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Medical and Health Care Malpractice Includes Doctor, Dentist, Druggist, Hospital and Nursing Home Malpractice



               


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Old 11-12-2008, 09:35 AM
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What is the name of your state (only U.S. law)? GA

I was recently fired from my nursing home job; they said it was due to not reporting an incident and assisting a resident by me when that resident needed two people to assist her. My first question is, do I have a leg to stand on so to say, I was never give a verbal or written notice of the incident, I was suspended for 4 day then fired on the fourth day. According to how I've read and interpreted the rules and regulations of the nursing home, one must first receive a verbal warning, then if that person continues with the above mentioned, then that person receives a written notice of the so called incident, then if it's still continues then that person can and should be fired. Well like I said I was never given a verbal or written notice. Where do I stand? Can I get them to give me my job back?

My second question is. Like I had just mentioned I worked in a Nursing Home, and I contracted MRSA from there. My doctor that I've been seeing stated that most likely that is where I received this infection. The question is.....What are my rights?, can I make them responsible for any pain and suffering, medical bills, attorney bills, and the reason I cannot get a job at this time, MRSA is very contagious, and if it gets into my blood stream it can be fatal....Where do I stand, if the nursing home didn't inform the staff that someone or more have MRSA.?What is the name of your state (only U.S. law)?
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Old 11-12-2008, 09:46 AM
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Quote:
Originally Posted by tinitott1 View Post
What is the name of your state (only U.S. law)? GA

I was recently fired from my nursing home job; they said it was due to not reporting an incident and assisting a resident by me when that resident needed two people to assist her. My first question is, do I have a leg to stand on so to say, I was never give a verbal or written notice of the incident, I was suspended for 4 day then fired on the fourth day. According to how I've read and interpreted the rules and regulations of the nursing home, one must first receive a verbal warning, then if that person continues with the above mentioned, then that person receives a written notice of the so called incident, then if it's still continues then that person can and should be fired. Well like I said I was never given a verbal or written notice. Where do I stand? Can I get them to give me my job back?

My second question is. Like I had just mentioned I worked in a Nursing Home, and I contracted MRSA from there. My doctor that I've been seeing stated that most likely that is where I received this infection. The question is.....What are my rights?, can I make them responsible for any pain and suffering, medical bills, attorney bills, and the reason I cannot get a job at this time, MRSA is very contagious, and if it gets into my blood stream it can be fatal....Where do I stand, if the nursing home didn't inform the staff that someone or more have MRSA.?What is the name of your state (only U.S. law)?
1. You did not follow your employer's policy when lifting a patient/reporting an incident. Yes, you can be fired.

2. Other than your medical bill, what are your losses? You'd have to prove you contracted MRSA from your employer.
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Old 11-12-2008, 10:17 AM
cbg cbg is offline
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There is nothing in the law that says you have to be given a warning before you can be fired. You can protest their not following the outlined procedure but the law is not going to force them to give you your job back. If they do so it will be of their own choice, not because any laws were violated in firing you.

This presumes that you do not have a contract or CBA that GUARANTEES you will not be fired without a warning.
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Old 11-12-2008, 11:02 AM
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You can try to make a workers comp claim for the MRSA but since you never reported it to your employer as soon as you found out about it so that it could be properly documented, you will have an uphill battle. I agree it's not likely you got it from anywhere else, but waiting until after you were fired to report the incident makes the claim suspect from the start.
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