Nurse Who Stole Opioids Winning Her Work Back Because Addiction Is A Disease, Arbitrator Rules


Early on a Summer Morning in 2016, a nurse in a waterlily-dressed, long-term care facility noticed a light in the bathroom that she intended to use.

She showed me a couple of times, and opened the door, where she saw another nurse sitting on the bathroom with an ampoule of the painkiller hydrophobic sideways in her mouth, as if she had just injected herself.

This was among the first pieces of the evidence that the prosecution concerned with legal records just like DS, had sent opioids for her own use and falsification medical records for two years to prevent the victims.

Now, a decision that has taken place on whether or not savings really are a medical disease, a work arbitrator has ordered the regional municipality of waterlift to give you work back and to compensate you financially for your unfair dismissal, including general damage to " Harm to dignity, feelings and self-respect. "

The care home was obliged to accommodate the nurse's unclaimed diagnosis of severe opioid use disorder and mild to moderate sedative-hypnotic use disorder, ruled by Larry Steinberg, an arbitrator. The disease has left you with "a complete inability or reduced capacity" to resist the attempt to feed her addiction.

She would, for example, falsely display a resident's resignation file requesting a drug, then falsify charts to show they had received it, when in fact she used it herself. She would also keep the unused portion of narcotics, rather than discarding them.

The process of controversy by the management, the 50-year-old mother of three, first denied, but later admitted her actions, saying she was bound to abuse painkillers that began when she was treated for a kidney condition. She became heavily addicted, physically ill, and isolated from her family. About a month later, Sanayside fired her for dirty misconduct and theft.

At her hearing, she testified that she had not used narcotics since late summer 2016, when she entered a residential rehab.

Her nursing license was suspended for about nine months, and she was hospitalized with a series of conditions, including the fact that she did not have access to controlled substances and was supervised at all times.

Home care lawyers argued that letting you go back to work with these conditions would impose "excessive hardship" on the care home. Each nurse has access to narcotics, for example, some advanced dementia patients, so they will not notice if a nanophilia patch is removed. In addition, nurses need to work independently, not regularly check.

The care home also argued that she was not fired because of her addiction and that there was no role in the decision. She was fired for robbery and record falsification, abuse of residents and breach of trust, she claimed. But the arbitrator did not buy it. The nurse's actions are symptoms of the disease of addiction, and it is discriminating against someone's fire because of their illness.

Spokesperson for the area, Lavie Resnec, a professor of psychiatry at the University of Toronto, said that non-existentness is not a disease, but an evil one, though he said it was a minority opinion. In the Syriac profession, it was the opposite, for example, DSM-5, "the manual of Psykyatrie."

His opinion was rejected by the arbitrator in the opinion of two other experts who testified that a healthy heart had been seen, and that "to see (addiction) how bad habits stigmatized the conditions and made it difficult for humans," Steinberg wrote.

But Reconne was not alone in his opinion. For example, Marc Lewis, a Canadian neurosphereist and recovering addict who studied the development of addiction, has argued that addiction is not a disease, but rather a "developed cascade," as a form of learning. In his book The Desire Biology, he argues that the addiction is an intrinsic part of a man's behavior, or a biological obstacle or a natural defect. Rather, addiction is a result of "The motivated repeating of the same ideas and behaviors until they become commonplace."

In this sense, he argues that addiction is more like racism than it does cancer, and more so than violence or domestic abuse, such as cystic fibrosis or diabetes. As comforting as it may be to think of addiction as a disease, it's simply a "very bad habit."

The disease model is well established in both science and clinical practice. It is more than just a sympathetic metaphor that reflects a desire to help rather than judge.

Bid-level studies have shown a clear genetic basis. Addiction has obvious environmental, epidemiological and social factors. It can alter the structure and function of the body and brain. It can respond to systematic, biological, medical treatments, just like cancer or the flu. It certainly has terrible symptoms and can often be fatal.

The view that this is a disease is well established in Canadian society. For example, when the Canadian Government argued in court against a supervised injection site in Vancouver, it denied the point that addiction is a true disease. And when the Supreme Court of Canada ruled in this case, it was found that "the ability to make some choices (about drug use) does not scare the judge's findings that addiction is a disease in which the central feature is impaired over control. Use of the addictive substance. "

But courts do not always follow the lead.

In his coverage of this and other similar cases, Waterloo Region Record Reporter Gordon Paul identified a diversity of outcomes for nurses who steal opioids to feed their own addictions.

One stole painkiller from a senior terminal cancer patient, was convicted of theft, suspended for five months, and eventually resigned after the college said she was shamed. Another stalemate of a teenage teenager was stripped of her nursing license and spent 18 months in prison for robbery, drug charges, breach of trust and impaired driving. Another was sentenced to two years in prison.

In the current case of DS, there was some uncertainty at hearing over whether she "shortened" patients or giving them less than required to save some for themselves, but the adjuster catered not to this question, as it was not significant. These issues he had to decide.

Ds also testified that she was reborn and embarrassed by her actions.

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