I am a occupational therapist. I was employed at a skilled nursing facility. My Director wanted me to treat residents without a signed treatment order, I refused telling her that I could lose my license to practice. She stated that it wouldn't be my license, it would be the administrators license in jeopordy. I disagreed with this and spoke to the administrator about this. My Director then treated me terribly, harassed, wrote me up. I then went to the CEO and explained my situation and also told him that I could lose my license if I treated residents prior to receiving the signed treatment order and also told him of other unethical procedures happening in the rehab dept. The CEO told me there would be an investigation without my Director knowing and we set up an appointment for the following week to meet so he could tell me his findings. Within that week, I was written up again and at this time the H.R. Director told me that my Director knew about my allegations and that the administrator was suppose to provide to me, on friday, a written document stating that it was OK for me to treat res. without that signed treatment order. On Friday, my director didn't show up for work and the administrator couldn't provide me with any documentation because he was waitng for my Director to give it to him and she wasn't there that day (this is what the Director of HR told me). I was then terminated by my Director Tues. morning. The day of my termination, I was supposed to meet with the CEO in the am and he never showed for his appointment with me, about 1.5 hours latter I was terminated. THe night before my termination I had a fire at a cabin that I own, it burned to the ground and it was deemed arson. I truely beleive this was also because of my allegations.
I made numerous calls to the CEO after my termination and he did finally reply with a letter stating that their current policies of treating prior to receipt of the treatment order was an acceptable procedure.
I then wrote a letter to the board members of the coorporation citing the laws and regulations of the unethical procedures being performed at this nursing home. The CEO replied again stating that nothing was being sone wrong. I had asked for the cahirman of the board to contact me, but nver heard from any of the other board members. There is alot more to this I tried to summarize everything.
I have contacted a few lawyers. THe first one appeared to know the laws, but didn't have time to take my case. She then referred me to another lawyer. I met with him, but he doesn't know anything about healthcare laws and I feel that knowing the healthcare laws in my case is very important. He is wondering if I have a protected allegation for a whistlerblower case? Since it is against my state practice act (and I showed him the practice act) wouldn't that be a protected activity??? HE wanted me to get a statement for the NY State Education department that it is a protected law, but they wouln't make that statement. They did quote the regulation to me, but I already know this and it does state that I need a signed treatment order prior to providing treatment.
I also feel I have a false claims act against the nursing home. Can I say anything about that on this site without risking the relators claim??
I have tried to find another lawyer within a close proximity to me about 70 miles that knows the healthcare laws, but I haven't had any success.
Can you recommend any healthcare lawyers close to the Buffalo area? I live about 60 miles away from BUffalo.

