Question

Marshall Ambulatory Surgery Center (MASC) has historically had a strong cul- ture of patient care excellence and em- ployee commitment. Two surgeons from the community started MASC 20 years ago and have continued to own and op- erate the center since then. A few weeks ago they brought in another surgeon as a partner. The new surgeon, although out- standing from a technical perspective, is not especially concerned about his bedside manner with patients or with encouraging employee engagement and commitment. In fact, he has already received numerous patient complaints about his communica- tion style, and the nursing staff is growing weary of his rude and aggressive approach to them. Things have recently escalated with regard to the new surgeon’s approach with the nursing staff. During a routine case, a patient developed an unanticipated bleed, and the surgeon became very annoyed and began shouting at the scrub nurse and throw- ing instruments. The bleeding was eventually differences in people with widely stopped and the surgery was successfully completed. Once the patient was stable and moved to the recovery room, the scrub nurse left the OR and went directly to the nurs- ing supervisor to file a complaint against the surgeon based on his actions during the surgery. The nursing supervisor, upon hearing about the events that just occurred, defended the surgeon and informed the nurse that she was overreacting and basically refused to take the complaint further. The scrub nurse was shocked by her supervisor’s response, and as she completed her shift, she contemplated whether she would continue to work for MASC and whether she should contact an attorney to discuss her rights in this situation. Questions : 1. What type of claim could the scrub nurse bring against MASC and the surgeon? 2. How should have the nursing supervisor responded to the scrub nurse?

Answer 1

1. ANS: The surgeon as well as MASC will be accountable for retaliation in case they are attempting to persuade or discourage the nurse to file a complaint.

Retaliation is not similar to hostile workplace or harassment and it is not about the people getting hack or getting revenue at anyone. Retaliation is all about making people afraid to assert their rights or to complain. In other words ft is the punishment given by the employer to employee for engaging in activities such as participating in workplace investigation or making complaint of harassment. Workplace retaliation is the adverse action taken by an employer, against an employee who had recently complained about workplace harassment or discrimination or is planning to file a lawsuit.

In this kind of situation, government has asked the employers to consider the complaint very seriously and take measures to address it. If the employer in turn, takes any action against the employee, the government has given the rights to employee to speak up and file against the retaliation.

2. ANS: The nursing supervisor needed to address the scrub nurse’s complaint diligently. He needed to conduct a background study to find out the validity of the complaint. Based on the validity, the surgeon could have been questioned and punished for his conduct with the subordinates.