Question: M​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​arshall Ambulatory Surgery Center (MASC) has historically had a strong culture of patient care excellence and employee commitment.

M​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​arshall Ambulatory Surgery Center (MASC) has historically had a strong culture of patient care excellence and employee commitment. Two surgeons from the community started MASC 20 years ago and have continued to own and operate the center since then. A few weeks ago they brought in another surgeon as a partner. The new surgeon, although outstanding from a technical perspective, is not especially concerned about his bedside manner with patients or with encouraging employee engagement and commitment. In fact, he has already received numerous patient complaints about his communication style, and the nursing staff is growing weary of his rude and aggressive approach to them. Things have recently escalated with regard to the new surgeon’s approach with the nursing staff. During a routine case, a patient developed an unanticipated bleed, and the surgeon became very annoyed and began shouting at the scrub n​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​urse and throwing instruments. The bleeding was eventually stopped and the surgery was successfully completed. Once the patient was stable and moved to the recovery room, the scrub nurse left the OR and went directly to the nursing supervisor to file a complaint against the surgeon based on his actions during the surgery. The nursing supervisor, upon hearing about the events that just occurred, defended the surgeon and informed the nurse that she was overreacting and basically refused to take the complaint further. The scrub nurse was shocked by her supervisor’s response, and as she completed her shift, she contemplated whether she would continue to work for MASC and whether she should contact an attorney to discuss her rights in this situation.

Questions:

What type of claim could the scrub nurse bring against MASC and the surgeon? How should have the nursing supervisor responded to the scrub n​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​urse?