Nursing License Defense Lawyer in Louisiana
Healthcare is a tricky field. Whenever someone gets seriously sick or injured, the entire family gets involved. Emotions run high. Doctors and nurses are under a great deal of pressure to ensure a positive health outcome for their patients while families sit in frustration waiting for some good news. Sometimes, accidents happen and mistakes are made. But sometimes, healthcare professionals such as nurses become negligent or do something that violates the standards that they are expected to follow. When this happens, a complaint can be filed against a nurse and the Nursing Board can take action. If you are a nurse in New Orleans, Louisiana and if you are facing a situation where your nursing license is at risk, you need to speak to a nursing license defense lawyer.
We often hear of doctors and specialists getting sued by families who have lost a loved or families whose loved ones have suffered because of the negligence of a healthcare provider. Nurses are no different. Nurses can also get sued for a number of reasons. Now that many nurses are being allowed to practice as independent practitioners, the number of medical malpractice lawsuits is also on the rise.
In New Orleans, Louisiana, the practice of nursing is regulated by the Louisiana State Board of Nursing. The Nursing Board is not only responsible for licensing of nurses, but it also plays a major role in license verification and listening to complaints. The Louisiana Board of Nursing works on behalf of the State of Louisiana or the public at large. Part of its mission is protecting the public from any nursing practices that are not safe. Keep in mind that the only purpose of the Nursing Board is not to discipline nurses all the time. What the Board does is that it establishes a basic code of conduct and a set of standards and when it issues a license to a nurse, it does so on the belief and the assurance that the nurse will live up to those standards and that the nurse will abide by the code. Some nurses fail to do so, and that is when the Board has to step up and take disciplinary action against these nurses. If a complaint has been filed against you, you will need to speak with a nursing license defense attorney.
Reasons Why a Complaint Might Be Filed Against a Nurse
Nurses are bound by an ethical and moral code to perform their duties responsibly and honestly. But there can be situations when a nurse is negligent or when a family member or colleague believes that the nurse did something that harmed a patient. In such a situation, a complaint may be filed with the Louisiana Board of Nursing.
There are a number of reasons why disciplinary proceedings might be taken against a nurse by the Louisiana State Board of Nursing. Some of these reasons include:
– Fraud
– Deceit
– Drug abuse
– Stealing drugs from the hospital
– Use or possession of illicit drugs
– Criminal acts
– Mental illness
– Fraudulent diploma or degree
– Gross incompetence
– Unprofessional conduct
– Abandonment of patient
– Charged with DUI
– Breach of HIPPA
– Neglect of patient
– Breaching patient confidentiality
– Sleeping while on duty
– Failing to maintain patient records
– Failing to supervise
– Failing to practice to current Standard of Care
– Inappropriate physical contact with a client
– Inappropriate verbal interaction with a client
All the above reasons fall outside the domain of acceptable behavior. The Louisiana State Board of Nursing has the authority to take action against the nurse if such an allegation is made and if there is sufficient evidence to prove it. If a complaint has been filed against you and you need to ensure your professional license is protected, you need to talk to a nursing defense lawyer immediately. Keep in mind that there can be misunderstandings and sometimes a patient, a family member or a colleague may have misunderstood a situation and could have filed a complaint against a nurse based on their perception that the nurse had intent to harm the patient. Whatever the case may be, it is important to discuss your situation with a nursing license defense attorney.
What happens when a complaint is filed against a nurse?
Whenever there is a serious complaint about a nurse, the Louisiana Board of Nursing will collect all the evidence and then determine if the charges against the nurse are warranted. One should remember that the Board has legal backing and its decisions carry a lot of weight. The nurse is always given the opportunity to respond before any penalty is imposed. If the nurse is found to have been involved in a serious case that jeopardizes public health, the Nursing Board of Louisiana may suspend or revoke the license permanently. However, the Board’s decision is based on solid evidence. Even if a person files a complaint against a nurse and alleges that the nurse did something that falls within the realm of negligence or intent, they have to prove that this was actually so. They cannot simply make a claim and expect the Board to revoke a nurse’s license. The Board will only take a decision to suspend or revoke a license if there is sufficient evidence to prove that the allegation is true. As already mentioned, every nurse has the right to a defense, and that is where the services of a nursing defense lawyer will come in handy.
Are all types of nurses regulated by the Louisiana Board of Nursing?
Yes, the Nursing Board of Louisiana regulates the practice of all vocational and registered nurses. In addition, it also regulates the practice of advanced practicing nurses. The entire scope of nursing is regulated whether it is in a doctor’s clinic, hospital facility, nursing home or in palliative care. If there is a complaint filed against the nurse, the Board will know about it, and the Board will take action depending on the complaint and the specific allegation that is made against the nurse. Talk to a nursing license defense attorney if the Board has notified you that a complaint has been filed against you.
What usually happens when a complaint is received by the Louisiana Board of Nursing?
When a complaint is first received by the Board about a nurse, the agency will gather all necessary information. This will include information about the patient who was supposedly injured/harmed, the circumstances under which it was discovered that the patient had suffered harm, the statements by the family members, and the statement by the nurse, her direct supervisor and her colleagues and any other information that is relevant to the incident that resulted in the complaint. This may take a few weeks or even months.
