Licensed professionals are of great value for any company. Nevertheless, the smallest accusation of a misdemeanor can result in losing your nursing license and reputation, which will have certain consequences for you in the future.
The professionals that are at most risk are nurses, lawyers, teachers, and accountants. Since they have immediate contact with their clients’ health, money, property and personal information. The situation is especially difficult for nurses, as their mistakes and malpractice can lead to a patient’s health deterioration.
What Are the Actions that Put a Nursing License at Risk?
Being negligent to the needs of the patient is probably the biggest risk a nurse should avoid: any negligent or unethical actions will lead to irrevocable consequences. Any illegal actions and criminal law disobedience listed below will also result in losing your nursing license:
- Deceit and/or fraud
- Unprofessional behavior
- Driving while intoxicated
- Lack of skill and safety for nursing
- Drug abuse
- Criminal acts
- Incompetence due to mental illness
- Theft
If you are accused of any of the above-mentioned unlawful actions, you should hire a nursing license defense attorney, who will ensure your proper protection.
What Are the Medical Malpractice Laws in Louisiana?
First of all, medical malpractice laws are quite different from and more complicated than personal injury laws. This is true not only for Louisiana but also for most states. The victim or the so-called plaintiff would have to provide sufficient proof of the nurse’s fault, as well as file the claim in a certain period of time. The Louisiana Medical Malpractice Statute of Limitations states that the plaintiff has to file a claim within one year after the harmful action (or failure to act) of the healthcare provider. If the unlawful act was not recognized at the time, the plaintiff will have one year after the discovery to file the lawsuit. Nevertheless, keep in mind that you’d have to provide proof of not being able to discover the malpractice at the time of its occurrence, in order for this “discovery rule” to work.
In order to prove the defendant’s fault, the plaintiff will have to:
- Establish what the appropriate standard actions would be for the defender to follow in the given circumstances. Basically, the plaintiff will have to show what the defender should have done in that situation. This is usually proved through the testimony of one or more medical experts.
- Show that the healthcare provider did not have the appropriate skills or judgment, as well as the diligence required to solve the issue in that particular situation.
- Show exactly how he/she suffered from the healthcare provider’s certain actions, and how the suffering wouldn’t take place without the negligence of the care provider.
If you have been accused of medical malpractice, you’ll have to carry a punishment proportional to your guilt and its consequences:
- Imprisonment – the period for which you’ll be imprisoned directly depends on the severity of the crime: it can last from a few days to a lifetime.
- Probation – instead of imprisonment, the court might decide to set up a probation period for the defender, in which case the defender will have a probation officer and will be carefully supervised during that period.
- Fines and compensation – along with heavier types of punishment, the defender will most likely have to pay compensation to the plaintiff as well as some general fines. In case of the fines, there are some amount of limitations according to the law in Louisiana: the state limits the total compensation for damages to $500,000 in case of medical malpractice.
Other than the punishments above, you are seriously risking your reputation as a professional, not to mention your personal record will be affecting your life all along. Especially in the state of Louisiana, a criminal record can interfere with your studies, financial aid in college, finding a job and even a place to live. This will be especially true in case if you have lost your license for criminal law disobedience.
How can a Nursing License Defense Lawyer Help?
A nursing license defense attorney will be able to help you along the way if you have been accused of medical malpractice. It is possible to avoid or mitigate the negative consequences of medical malpractice for you personally and avoid losing your nursing license if the protection is built well. An attorney will give you the necessary information for you to make the correct choices and will build a strong case for you. If you have been accused or arrested for medical malpractice in New Orleans, Louisiana, call 337-900-9000 or contact us to get a free case evaluation and let us know how we can help.