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Goodman v. Wesley Medical Center10/31/2003
Affirmed.
This is an appeal in a wrongful termination suit brought by Alison K. Goodman against Wesley Medical Center, L.L.C. (Wesley). The trial court granted Wesley's motion for summary judgment.
Goodman appeals, claiming: (1) The trial court did not consider whether Wesley's reason for terminating her was pretextual, (2) there was insufficient evidence to support Wesley's claim that she breached its confidentiality policy, (3) the trial court failed to consider her claim for wrongful demotion, and (4) the trial court erroneously granted summary judgment against her on her issue of implied contract. Wesley cross-appeals the trial court's finding that the Kansas Nurse Practice Act (KNPA), K.S.A. 65-1113 et seq., provided the public policy rules, regulations, or laws as the basis of Goodman's retaliatory discharge claim.
Goodman worked at Wesley in the general float pool and could be assigned to work on any medical or surgical unit or any intensive care unit (ICU) at Wesley. Her position paid more because of the flexibility and different levels of training required.
Goodman, on occasion, complained about staffing and at times refused to accept patient assignments. As a result, other nurses complained about Goodman, and several of the unit managers requested that she not be assigned to their units. Eventually, Goodman was offered a position in the ICU float pool. An ICU float nurse could be assigned in any ICU in the hospital but not in the medical or surgical units. Less flexibility was required for nurses permanently assigned to the ICU float pool, so they were paid less than general float pool nurses. Goodman agreed to accept the restricted assignment, but did so under protest.
In May 2000, Wesley was a defendant in a lawsuit alleging negligence due to understaffing. Goodman had not been involved in the medical care of the patient involved, Shirley Keck. Nevertheless, Keck's attorney, Brad Prochaska, contacted Goodman after having heard that she might be able to substantiate a claim of understaffing at Wesley.
Goodman met with Prochaska, agreed to be a witness for him, gave him Wesley documents which she contended would substantiate the claim of understaffing, and asked his advice regarding her recent assignment to the ICU float pool, which she considered to be a demotion. The documents provided by Goodman to Prochaska included names and treatment information for Wesley patients other than Keck. Prochaska attached the documents from Goodman to a pleading in the Keck case without redacting the other patients' names or treatment information.
Goodman's superiors at Wesley asked her if she had provided the documents to Prochaska. Goodman refused to respond directly, stating that she "did nothing wrong." Goodman was terminated for breaching Wesley's policies concerning patient confidentiality.
Goodman sued Wesley, claiming that she had been terminated in retaliation for reporting Wesley's alleged unsafe nursing practices. The trial court granted Wesley's motion for summary judgment, concluding that the KNPA provides the public policy rules, regulations, and laws for any retaliatory discharge claim Goodman might have had.
BASIS FOR TERMINATION
Goodman first argues that the trial court erred in its ruling because it did not consider whether Wesley's basis for terminating her was pretextual.
The trial court specifically found: "Goodman failed to establish a genuine issue of material fact on her claim that Wesley's decisions regarding her employment were pretext for a retaliatory motive, and thus plaintiff's claims of retaliation are dismissed." Wesley argues that Goodman
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