Nurse Claims Retaliation in Employment Lawsuit

A home health care nurse has filed suit against her former employer, claiming she was fired in retaliation for reporting patient neglect.

Susan Rapp filed the lawsuit naming Maxim Healthcare Services, Inc. as defendant. Rapp was employed by Maxim providing nursing services on the late shift at a patient’s home when she noticed that the day nurse was apparently failing to provide necessary care to the patient. Rapp allegedly reported the neglect to her supervisors, but she claims the situation did not change and that she was told not to document what she had observed in the patient’s medical records.

Approximately two weeks later, Maxim Healthcare terminated Rapp’s employment, allegedly because of unprofessional behavior, inappropriate documentation in medical records and crossing professional boundaries.

Rapp filed suit in Denton Circuit Court and the defendant removed the case to the Eastern District of Texas, Sherman Division, where it is assigned to U.S. District Judge Richard A. Schell.

Rapp alleges violation of the Texas Occupations Code. Rapp claims to have made a report required or authorized under the Code, or that she reasonably believed was required or authorized under it, and to be protected from retaliation.

The lawsuit requests damages for mental anguish, exemplary damages, attorney’s fees, court costs, compensation for lost wages, and reinstatement to Rapp’s former position or three months’ severance pay. A jury trial is requested.