X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Young’s e-mail address is gyoungnlj.com reversing a trial court decision, the Missouri Supreme Court held on July 29 that the waiver of sovereign immunity provided under the Omnibus Nursing Home Act applies to state government-run nursing home districts. Bachtel v. Miller County Nursing Home District, No. SC84835. Two at-will employees of a Missouri district told the staff at one nursing home there not to give anti-diarrhetic medication to residents infected with a highly infectious disease. An employee disregarded their warnings and ordered a nurse to administer the medication, causing one resident to fall ill and be hospitalized. After the at-will employees told the district board of directors of the abuse and filed a formal complaint with the Missouri Division of Aging, they were fired. The trial court dismissed their consolidated claim for wrongful discharge. After transferring the case from the intermediate-level Court of Appeals, the high court held that the omnibus act provides that nursing home employees, whether employed by private nursing homes or public districts, may not be retaliated against for reporting suspected incidents of patient abuse or neglect. The court concluded that the language allowing employees of nursing home districts to sue for retaliation constituted the express showing of legislative intent required to waive sovereign immunity.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.