‘Scapegoated': Fired nurse claims Virtua Health blamed her for baby mix-up

🍼 Nurse claims wrongful termination after baby mix-up
⚖️ Lawsuit filed over controversial breastfeeding incident
📋 Hospital response under scrutiny in South Jersey case

VOORHEES — A South Jersey nurse is suing the hospital where she worked, saying she was unfairly fired and made a scapegoat for a “baby swap” situation that happened over the summer.

Joyce Fisher, of Clayton, reported to work on July 5 at Virtua Health hospital in Voorhees and found that two newborns had accidentally been brought to the wrong patient rooms, and each breastfed by a stranger.

Fisher was just starting her workday at 7 a.m. and came into the situation involving new moms in rooms 444 and 447, following an overnight nurse’s actions, according to the complaint filed in late August in Camden County Superior Court.

“It was impossible for Plaintiff to prevent the mistaken breastfeeding,” the lawsuit said, because “the patient mother for Room 444 had already breastfed the wrong infant before Plaintiff’s shift even started at 7 a.m.”

Mistaken breastfeeding happened before nurse's shift began, lawsuit says

Instead, the nurse who had worked the overnight said to Fisher that around 2:30 a.m., the parents had requested that each of their newborns spend time in the nursery as they slept, the complaint said.

Before this mistake was discovered by anyone, the wrong babies were returned to the respective rooms at 6 a.m., one hour before Fisher was even expected at work, the complaint said.

The overnight nurse “must have confirmed their identifications by matching their ID bracelets with their bassinets and mother’s ID bracelets,” as is required by the hospital’s policies, the lawsuit continued.

Read More: State says new moms dealt with secret drug tests at Virtua hospitals

Hospital protocol and identification breakdown

Fisher noticed the mixup as she walked into one of the patient rooms, after the mistaken feeding had already happened.

She alerted hospital administrators including the nursing supervisor and on-duty pediatrician, who began “breast milk mismanagement protocol,” which includes testing for infectious diseases.

The patients in Room 447 explicitly requested to have Fisher as their nurse, the complaint said, saying she had handled the situation with professionalism and compassion.

Fisher continued to care for the same patients the following day, July 6.

On July 7, Fisher was told she was suspended until further notice while the incident was investigated.

The next day, she told administrators that she never performed a bracelet identification check at shift change and was not aware of any expectation to do so because there was no training.

Suspension and lack of training alleged in lawsuit

The overnight nurse takes “full accountability for her mistake,” according to the complaint, which includes two screenshots of text messages that appear to be from the nurse who worked ahead of Fisher as the baby swap unfolded.

Up to and including the day of the "baby swap" incident, the hospital did not train nurses to check identification bracelets during a shift change, the complaint said.

Instead, it was the practice for nurses at Virtua Health’s Voorhees location to verify newborn ID tags “before any treatment, medication, therapy, procedure, specimen collection, or transport” of any newborn.

A hospital flyer running through that protocol was shared to the staff that same day, the complaint also said.

Legal battle underway as hospital maintains safety stance

On July 21, the hospital filed a formal Health Care Professional Responsibility and Reporting Enhancement Act Reporting Form to the state that accused Fisher of “professional misconduct” on the day of the incident.

Due to that filing, Fisher is being prevented from receiving unemployment, her complaint said.

Fisher had worked at the hospital from March 2018 through this year, working the entire time with new moms and newborns.

She had been given excellent performance reviews, including just months earlier, when she was evaluated as “top talent” and a “valued contributor,” the complaint said.

Fisher is seeking back pay, front pay and benefits, as well as compensatory, consequential and punitive damages for retaliation.

She is also seeking the reimbursement of all attorneys’ fees, expenses and costs, and other relief which the Court deems just and equitable.

“We are deeply committed to fostering a fair and just culture where every colleague is empowered and encouraged to speak up about safety concerns without fear of retaliation. Reporting incidents that may impact the safety of our patients or colleagues is both supported and expected as part of our shared responsibility to uphold the highest standards of care,” Virtua Health chief clinical officer Dr. Jennifer Khelil said in a written statement to New Jersey 101.5 on Monday.

“While we do not comment on pending legal matters or individual personnel decisions, we can say that every situation is thoroughly reviewed, and decisions are made with integrity, compassion, and in alignment with our values. We remain steadfast in our commitment to providing a safe, respectful, and transparent environment for all who work and receive care within our health system,” Khelil also said.

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