Court Grants New Trial in Case of Nurse Who Alleged Retaliation for Safety Complaints

August 23, 2023 | Strategic Insights for Health System


A jury found that a nurse was fired in part in retaliation for her safety complaints and not, as the hospital argued, because of her bullying behavior toward her fellow nurses. However, an Oregon appeals court has granted a new trial after finding that the trial judge erroneously instructed the jury that it could impute the bias of fellow employees to the employer.

The nurse had worked for the defendant hospital for 14 years as a registered nurse first assistant in eye surgery when the hospital was acquired by a new ownership group in 2013. The nurse was fired in March 2017. According to the hospital, the nurse's termination was due to her rude and aggressive behavior toward other nurses. The nurse sued, however, alleging that the termination was in...

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