Schaffron

BACKGROUND

We set forth only a brief statement of the factual and procedural history of the case due to Schaffron’s forfeiture of all but one of her arguments. Schaffron’s Operative Complaint Schaffron’s second amended complaint is the operative complaint in this case, and it alleges she was wrongfully terminated by Sutter Medical. The operative complaint recounts that she gave L.D., a terminally ill patient, a quadruple dose of morphine. The operative complaint admits Schaffron did not dispose of excess morphine. However, the operative complaint portrays Schaffron’s actions as consistent with common sense and in the best interests of the patient. The day after Schaffron administered the excess morphine, the patient died. The operative complaint alleges Schaffron’s manager informed the patient’s family the “night

2 nurse overdosed the patient by giving him excessive amounts of the medication without a doctor’s order.” Schaffron alleges her manager knew the patient did not die of an overdose even when she spoke with the family. Sutter Medical then conducted an investigation that led to her termination that did not comport with Sutter Medical’s practice of progressive discipline.…