Whistleblower Retaliation and Wrongful Termination from a Hospital or Healthcare Facility
The state of Texas has enacted specific laws protecting whistleblower employees from retaliation from hospitals, mental-health facilities, treatment facilities and nursing homes.
If you have witnessed and reported incidents of code violations, patient safety issues, improper handling of patients or patient records, Texas law protects you and your job.
The attorneys of Hughes Ellzey can help if your job has been terminated or threatened, your performance reviews have suffered, or if your benefits have been cut as a result of whistleblowing.
If you are an employee of a hospital or healthcare facility you cannot be fired, demoted or harassed for reporting any of the following to superiors, co-workers, administrators or state enforcement agencies:
- Code violations
- Abuse of patients
- Neglect of patients
- Unprofessional or unethical conduct
- Violations of law
Texas Health and Safety Code Sec 161.134:
RETALIATION AGAINST EMPLOYEES PROHIBITED
- A hospital, mental health care facility, or treatment facility may not suspend or terminate the employment of or discipline or otherwise discriminate against an employee for reporting to the employee’s supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency a violation of law including a violation of this chapter, a rule adopted under this chapter, or a rule adopted, or a rule adopted by the Texas Board of Mental Health and Mental Retardation, the Texas Board of Health, or the Texas Commission on Alcohol and Drug Abuse.
- A hospital, mental health facility, or treatment facility that violates Subsection (a) is liable to the person discriminated against. A person who has been discriminated against in violation of Subsection (a) may sue for injunctive relief, damages, or both.
There is a time limit for action. A plaintiff must sue within 180 days after the alleged violation, so finding the right lawyer quickly to handle your case is a priority. The attorneys of Hughes Ellzey have experience fighting medical institutions in these complicated employment matters.
A person retaliated and discriminated against may also sue for damages for mental anguish, punitive damages, and attorney fees as well as:
- Reinstatement in the plaintiff’s former position
- Compensation for lost wages
- Reinstatement of benefits and seniority rights
For example, the law protects:
- A nursing home employee discharged for whistleblowing
- A hospital, mental health facility, or treatment facility employee discharged for whistleblowing or reporting code violations
- A physician discharged for reporting the acts of another physician to the State Board of Medical Examiners
- A registered nurse discharged for reporting incidents of improper nursing to the Texas Board of Nursing
- An employee reporting mishandling of patient records or patient confidential information to the State Medical Board or Attorney General’s office
If your job has been threatened or terminated, if you have suffered coercion or harassment because you reported code, ethical or legal violations, contact Hughes Ellzey today.
If you need help and want a free legal consultation, please contact a whistleblower attorney at Hughes Ellzey, LLP by calling toll-free 888-350-3931, or send us your contact information using our contact form. An attorney will call you as soon as possible after receiving your contact information.
Read about one of our pending medical whistleblower cases, Ison v Temple CCS MHMR.