In the meantime, the Board will send the nurse a letter that a ‘formal complaint’ has been filed against you. This means that the Board of Nursing is trying to collect more information related to your nursing practice before it can make any decision to file a complaint against you. At this stage, your nursing license defense attorney is the best person to deal with the legal issues and the next steps that need to be conducted. The nursing license defense attorney can interact with the Louisiana Board of Nursing on your behalf. It is not mandatory that you have a nursing license defense lawyer at this stage, but the field of medical malpractice is a minefield and fraught with complexities. Anything that you say or write to the Board may be held against you if the case goes to trial. Even replying to the formal complaint letter needs caution because you may incriminate yourself. If you are not aware of the legalities of malpractice, it is best to let a nursing license defense lawyer handle the case for you.
Who may file a complaint against a nurse?
A complaint against a nurse can be made by anyone. In most cases the complaint is made by the following:
– A patient
– The hospital
– The nursing manager
– Occupational and health safety department
– Human resources
– Peers
– Law enforcement
Because anyone can make a complaint to the Board, it is the Board’s duty to determine the validity of the complaint and undertake any investigation. That is why you need to understand that every allegation is not necessarily true and every complaint filed against you is not necessarily going to result in a suspension. Talk to your nursing license defense lawyer so that they can tell you where you stand and what your possible legal options might be.
What type of disciplinary action may a licensing board take against a nurse?
First and foremost, the Board will investigate. Based on the information they gather and the statements from the nurse and the person who has filed the complaint, the Board can take disciplinary action.
The Nursing Board can take a variety of disciplinary actions against the nurse which may include:
– A written warning
– Reprimand
– Admonishment
– Need for monitoring
– Probation
– Continuing education
– A monetary penalty
– Random checks for illicit drugs
– Entering drug or alcohol rehabilitation
– Limit the license to practice nursing for a fixed time
– Revoking the license
As you can see, it is not necessary that every complaint filed against a nurse will result in a suspension or a revocation. But if the complaint is serious and if the negligent action of a nurse resulted in serious harm to the patient, there is no doubt that the penalty will be severe. Depending on the type of disciplinary action, it can destroy a nurse’s ability to make a living. Hence it is important to take any complaint by the Nursing Board very seriously. You must contact a nursing license defense lawyer as soon as you become aware that a complaint has been filed against you.
What should a nurse do when she first receives a complaint letter from the Nursing Board?
When you initially receive a letter that a complaint has been issued against you by the Nursing Board, the decision to reply to the board requires a lot of judgment. A minor issue may be resolved by a prompt reply, but any major issue requires a discussion with a nursing license defense attorney. The reason is that anything you write to the Board can be later used against you in court. A nursing license defense lawyer can work on your behalf and communicate with Board.
As a nurse, do I have to tell my insurance carrier that a potential claim has been filed against me?
When you receive a complaint letter from the Nursing Board, you should always make sure that your insurance coverage is up to date. For nurses who work in healthcare settings, they should tell the Risk Management Department about the letter and the claim. In fact, all hospitals have bylaws or policies that require all healthcare workers to report the complaint to Risk Management, no matter how embarrassing or trivial it may sound.
For those nurses who work independently or are in multigroup practice, most insurance companies require that you notify them of any potential claim. If you fail to notify your insurance carrier of the formal complaint, you are at risk for losing any future insurance coverage, and your employer may be temporarily terminated, or you may not even be allowed on the hospital or clinic premises until the issue has been resolved.
Why Do I Need Legal Counsel?
Whenever you receive a notification that a formal complaint has been filed against you with the Nursing Board, you should get in touch with a nursing license defense attorney. The Nursing Board in Louisiana has specified time limits for responding to a complaint. There is an enormous amount of paperwork usually required to answer to the formal complaint. That is best done with the help of nursing license defense lawyer. Remember the Board of Nursing will have its group of experienced researchers and lawyers, and you will be a great disadvantage if you tackle them alone. Finally, if there has been a complaint filed against you, you may not be able to access all the files from the hospital. Your nursing license defense lawyer, on the other hand, can ask for the document and other relevant files without any problems.
Should I discuss the issue with the person who filed the complaint?
In general, it is difficult to know who has filed a complaint about you. The Nursing Board will never divulge that information. However, even if you find out who made the complaint, the best advice is never to contact that person. You may believe that you can talk to the complainant, but it can prove to be a disaster. The Board of Nursing may portray this attempt at contact with the complainant as harassment, and this can put your character at risk. Sometimes your nursing license defense attorney may speak to the complainant in order to settle the issue, but that is also rare. What you should focus on is providing your nursing license defense lawyer all the relevant information about the case and let them prepare your defense.
Should I discuss the complaint with my colleagues?
Getting a formal complaint letter from the Nursing Board can be very stressful, and many nurses have no idea what to do. Some nurses think that they should talk to their colleagues or the nursing manager about the issue. The general rule is that you should avoid speaking to anyone else about the Nursing letter of complaint, except your nursing license defense attorney. While your colleagues may offer you support and empathy, the Board may call upon these individuals as witnesses. You have to remember that your nursing colleagues are also licensed professionals and are also under obligation by the Nursing Board to report any violations or communications that they have had with you. So the fewer people you speak to, the better it can be for you in the long run. Contact a nursing license defense lawyer before speaking to anyone.
How can a nursing license defense lawyer help me?
A nursing license defense lawyer can help you in many ways. They can:
– Communicate with the Board of Nursing on your behalf
– Acquire more details about the type of complaint
– Represent you at all the hearings
– Develop a defense strategy
– Gather all the data to support your defense
– Negotiate for reduced charges or more lenient punishment
– Help defend against any criminal charges
– Portray your character as good and moral
If you need help in saving your professional license, call us at Bart Bernard and our legal team will be happy to assist you. We believe that there are always two sides to a story and if a complaint has been filed against a nurse, the nurse has the right to a strong defense. Call a nursing license defense lawyer today, and we will be happy to help.