Texas Nursing Retaliation LLC

A Nurse’s Nightmare: Fired for Saving a Patient’s Life

On September 1, 2025, a licensed nurse arrived for a scheduled visit with a patient for what should have been a routine post-hospital follow-up. The patient had recently suffered a stroke and needed antibiotics for an infection. But when the nurse opened the medical chart, she discovered something terrifying: the patient’s records contained dangerous errors, including antibiotic dosages that were double what the physician had prescribed.

The implications were clear and immediate—if she had administered the medication as documented, the patient could have suffered organ damage, a severe adverse reaction, or death. The nurse immediately corrected the potentially lethal mistake and notified the supervising practitioner—an action that likely saved the patient from serious harm.

How did her employer, Aadi Home Health & Hospice, respond to this life-saving intervention? They disciplined her. Then, just days later, they fired her.

A Pattern of Dangerous Practices—And Punishing Those Who Speak Up

This termination didn’t happen in a vacuum. The nurse had been working for Aadi Home Health & Hospice since 2021, providing compassionate care to vulnerable patients throughout Nueces County, Texas. During her employment, she witnessed a disturbing pattern of unsafe practices:

• Multiple nurses failing to complete required medication reconciliations, creating dangerous drug interaction risks
• Staff neglecting to timely communicate with physicians about critical changes in patient conditions
• Colleagues disregarding established care plans designed to protect patients
• Systematic maintenance of inaccurate medical records with incorrect medication dosages

The nurse did exactly what Texas law and nursing ethics demand—she repeatedly reported these concerns to management, including the Director of Nursing. But rather than investigating and correcting the dangerous practices, leadership dismissed her concerns. The unsafe conditions continued, putting patients at risk every single day.

In May 2025, after learning that a nurse with a documented history of serious care violations was being given increased patient care responsibilities, she made the difficult decision to escalate her concerns to the Texas Board of Nursing. She knew the risks. She feared retaliation. But she also understood that staying silent meant patients could die.

Despite Aadi Home Health & Hospice’s public advertising emphasizing “exceptional patient care,” compassion, and honesty, the reality inside the organization fell dangerously short of those promises. And when this nurse stood up to protect patients, the company made sure she paid the price.

You’re Not Alone—And You Have Legal Rights

This isn’t an isolated incident. It’s the reality facing nurses across Texas who dare to report unsafe patient care. Doyle Dennis Avery LLP has filed a lawsuit in Nueces County on behalf of this nurse, seeking justice for unlawful retaliation under Texas Occupations Code § 301.413.

Her story illustrates a critical problem in Texas healthcare: nurses shouldn’t have to choose between protecting patients and keeping their jobs. The law is on your side—but employers count on healthcare workers being too afraid or too overwhelmed to fight back.

If you’ve been terminated, disciplined, or retaliated against for reporting patient safety concerns, you have legal rights under Texas law. Call Doyle Dennis Avery LLP at 713-571-1146 for a free case evaluation. We handle cases on a contingency fee basis—you pay nothing unless we win.

Understanding Nursing Retaliation Under Texas Law

Nursing retaliation occurs when an employer punishes a healthcare worker for fulfilling their legal and ethical duty to report unsafe conditions, substandard care, or violations of professional standards. Under Texas Occupations Code § 301.413, employers are strictly prohibited from retaliating against nurses who, in good faith, report conduct that exposes patients to substantial risk of harm or violates minimum standards of professional practice.

What Constitutes Retaliation Against Nurses?

Retaliation can manifest in numerous ways:

Direct termination or constructive discharge following reports of patient safety concerns to management, supervisors, or regulatory agencies like the Texas Board of Nursing.

Disciplinary actions and negative performance reviews that appear shortly after protected reporting activity, including sudden written warnings or performance improvement plans as pretext for eventual termination.

Hostile work environment creation where nurses face harassment, isolation, reduced hours, unfavorable schedule changes, or denial of advancement opportunities after speaking up about patient safety.

The Legal Presumption That Protects You

Texas law creates a legal presumption of retaliation when adverse employment action occurs within 60 days of a protected report. This means if you’re terminated, suspended, demoted, or otherwise disciplined within two months of reporting patient safety concerns, the law presumes your employer’s action was retaliatory. The burden then shifts to your employer to prove their actions were taken for legitimate, non-retaliatory reasons. Federal laws including the False Claims Act provide additional safeguards for healthcare workers who report Medicare fraud, Medicaid abuse, or other violations.

