The biggest threat to a nurse losing their license is not a malpractice suit brought by a patient, but by a substantiated claim that is reported to the board. The process to filing a complaint against a nurse who may have violated a nursing law or rule is open to anyone who may have knowledge about that nurses conduct. All boards of nursing focus on complaints in which nurses exhibit unsafe, negligent or incompetent behavior.
The board does an initial review of the claim brought against the nurse and decides if the matter is within their jurisdiction and falls under the following categories: practice related, drug related, boundary violations, sexual misconduct, abuse, fraud, or a positive background check. The board then takes the next steps to investigate the matter.
The investigation process starts with a notification to the nurse that a board complaint has been submitted and that the board is seeking to investigate the claims set forth in the complaint. The manner in which the investigation of the complaint is done depends on the severity of the allegation and the timeliness of the submission of that complaint.
Here is where a nurse will need to contact a lawyer. This is not a process that you want to face alone, due to the impact that it could have on your license and ability to work. Once you are notified that the board will be moving forward with the investigation process, you should not speak with anyone without your lawyer present or on the phone to ensure that your rights are protected.
The best lawyers for defense of license cases are those with experience handling those types of cases or those lawyers who are both nurses and attorneys. Once you have secured a lawyer to represent you in the matter, you should avoid discussing the matter with anyone just in case they are called as a witness in the investigative process or formal hearing. You and your lawyer will develop an honest and truthful defense to mitigate or avoid penalties.
The most critical piece of this process is to adhere to any deadlines set by the board in submission of documents or additional information that is requested. The outcome of these processes depends on the investigation, but as a practicing nurse you must continue to work and practice safely. One of the other things that I suggest to potential clients or nurses who reach out to me is to get a therapist to help you process your emotions around your experience, and to help you deal with the aftermath that the process may have on your mental health.
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