Lawsuit Alleges Wrongful Termination for Reporting Nursing Abuse, Neglect

A Texas nurse has filed a lawsuit alleging she was fired after reporting issues with abuse and neglect by another nurse. 

Susan J. Rapp is pursuing a wrongful termination lawsuit against Maxim Healthcare Services, indicating that the company responded to her reports that a patient under her care had been neglected and abused by another nurse by terminating her employment. Rapp, a licensed vocational nurse (LCN), provided home care to nursing services to patients as an employee of the company.

According to the complaint (PDF), Rapp was providing service to a patient at night when she determined that the daytime nurse had neglected and abused the patient. The company did not resolve the issue and Rapp continued to report it.

The lawsuit indicates that on June 29, 2012, Rapp’s supervisors ordered her not to document incidents of abuse, and then fired her less than two weeks later for inappropriately documenting the patient’s medical records. Rapp claims that the firing was in response to her efforts to watch out for the patient’s well being and to report incidents of nursing abuse and neglect.

The complaint was originally filed in Denton County District Court, but was transferred to U.S. District Court for the Eastern District of Texas on January 28.

Rapp is suing the company for damages linked to mental anguish, compensation for past and future lost wages, reinstatement of former position, exemplary damages, reinstatement of lost fringe benefits or seniority rights, legal fees, and is seeking an injunctive relief to be reinstated to her previous job. She had worked for the company, which provides home nursing care, since June 6, 2009.