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Kirk v. Mercy Hospital Tri-County

851 S.W.2d 617 (1993)

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Kirk v. Mercy Hospital Tri-County

Missouri Court of Appeals
851 S.W.2d 617 (1993)

  • Written by Robert Cane, JD
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Facts

Pauline Kirk (plaintiff) worked as a charge nurse for Mercy Hospital Tri-County (Mercy) (defendant). Kirk treated Debbie Crain, a patient at Mercy, and diagnosed her with toxic shock syndrome, a life-threatening condition. When no doctor gave orders to treat the patient with antibiotics, Kirk repeatedly raised the issue of treatment with her supervisor, Norma Sellers. Sellers told Kirk to document, report, and “stay out of it.” Eventually, Crain was provided treatment after Kirk was able to discuss the patient with the chief of medical staff, but Crain died. Kirk was reported as saying Crain’s doctor was “paving her way to heaven.” As a result, Kirk was terminated. The reason for termination provided by Mercy was that Kirk made several statements that were untrue and detrimental to the hospital. Kirk brought a claim for wrongful discharge in the trial court, arguing her termination violated a clear mandate of public policy derived from the Nursing Practice Act (NPA). The NPA and related regulations governed the profession of nursing, including licensing and discipline requirements. The purpose of the NPA and the nursing regulations was to promote the safe practice of nursing and ensure that nurses served the best interests of their patients. The trial court granted summary judgment on behalf of Mercy. Kirk appealed to the Missouri Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Montgomery, J.)

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