A career in healthcare can be very gratifying. Nursing teams are  responsible for patients’ health needs. Nurses are accountable for majority of the care experience. When things go wrong, nurses are at risk of harsh consequences such as job insecurity, suspension of privileges, licenses, and sometimes legal action. Nurses may also be in precarious positions with employers related to staffing shortages, work injuries, discrepancies with compensation and discriminatory actions. Who advocates for nurses?

This article is a brief guide to pathways for legal consultation and advocacy for nurses in need, yet unaware of accessible resources. Every nurse should maintain a personal malpractice insurance policy for the workplace. Some employers offer coverage as part of fringe benefit packages. However, the employer owns the policy, and the interest of beneficial gain from insurance claims. Nurses are left vulnerable and subject to consequences that may significantly impact their lives and livelihood. It may be necessary to consult with a legal advocate. But, knowing who, and how to proceed should not be a daunting task. Attorney fees can be costly, accompanied by mounting negative pressures from work. Oftentimes, legal referrals from the courts exclude employment law.

Finding an Advocate

Perform a general search for healthcare and/or employment attorneys who practice in state. Be open to free consultations. Prepare a list of questions to make the meeting more purposeful. Speak up, be assertive, and gain insight into the attorney’s knowledge of healthcare systems and roles of the nurse. Little things matter. A depiction of your experience increases clarity of the concern. Save and send all email or text messages as tangible records of communication with the employer. If the attorney takes your case, maintain weekly check ins for updates. Inquire about other agencies or groups to further advocate for your interests.

Law schools may offer free or low-cost consultation services. They can answer basic questions and help navigate the legal system and complete forms. The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws to prohibit improper practices in the workplace (EEOC, 2024). They serve as a liaison between parties, posing inquiry for information to justify legal intervention. Filing a complaint with the EEOC is free, accessible online or in person, and usually an initial step to court proceedings. They offer resources for help with legal forms and documentation (EEOC, 2024).

Healthcare is big business in the U.S. Nurse training does not thoroughly educate about the business of healthcare and its legal extensions. Large corporations use financial superiority to leverage legal advantages. Nurses should not allow finances or corporate intimidation to discourage advocating for rights. There are resources to file claims and seek restitution for offenses at work. Finding a legal advocate requires diligence. Pursuing a legal case takes patience and endurance. Be proactive if you suspect employment is not right or fair. It isn’t worth your career or hard work and may prevent a lawsuit.

References

U.S. Equal Employment Opportunity Commission (2024). Overview: U.S. Equal Employment Opportunity Commission. EEOC.gov. Retrieved on October 23, 2024, from  https://www.eeoc.gov/overview