Posted on Oct 30, 2015
Which is more important, an employee's rights or a patient's rights?
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http://www.marinecorpstimes.com/story/veterans/2015/10/30/wisconsin-va-hospital-official-dubbed-candy-man-fired/74898232/
In another posting about Unions, many have opine that they serve no useful purpose. I argue, here's an example of how the unions have caused what would in the private sector be a no brainer of an employment action to immediately fire someone, to an example of how much waste we have in the federal government in preparing for a removal. On paid leave for 10 months, collecting a salary well over $100,000/yr. I didn't notice in the article that VA did it's due diligence and report this clinician to the licensing board, but I hope so.
In another posting about Unions, many have opine that they serve no useful purpose. I argue, here's an example of how the unions have caused what would in the private sector be a no brainer of an employment action to immediately fire someone, to an example of how much waste we have in the federal government in preparing for a removal. On paid leave for 10 months, collecting a salary well over $100,000/yr. I didn't notice in the article that VA did it's due diligence and report this clinician to the licensing board, but I hope so.
Healthcare
Drugs
Disabled Veterans
Edited 10 y ago
Posted 10 y ago
Responses: 8
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I believe that in cases such as this, the patient is the reason for the employee, as such there would be no employee without the patient. As well, the implicit trust which must exist between patient and employee means that the patient has to believe they are the most important thing to that physician/employee. The question has no real answer, if given in another context other than to backup or bash this particular instance. Because in the world of business/healthcare/anything else both sides are important. I do not believe the rights of one over ride the rights of the other.
Reading what limited information is in this article I would say it sounds/looks like a procedure was followed which resulted in administrative action after an incident occurred. It is unfortunate that a highlighted fatality especially of one of my Marine brothers had to be the catalyst; but in a culture where fear of losing ones job overrides the duty one should feel to the safety of those in their charge things like this will happen.
I think that for something to go on so long that not only the provider but the institution gains a moniker with no oversight or investigation is at the root of the issue.
Reading what limited information is in this article I would say it sounds/looks like a procedure was followed which resulted in administrative action after an incident occurred. It is unfortunate that a highlighted fatality especially of one of my Marine brothers had to be the catalyst; but in a culture where fear of losing ones job overrides the duty one should feel to the safety of those in their charge things like this will happen.
I think that for something to go on so long that not only the provider but the institution gains a moniker with no oversight or investigation is at the root of the issue.
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If an employee is incapable of providing the care their job requires of them, they do not deserve the job.
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I realize a lot of people do NOT like unions.. okay! They are Political,, like Congress they can be very dysfunctional.. Retired G. M. Union Labor ! Without GM and the UAW, I would be homeless, or more likely, Dead.. For Cancer and Heart Disease, VA gave me a hearing test and a pair of eye glasses.. That is all... With union negotiations at GM, 14 major surgeries were paid for !! I was able to retire from GM and so far, keep cancer in RE-MISSION..
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Though I'm not a doctor by any means I am a member of the medical field. As a medical professional I can set that I have always prided myself as someone who put the patient before her own needs, but I think that the key direction of thought should be "does the action put a person in danger?". It shouldn't be "who is more important?" because you will always find that the are too many variables in patient care to determine that. Plus, a simple situation can turn into a difficult situation at the drop off a hat. In this case, was the provider wrong for their actions? I'd say so, but I'm also not sure it's ever that cut and dry.
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Sgt Spencer Sikder
Many in the VA have looked towards the clinician at fault for not controlling the situation.
However, if it's a senior member, many times they support that member at all costs. Leadership tends to ignore the subordinate staff who complains and writes them off as disgruntled.
However, if it's a senior member, many times they support that member at all costs. Leadership tends to ignore the subordinate staff who complains and writes them off as disgruntled.
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Sgt Spencer Sikder
You got me CAPT Tom Bersson. I supposed I should have phrased it, employee's rights. Thanks for the correction.
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Sgt Spencer Sikder
Of course not he wasn't a union member, however, VA lost a case in the 90's known as the Von Zemensky decision which seems to have VA treading very carefully to ensure success before the courts. At that time they tried removing Title 38 staff (what clinicians fall under) in a RIF. The courts ruled essentially that the Title 38 staff must get the same protections afforded all employees in the agency.
The Von Zemensky case isn't the only one, but it's one that comes to mind.
The Von Zemensky case isn't the only one, but it's one that comes to mind.
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That is an interesting question Sgt Spencer Sikder. Some unions are certainly beneficial while others seem to be focused on advancing the union at the cost of employee benefits.
I would hope that patients rights would be respected and the patients responsibilities would be followed through. I am glad to learn that the patients exercised their responsibilities by formally complaining about the Wisconsin Veterans Affairs Medical Center, who was nicknamed "candy man" for handing out "excess" narcotics.
I concur with you that I hope the VA did it's due diligence and report this clinician to the licensing board.
I would hope that patients rights would be respected and the patients responsibilities would be followed through. I am glad to learn that the patients exercised their responsibilities by formally complaining about the Wisconsin Veterans Affairs Medical Center, who was nicknamed "candy man" for handing out "excess" narcotics.
I concur with you that I hope the VA did it's due diligence and report this clinician to the licensing board.
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Sgt Spencer Sikder
Wasn't meant to be PV2(P) Isaiah Riley. It I suppose is the slippery slope we face when we demand justice and that justice is for someone else. Of course many of us would not have placed ourselves in this situation, however, think about the hordes of people coming to the borders in Europe seeking refuge, which one to you take care of and which one do you turn away. When faced with many veterans demanding relief from the pains and wounds of combat and only so many people to accomplish that task, what do you do? I'm not defending this clinician by any means.
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