Robinson v. St. John Med. Ctr., Inc. (Summary)

RETALIATORY DISCHARGE

Robinson v. St. John Med. Ctr., Inc., No. 12-CV-109-JED-FHM (N.D. Okla. Sept. 25, 2013)

The United States District Court for the Northern District of Oklahoma denied a hospital’s motion to dismiss a nurse’s public policy tort claim, which alleged that she was terminated for complaining about improper medical care given to a patient. The nurse, who was also the RN case manager, noticed that a patient who had been admitted for sickle cell anemia was in great pain and was not being provided the minimum treatment.  This prompted her to report her concerns to the hospital’s resident physicians and her supervisor, who told her to stop managing the case.  Within a week or two, the nurse was terminated, with the explanation that she was terminated for undermining a physician.

She sued for discrimination pursuant to §1981, Title VII and the state antidiscrimination statute and also alleged a public policy tort (an exception to the at-will employment doctrine in cases where termination is contrary to a clear mandate of public policy as articulated in the constitution, a statute, or judicial law, the “public policy tort” provides a tort claim for an employee who is discharged for refusing to act in violation of an established and well-defined public policy or for performing an act that is consistent with a clear and compelling public policy).  The hospital sought dismissal only of the public policy tort, arguing that the nurse did not establish a clear mandate of public policy which was implicated in her termination.  The court disagreed, noting that the nurse cited nursing regulations which required proper care to be provided to patients and alleged that she was terminated for performing acts consistent with those regulations.  Those allegations were sufficient to allow the claim to move forward.