity jurisdiction. The case is assigned to U.S. District Judge Richard A. Schell in the Eastern District of Texas, Sherman Division.
Although Rapp's original complaint alleged violation of the Texas Health & Safety Code, the amended complaint alleges violation of the Texas Occupations Code. Rapp claims to have made a report required or authorized, or reasonably believed to be required or authorized, by the Code, and to be protected from retaliation under its provisions.
The amended complaint requests damages for mental anguish, exemplary damages, court costs, attorney's fees and compensation for lost wages. Rapp also requests reinstatement to her former position or three months' severance pay.
The Law Offices of Gregory D. Jordan has handled many business and employment disputes involving non-compete agreements, unfair competition, confidentiality agreements and breaches of contract. To learn more visit, http://www.theaustintriallawyer.com.
Law Offices of Gregory D. Jordan
5608 Parkcrest Drive, Suite 310
Austin, Texas 78731
Other Practice Areas offered by the Law Offices of Gregory D. Jordan:
- Texas property owners file class-action suit against Devon Energy over royalties
A class-action lawsuit has been filed by Texas property owners alleging that Devon Energy used sham transactions to underpay natural gas royalties. On January 6, class-action status was granted by U.S. District Judge Ed Kinkeade in Dallas, allowing the four individuals who brought the lawsuit to represent the interests of thousands of landowners. The judge [...]
- Investment firms sue oil company, alleging breach of contract
An oil company was sued by two investment firms in Harris County District Court in Texas over an alleged breach of contract. SSG Advisors, LLC and Chiron Financial LLC filed the lawsuit against Daybreak Oil and Gas Inc., claiming that Daybreak violated an agreement among the three companies. The investment firms claim they are owed [...]
- Multi-million dollar oil and gas lawsuit set for trial
A lawsuit is set for trial in Texas between two well-known oil and gas names over revenue and ownership interests, with hundreds of millions of dollars in damages claimed. Mesa Petroleum, founded by T. Boone Pickens, filed suit against J. Cleo Thompson and three exploration and production companies based in Midland. Mesa alleging that Patriot [...]
See other news sources publishing this article. BETA | Tags: Austin business attorney, Austin business lawyer, Austin business litigation attorney, Austin business litigation lawyer, austin employment attorney, austin employment lawyer, Austin oil and gas attorney, Austin oil and gas lawyer, Texas oil and gas attorney, Texas oil and gas lawyer