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View Full Version : Scapegoat-one who takes the fall for errors of others


casper
09-24-2004, 02:05 PM
A large, well known medical institution has terminated me in order to prevent inquiries into a faulty, unreliable electronic information software application they had been using to communicate patient test results to the patients' doctors. One of the main faults of the now former information system is that it permitted unauthorized pathology reports to generate for transmission to physicians. The system has since been replaced with a more reliable system with improved capability of signaling important errors, and flagging and halting any report requiring final pathologist review and sign out before going out to physicians.
While still a new employee, using this old information system before it was replaced, I made a keying error which inadvertently added an erroneous comment to a negative diagnosis which should have been 1.) immediately picked up and kicked out by the computer as unauthorized and as an error due to it's intrinsic diagnostic contradiction [one cannot be both negative and not negative at the same time, as even the general public can figure out) and 2.) even then thusly questioned by the patient's doctor before he proceeded to order an unnecessary biopsy which then led to the patient legal basis for claiming emotional distress despite the predictable negative outcome of the unnecessary biopsy her doctor had erroneously ordered.
As the hospital's scapegoat, now personally facing real difficulty finding a new job in my skilled profession, I must have the record corrected by having ALL the true facts made public in order to clear my name and reclaim a viable employment future for myself.
Comments please to point me to legitimate and effective ways to accomplish this. It is I also who has endured enormous emotional distress as a result of all this. My thanks.

LConnell
09-24-2004, 04:55 PM
You can file a complaint through JCAHO (the Joint Comission of Accreditation of Hospital Organizations). JCAHO is the organization that monitors hospital standards of care for their patients. The following statement is from the JCAHO website: "To obtain information on how to report a complaint, call JCAHO's toll free complaint hot line, (800) 994-6610. To file a complaint: Summarize the issue in no more than two pages and provide the name, street address, city and state of the accredited health care organization.
Send your complaint via e-mail to complaint@jcaho.org, by fax to the Office of Quality Monitoring at (630) 792-5636, or by mail to the Office of Quality Monitoring, JCAHO, One Renaissance Blvd., Oakbrook Terrace, IL, 60181.
A copy of the Quality Incident Report form that may be used to file a complaint can be found on the general public section of JCAHO's website."

You may be protected from retaliation against your employer on the basis of whistleblower statutes. Whistleblower statutes are found at both the federal and state levels.

Let me know if you have any other questions.

casper
09-26-2004, 01:34 PM
This is a route I hadn't considered. How would the whistle blower protections apply to me now that I'm no longer working there? And how might that effect my job search efforts? Thank you.

LConnell
09-26-2004, 02:00 PM
Whistleblower protections may still apply...should your former employer decide to take action against you or should they do things like give you a poor reference.

In addition, it would be illegal for prospective employers to discriminate against you for your actions. As I mentioned, though, whisteblower protections vary from state to state. You may want to do a search on the Internet for whistleblowing and your state, to see what you can find.

Good luck.

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