employment-retaliation , firm-news
Baylor Scott & White Health’s Retaliation of Registered Nurse
Doyle Dennis Avery LLP recently filed suit against two defendants, Baylor Scott & White Health and Scott & White Hospital – Marble Falls (collectively “Baylor”), in Travis County, Texas.
Doyle Dennis Avery LLP’s client is a Registered Nurse. As a prudent and responsible nurse, she reported conduct that she had a reasonable belief violated the law and posed a patient to substantial risk of harm as a result of a failure to provide patient care that conforms to minimum standards of acceptable and prevailing professional practice or to statutory, regulatory, or accreditation standards. The Registered Nurse worked at Baylor’s hospital in hematology oncology and rheumatology, endocrinology, and neurology. As a nurse, she provided chemotherapy to cancer patients, including triaging, providing side-effect management, and related services. The policies and procedures mandated that a registered nurse cannot administer chemotherapy for a patient without a second verification from another registered nurse. Put differently, to provide chemotherapy, there must be two registered nurses to provide the patient with his or her chemotherapy treatment. Baylor’s policies and procedures mandated that a registered nurse cannot administer chemotherapy for a patient without a second verification from another registered nurse. Put differently, to provide chemotherapy, there must be two registered nurses to provide the patient with his or her chemotherapy treatment. However, Doyle Dennis Avery LLP’s client observed that these policies and procedures were not being followed. As a result, she frequently reported these policy violations. Following her reports, Doyle Dennis Avery LLP’s client was fired for reporting safety violations.
Texas has the second most healthcare employees of any state in the country. Texas law, including the Texas Occupations Code, Texas Administrative Code, and Texas Health and Safety Code, provides strong protections for its health care workers. Texas law also provides strong protections for individuals who work at hospitals. Under these laws, certain health care employers – such as Baylor – are prohibited from firing and retaliating against certain workers, including registered nurses.
Doyle Dennis Avery LLP has significant experience in representing doctors, nurses, dentists, and other healthcare workers who have been targeted, defamed, wrongfully terminated, interfered with, or retaliated against. Our attorneys have extensive experience in retaliation litigation. For example, Doyle Dennis Avery LLP won a $1.7 million verdict in an employment retaliation case in 2019. Following the jury verdict, the Texas Fourteenth Court of Appeals affirmed the verdict in Doyle Dennis Avery LLP’s client’s favor. The employer appealed again. Ultimately, the Texas Supreme Court denied the employer’s petition to review the $1.7 million dollar judgment, meaning— the judgment owed to Doyle Dennis Avery LLP’s client will now also include an additional approximately $266,913 in post judgment interest accumulated during the appeal of the verdict. If you have been retaliated against, call Doyle Dennis Avery LLP today for a free consultation.