Turner v. Memorial Medical Center

911 N.E.2d 369 (2009)

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Nature of the Case

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Facts

P is a trained and licensed respiratory therapist. P was employed by D, a community hospital. P had consistently met legitimate employment expectations, and his employment evaluations all indicated excellent work performance. The Joint Commission on Accreditation of Healthcare Organizations performed an on-site survey at D. The Commission is an independent, not-for-profit organization that establishes various healthcare standards and evaluates an organization's compliance with those standards and other accreditation requirements. Failure to receive this accreditation would result in the loss of federal Medicare/Medicaid funding. Memorial uses a computer charting program to electronically chart a patient's file. The Commission standard is that electronic charting be performed immediately after care is provided to a patient. D's respiratory therapy department did not require immediate charting but to chart at some point during his or her shift. P was asked to speak with a surveyor. from the Commission. D's vice-president of patient care services was present. P truthfully advised the surveyor of the discrepancy with D's electronic charting. P claimed that this deviation was jeopardizing patient safety. Shortly thereafter, D discharged P. P sued D for retaliatory discharge. P alleged that Illinois law recognizes patient rights and the right of each patient to care consistent with sound nursing and medical practices. P alleged that D's failure 'was not consistent with sound medical practices' and 'jeopardized the safety of patients.' P claimed D 'violated a public policy that encourages employees to report actions that jeopardize patient health and safety.' The circuit court dismissed P's complaint because the complaint was legally insufficient. P failed to establish the existence of a public policy that a provision of law clearly mandated which D allegedly violated by discharging P. The appellate court affirmed. P appealed.