Woman sues former employer, supervisor for unlawful discharge

By Kyla Asbury | Dec 3, 2009

WINFIELD -- A woman is suing her former employer and supervisor after she claims she was fired for reporting numerous patient safety violations.

Lynn Gomez worked as a registered nurse for SSA Teays Valley ALF, which was doing business as Broadmore Estates at Teays Valley and claims she witnessed and reported numerous patient safety violations during the course of her employment, according to a complaint filed Nov. 12 in Putnam Circuit Court.

Gomez claims when she began working for SSA in February 2009, she noticed patient charts and medical records that were in disarray and also noticed there was not adequate staffing.

During her first week, Gomez claims she noticed one of the nurses regularly came to work with alcohol on her breath and the nurse would also refuse to account for narcotics at the start and end of her shifts.

Gomez claims she saw various other patient safety violations throughout her employment, including a patient being administered two doses of insulin because the first dose was not noted in the patient's medical record and a nighttime nurse cussing and mistreating patients. She claims Delores Miles, her supervisor, was aware of these and ignored the complaints.

Gomez is suing on counts of violation of the West Virginia Patient Safety Act, constructive retaliation discharge and severe emotional distress. She is seeking back pay, including all benefits; for the court to cease and desist SSA from engaging in unlawful conduct; front pay; compensatory damages; punitive damages; and all other damages, including liquidated damages.

The case has been assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 09-C-500

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