Warning Signs of Nursing Retaliation

If you’re a healthcare worker who has reported patient safety concerns, watch for these warning signs of unlawful retaliation:

Sudden performance documentation where you previously received positive reviews but now face criticism immediately after making protected reports.

Exclusion from meetings or communications you previously attended, effectively isolating you from your team.

Schedule changes and hour reductions that come shortly after reporting concerns.

Assignment to less desirable duties as punishment for speaking up.

Documentation of alleged policy violations that seem minor or selectively enforced against you.

What To Do If You Face Nursing Retaliation

If you believe you’re experiencing retaliation for reporting patient safety concerns, take these important steps to protect your rights:

Document Everything: Keep detailed records of all incidents related to your protected reporting activity and subsequent adverse actions, including dates, times, witnesses, and specific details. Save copies of performance reviews, disciplinary notices, emails, text messages, and any other written communications.

Report Through Appropriate Channels: Continue reporting patient safety concerns through proper channels, including to your supervisor, facility administration, and regulatory agencies like the Texas Board of Nursing. Document all reports you make.

Preserve Evidence: Save all documents related to your employment, including your employee handbook, job descriptions, performance evaluations, and communications with management. If you have access to patient records documenting unsafe conditions you reported, ensure copies are preserved according to proper legal procedures.

Consult an Employment Attorney Immediately: Contact an experienced employment law attorney who handles nursing retaliation cases as soon as possible.

Call Doyle Dennis Avery LLP at 713-571-1146 for a free consultation about your situation.

Early legal guidance can help you avoid common mistakes and strengthen your potential claim.

Don’t Sign Anything Without Legal Review: If your employer asks you to sign any documents—including separation agreements, releases, or settlements—do not sign without having an attorney review them first. You may be giving up valuable legal rights without realizing it.

The Legal Process for Nursing Retaliation Claims

Understanding what to expect in a nursing retaliation case can help reduce anxiety and allow you to make informed decisions.

Initial Consultation: Your attorney will review the facts of your situation, examine your documentation, and assess the strength of your potential claim, discussing the timeline of events, your protected reports, and the adverse actions your employer took.

Investigation: Your attorney will conduct a thorough investigation, obtaining relevant employment records, medical records, witness statements, and internal company documents through legal discovery.

Pre-Litigation Efforts: Depending on your situation, your attorney may send a demand letter to your employer or file an administrative complaint with agencies like the Texas Workforce Commission Civil Rights Division.

Litigation: If pre-litigation efforts don’t result in fair resolution, your attorney will file a lawsuit in the appropriate Texas court. Texas law imposes strict deadlines for filing nursing retaliation claims—generally within two years of the adverse action, though shorter deadlines may apply. This makes it critical to consult with an attorney promptly after experiencing retaliation.

Compensation Available in Nursing Retaliation Cases

If you successfully prove nursing retaliation, Texas law provides various forms of compensation:

Lost wages and benefits including back pay from the date of termination through judgment, plus front pay if reinstatement isn’t feasible.

Emotional distress damages compensating you for mental anguish, anxiety, depression, and psychological harm caused by the retaliation.

Punitive damages available when an employer’s conduct was particularly egregious, malicious, or showed reckless indifference to your legal rights.

Attorney’s fees and costs meaning if you prevail, the court may order your employer to pay your legal expenses.

Reinstatement to your former position with the same benefits, seniority, and working conditions, though many nurses prefer compensation instead of returning to a hostile environment.

Why Healthcare Workers Must Be Protected

The protections afforded to nurses who report unsafe care aren’t just about protecting individual employees—they’re about protecting patients and public health. When healthcare workers fear retaliation for reporting dangerous practices, patient safety suffers, quality of care declines, regulatory oversight fails, and healthcare costs increase due to preventable errors. Texas lawmakers recognized these dangers when they enacted strong protections for healthcare whistleblowers, benefiting everyone who seeks medical care.

