The nurse-plaintiff in Kirk v. Mercy Hospital Tri-County
The nurse-plaintiff in Kirk v. Mercy Hospital Tri-County was employed as a charge nurse with supervisory duties. A short time after one of her patients had been admitted to the hospital, the nurse diagnosed that the patient was suffering from toxic shock syndrome. The nurse believed that the physician would order antibiotics. After a period of time had passed without having received those orders from the physician, she discussed the patient’s situation with the director of nursing. The nurse was told by the director to document what had happened. She was told to report the facts and stay out of the matter.
The nurse discussed the patient’s condition and lack of orders with the chief of staff. Although the chief of staff took appropriate steps to treat the patient, the patient died. A member of the patient’s family had told the nursing director that the nurse-plaintiff offered to obtain the medical records. The nursing director was later told that the nurse-plaintiff had told the family member that the physician was “paving [the patient’s] way to heaven.” The director terminated the plaintiff.
After her termination, the nurse received a service letter from the hospital that directed her to refrain from making any further false statements about the hospital and its staff.
Identify and briefly discuss a legal argument (from the text) in favor of the hospital’s action.
