A hospital nurse who was fired after a violent assault from a patient has won her case to gain unemployment benefits following a court ruling in Iowa.
Cresco, Iowa-based Regional Health Services of Howard County fired registered nurse Lori Martinek in September for allegedly violating hospital policy on the use of patient restraints, the Iowa Capital Dispatch reported April 3.
A bleeding man had arrived at the hospital in the middle of the night armed with a hammer and behaving in an aggressive manner, the report said. Five law enforcement officers were able to subdue the patient before a decision was taken for Ms. Martinek to administer a chemical restraint.
Despite then being safely restrained on the bed, the patient kicked Martinek in the stomach as she attempted to insert a catheter, according to the report. The following day, Ms. Martinek was fired for violating hospital policy on restraints.
The hospital then challenged Ms. Martinek when she claimed unemployment benefits.
After reviewing video evidence of the incident, Administrative Law Judge Jason Dunn ruled there were no hospital witnesses to support its case against Ms. Martinek and that there was no evidence to support misconduct claims against her.
"The restraint and professionalism of (Martinek) and law enforcement during this harrowing episode was exemplary," Mr. Dunn ruled, adding that Ms. Martinek's "demeanor was calm and professional, and she provided care to (the patient) without any note of anger or irritation."