Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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Ms. Carl also relies on section 11.2 of the CODE FOR NURSES WITH INTERPRETIVE STATEMENTS (1985), promulgated by the American Nursing Association, which directs nurses to "promote the welfare and safety of all people" through "active participation in decision-making in institutional and political arenas." While there may be some professional codes of ethics, such as this court's Rules of Professional Conduct for members of its bar, that could be regarded as a possible source of public policy because they have been adopted under the court's authority to regulate lawyer conduct, see D.C.Code § 11-2501(a) (1995)a matter that need not be decided herethe CODE FOR NURSES is not in that category. I agree with the New Jersey court in Warthen v. Toms River Community Memorial Hospital, 199 N.J.Super. 18, 28, 488 A.2d 229, 234, cert. denied, 101 N.J. 255, 501 A.2d 926 (1985), which concluded "as a matter of law" that "the ethical considerations [set forth in the CODE FOR NURSES] ... do not rise to the level of a public policy mandate". See also Wright v. Shriners Hospital for Crippled Children, 412 Mass. 469, 473, 589 N.E.2d 1241, 1244 (1992) ("We would hesitate to declare that the ethical code of a private professional organization can be a source of recognized public policy"). Moreover, Ms. Carl does not claim that the hospital fired her for refusing to violate the CODE FOR NURSES, nor does she contend that it would have been an ethical violation for her, as a voluntary witness, to refrain from advocating publicly a position contrary to her employer's interests. I can find no basis in the CODE FOR NURSES for Ms. Carl's public policy claim. [1] ROBERT E. KEETON, VENTURING TO DO JUSTICE 11 (1969). [2] Id. at 13.

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