HOUSTON – A traveling nurse who resides in Los Angeles has
pursued legal action against HCA Health Services of Texas, Inc. and Pasadena
Bayshore Hospital, Inc., claiming the entities tortuously interfered with her
existing contract with her placement agency.
In a lawsuit filed Nov. 1 in the Houston Division of the
Southern District of Texas, Ganesa Rosales asserts that the defendants fired
her in retaliation for reporting violations of the Texas Administrative Code
and Standards of Nursing Practice at Bayshore Hospital in Pasadena.
Rosales became a traveling nurse after she and her physician
husband moved to Southern California last June. American Mobile Network signed
her to a 13-week contract and deployed her to the geriatric psych unit at
Bayshore in August.
A month later, AMN notified the plaintiff that her contract
was extended to which she accepted.
Per recent court documents, Rosales worked with two patients
who were supposedly fall risks. Though she informed the respondents that said
patients required one-on-one care, they state, no immediate action was taken.
One of the patients, an elderly woman suffering from
dementia and a heart condition, experienced a fall resulting in a head injury,
the original petition says.
Rosales adds that she noticed staff members in her unit
ignoring an 85-year-old cancer patient “crying out for help from her room.”
“When it was clear her supervisors were not going to dress
the substandard care and ongoing nursing code violations, the plaintiff stayed
late after a shift to speak with the head nursing coordinator in his office,”
the suit says.
“The plaintiff explained all of her concerns about what she
had witnessed, as well as the numerous violations of nursing code and standards
of practice. The nursing coordinator thanked her for her report but did not
discuss taking any corrective action.”
The plaintiff reportedly filed “no less than” ten reports of
violations of law to her supervisors, including one in-person report to the
head nursing coordinator.
Rosales further shows that the defendants called her as she traveled
to L.A. last month to tell her she needed to undergo a drug test upon her
return to work, alleging the causes for the test were dubious. She took the
test, but was suspended pending the results, the complaint says.
According to the suit, Rosales tested negative, but the
defendants terminated her. AMN, which is not a party in the case, removed her
from its roster and voided her contract.
The complainant believes her firing had to do with her
efforts to address workplace violations.
She consequently seeks unspecified monetary damages and a
Attorney Jarrett L. Ellzey of the law firm Hughes Ellzey,
LLP in Houston is representing Rosales.
Houston Division of the Southern District of Texas Case No.