Nurse fired after refusing to illegally administer medication has viable claim against nursing home
Janine Brown sued after she was fired by Golden Oaks Medical Care Facility. She claimed the firing was prompted by her refusal to illegally administer insulin. Under the law, Ms. Brown, an L.P.N., is not a "prescriber" allowed to administer the drug. The lower court had construed Brown's claim as a Whistleblower Protection Act claim and ruled that Brown was not protected by this statute. The Court of Appeals corrected the lower court, holding that Brown's firing was illegal if it constituted a violation of public policy. Interpreting Brown's allegations properly at the time of summary disposition required that the case be reinstated to allow her an opportunity to prove her allegations.