Legal Question in Civil Rights Law in Louisiana

Harrasment filing false report?

A nurse at a local hospital and was given an inappropriate order by a physician that was would have violated hospital policy and was unethical. The nurse consulted with a supervisor and the supervisor agree that the order should not be followed. Since this incident occurred, the Physician has harassed this nurse, has made statement of the nurses competency and has refused to allow this nurse to treat any of her patients. The hospital administrations has fully supported the actions of the nurse and has informed the Physician that she must not continue this behavior toward the nurse. The physician later filed a formal complaint to professional board in an attempt to have the nurses license suspended or revoked. Is this not harassment? Can this physician be held accountable for her actions?


Asked on 2/04/07, 4:16 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Harrasment filing false report?

Dear LawGuru Friend,

There may be better lawyers to answer this question for you, but I'll do my best. Yes, everybody is accountable for his or her actions; although in legal contexts and settings, sometimes certain actions are what are called "privileged"; and that means that the one accused of wrong-doing cannot be prosecuted and/or held civilly liable for resulting damages, for filing a report with a certain regulating agency, lest one be placed in a position where such report should be filed, but the reporter/complaintant be afraid of the civil and/or criminal damage risks of making such a report; and, therefore, he or she would not make it. To encourage needed reports to be made, then those holding certain positions are, in some cases, granted an "immunity" from criminal and/or civil damage actions. There is a chance that the M.D. would be immune from a damage action, even if she does file an unfounded complaint against you. On the other hand, since the physician has ordered you to do an unethical act, it appears that you may have a much better privileged and protected standing to file a complaint with the property governing authority or board against her than she has against you. You should look into filing a complaint against this obviously unethical medical doctor. As in most cases, there is more to it all than this, but this is something to consider. Good luck to you! Stand your ground! You and your role are just as important to the medical professions as that physician.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 2/04/07, 11:03 pm


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