Nurse Whistleblowers
Doyle Dennis Avery LLP represents nurses within the state of Texas who have either reported illegal or wrongful conduct or refused to engage in an act that is illegal or endangers patient safety. Specifically, in passing Texas Occupations Code § 301.352, § 301.413, and § 301.4025, the Texas legislature provided important protection for nurses who report illegal or unsafe conduct.
What is protected?
Under the Texas Occupations Code, an employer may not retaliate against a nurse for:
- Makes a good faith report under the occupational code, including, a report where the “nurse has reasonable cause to believe exposes 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,”
- Requests, in good faith, a nursing peer review committee determination,
- Refuses to engage in conduct relating to patient care that would (1) constitute grounds for reporting the nurse to the board, (2) that constitutes a minor incident, or (3) that violates the Occupational Code or a board rule “if the nurse notifies the person at the time of the refusal that the reason for refusing is that the act or omission: (1) constitutes grounds for reporting the nurse to the board; or (2) is a violation of this chapter or a rule of the board,” or
- Advises a nurse of the nurse's right to make a protected report.
Importantly, Texas Courts have concluded that verbal reports by a nurse satisfy the reporting requirements above. Therefore, a nurse may not need to make a written report of misconduct or illegal activity.
What is wrongful termination or retaliation?
Texas law provides a nurse cause of action against an employer who suspends, terminates, disciplines, discriminates against, or retaliates against the nurse for engaging in the protected activity above. As a result, if a nurse is exposed to this type of conduct by their employer, they may have a cause of action.
What other claims are available?
In addition to the protection for nurses in Texas Occupations Code § 301.352, § 301.413, and § 301.4025, a nurse may have other causes of actions available, including a Sabine Pilot retaliation claim, tortious interference, defamation, and Texas Administrative Code § 133.43 and Texas Health and Safety Code § 161.134.
What are the deadlines for filing a wrongful termination or retaliation claim?
A nurse who has been retaliated against must file a claim within 180 days that the nurse received notice of the adverse action.
What Damages are available?
Nurses may recover lost past and future wages, mental anguish, punitive damages, and reasonable attorney’s fees for violations of the Texas Occupational Code.