Contact Doyle Dennis Avery LLP for Nursing Retaliation Help

If you’re a nurse or healthcare worker who has been terminated, disciplined, or retaliated against for reporting patient safety concerns, you don’t have to face this situation alone. The experienced employment law attorneys at Doyle Dennis Avery LLP are committed to protecting healthcare professionals who do the right thing.

We understand the unique challenges facing nurses in Texas. We know that reporting unsafe care requires courage, and we’re prepared to fight for your rights in court if necessary.

Call 713-571-1146 today for a free case evaluation. We handle nursing retaliation cases on a contingency fee basis, which means you pay no attorney’s fees unless we win your case. Our office is available Monday through Friday, 8:30 AM to 5:30 PM CST.

Don’t let an employer get away with punishing you for protecting patients. Contact Doyle Dennis Avery LLP and let our experienced trial lawyers fight for the compensation and justice you deserve.

Frequently Asked Questions About Nursing Retaliation

What is nursing retaliation under Texas law?

Nursing retaliation occurs when an employer punishes a nurse or healthcare worker for reporting unsafe patient care, violations of professional standards, or other protected activity. Under Texas Occupations Code § 301.413, employers cannot legally terminate, discipline, or otherwise retaliate against nurses who make good-faith reports about conduct that exposes patients to substantial risk of harm or violates minimum standards of professional practice.

How do I prove my termination was retaliation and not for legitimate reasons?

Texas law creates a presumption of retaliation if adverse employment action occurs within 60 days of a protected report, shifting the burden to your employer to prove legitimate reasons. Strengthen your case by documenting the timeline, preserving evidence of contradictory employer explanations, showing positive performance reviews before reporting, and demonstrating that stated reasons for termination are pretextual.

Can I report patient safety concerns directly to the Texas Board of Nursing?

Yes, Texas law explicitly protects nurses who report concerns to regulatory agencies including the Texas Board of Nursing. You have the legal right to make good-faith reports to state and federal regulatory authorities about unsafe practices without fear of employer retaliation.

What should I do immediately after being terminated for reporting unsafe care?

Document everything related to your termination and the events leading up to it. Request copies of your personnel file and termination letter. Preserve all emails and communications. Avoid signing any documents without attorney review. Contact an experienced employment attorney immediately at 713-571-1146, as strict deadlines apply to filing retaliation claims.

How long do I have to file a nursing retaliation lawsuit in Texas?

Generally, you must file within two years of the adverse employment action under Texas law. However, shorter deadlines may apply depending on the specific statutes involved, making it critical to consult with an attorney immediately after experiencing retaliation.

What damages can I recover in a nursing retaliation case?

You may recover back pay, front pay, emotional distress damages, punitive damages if employer conduct was egregious, attorney’s fees and litigation costs, and potentially reinstatement to your former position. Specific damages depend on your case facts and applicable statutes.

Will filing a retaliation claim hurt my nursing career?

Your concerns about career impact are understandable, but employers who retaliate have already hurt your career by wrongfully terminating you. Texas law exists to protect nurses who report unsafe care. Many nurses successfully pursue retaliation claims and continue their careers. Future employers are prohibited from retaliating against you for asserting your legal rights.

Do I need a lawyer to file a nursing retaliation claim?

While not required, nursing retaliation cases involve complex legal issues, strict procedural requirements, and sophisticated defense strategies. An experienced employment attorney understands how to gather critical evidence, navigate legal deadlines, counter employer defenses, maximize compensation, and present compelling arguments. At Doyle Dennis Avery LLP, we handle cases on a contingency fee basis.

What if my employer says I was fired for poor performance, not retaliation?

Employers frequently offer pretextual reasons for terminating nurses who report unsafe care. Your attorney can challenge these explanations by demonstrating timing relationships between protected reports and adverse action, showing prior positive performance reviews, proving inconsistent policy application, and establishing that stated reasons were invented after termination.

Can I sue if I resigned instead of being directly fired?

Yes, if your employer created working conditions so intolerable that a reasonable person would feel compelled to resign, you may have a “constructive discharge” claim. This includes creating hostile work environments following protected reports, assigning dangerous duties as punishment, drastically reducing hours or pay, or subjecting you to harassment. Constructive discharge is treated the same as direct termination under retaliation laws.