Nurses must work long hours to take care of people who are sick or injured. Because nursing is a high demand job, mistakes can be made that can have devastating career consequences. Patients may also make accusations that are not accurate or truthful, but just the hint of impropriety can have a negative effect on nurses. If you are a New Jersey nurse who is facing disciplinary action and possible license revocation, you may benefit from contacting an attorney for help.
Types Of Charges
Nurses can face a variety of accusations today while working in the healthcare industry. Hospital settings can be especially stressful because nurses are required to work with little rest and have a heavy patient load. New Jersey nurse licenses defense lawyers have experience defending healthcare professionals who are accused of crimes such as:
- Theft Of Drugs
- DUI Charges
- Failure To Follow Doctors Orders
- Patient Negligence
- Stolen Patient Property
- Sex Offenses
If you are being investigated by the Board Of Registered Nursing, you will receive a written notice regarding the alleged offense. In this notice, they will outline the form of medical malpractice you are accused of. This notice will also tell you the date by which you must respond to these allegations in writing. If the Board Of Registered Nursing is not satisfied with your response or still have concerns, they will hire an investigator to look into the matter.
The investigators who work medical malpractice cases are often retired DEA agents, investigators or police officers who have experience in these matters. The investigator assigned to your case will want to speak with you and get a recorded statement for their review. If the investigator feels the accusation warrants further exploration, they will refer your case to the New Jersey Attorney General.
The office of the Attorney General will serve you with a formal complaint. This is against your nursing license and means they are requesting to suspend or revoke your license to work in New Jersey. If this occurs, your career and future earnings are in serious danger.
How A Lawyer Can Defend Charges
It is of utmost importance to contact a New Jersey nursing license defense lawyer as soon as you are aware an investigation is underway. Anything you submit to the Board Of Registered Nursing or the Attorney General can be held against you later on. Investigators have years of experience interrogating healthcare professionals and one slip could cost your the ability to work in the nursing field. A lawyer can help you by:
- Responding To The Accusation
- Submit Arguments To The Licensing Board On Your Behalf
- Provide Oral Arguments When Necessary
- Represent You In Court
- Defend You Against The Charges You Face
- Suggest Alternative Sentencing To Protect Your Career
- Appeal Board Decisions If Your License Is Suspended Or Revoked
If you are a nurse who is facing potential disciplinary action don’t hesitate, contact a medical malpractice lawyer today for help. During a consultation, a lawyer can review the accusations you face and the facts surrounding your case. He will make recommendations to help you decide the best way to respond to these accusations and move forward. A proper defense may be the only thing that stands between you and your professional career. Once disciplinary action is issued, it will be a matter of public record and follow your for the rest of your career. Having someone to represent you to the Board Of Registered Nursing and the Attorney General, can ease the anxiety and stress that comes with these situations.
Our goal is to help you succeed. Litigation about medical issues often occurs in our country. This causes a lot of stress and frustration for those who are trying to help improve the health of the general public. As a careful health care professional, you often face the risk of angry patients filing suit when they feel hurt or at risk from decisions that you made on the job. It is ironic that the problems the patient feels are your fault are often the result of poor lifestyle choices on their part, and not necessarily the health care provider.
We understand that facing legal challenges is tough for you. We have collected a checklist to go through if you are sued for medical malpractice:
1. Never react emotionally to a legal suit. It is easy to get upset when people blame you for medical problems that seem to be your fault. Often, you were just trying to do your job. Have a logical viewpoint. Try to see things from their perspective. The patient is often tired, scared, and needing to blame their problems on someone or something. Think of yourself like a parent dealing with a fussy child. It does not help to yell back.
2. Collect all the relevant data on contracts that the patient signed with you. Liability contracts are particularly helpful in proving that the patient chose to take responsibility for their treatment. Always have a patient sign them, and explain that by signing them, they are committing to take responsibility for their health if something goes wrong, except in a case of very clear negligence by you.
3. Enlist the services of a good lawyer. This is what we are here for. If the case is emotionally overwhelming, it is nice to have someone who can stand up for you.
4. Always have a Plan B. If you lose the case, what will you do? Many individuals are overly specialized in their career field. Losing a job is disastrous for them. If you have multiple areas that you are trained in, this will assist you if you lose your license. Research schools that are in your interest area, and prepare for the case’s failure just in case.
Our plan of action is to support you. When you call us with a request for legal defense, we will do thorough research on the social background of the patient. We will investigate the patient’s emotional state, their history, and the possibility that they are just using you as a scapegoat for negligence in their diet and exercise plans. We will look at their criminal records, to see if they have a history of using the law to their own advantage. It is sad, but true, that the American justice system tends to favor patients over health providers, even though patient health fraud is now at an estimated $272 billion annually.
In the meantime, we will also collect a written history from you on the facts leading up to your case. Please make sure that you honestly give us all the details associated with the legal charge. Honesty equals clemency from the judge’s perspective. If you are honest, “I did fail to notice the label on the prescription,” it will help the case. Perhaps it will point to issues with the drug company’s documentation method for that particular drug. This is just an example to illustrate why honesty is essential. It could show us that you may not be the only guilty party.
It is our hope that the legal charges will be cleared from you. However, if the outcome is unsuccesful, we will refer you to other good alternatives. One option is to appeal to a higher court. We would be more than willing to do that, but it is expensive. Another option is just to concede, and let them take away your license. You can then apply your skills to a lower regulation environment such as volunteering onsite overseas at a medical clinic in return for room and board. This would add to your resume and would tend to give future employers satisfaction if they see that you instantly got to work with what you had left after you lost your malpractice case.
Situations We Help With
Nurses spend all of their time at work caring for others who are ill or hurt. The nursing profession requires dedication and a commitment to excellence, which is why it is so frustrating when a nurse’s integrity is called into question. When a malpractice claim is filed, it can result in the revocation of the nurse’s license. This can have devastating effects and will greatly diminish the earning capacity of the nurse. If you are a nurse in New Jersey and are facing potential disciplinary action, contact an attorney for advice immediately.
Types Of Claims
Nurses can face a variety of different types of claims, however some are more common than others. The most common types of malpractice claims include:
- Criminal Charges For DUI
- Prescription Drug Abuse Or Theft
- Failing To Provide Proper Care
- Improperly Operating Equipment
- Failing To Document The Patient’s Medical Record
- Sexual Misconduct
- Poor Peer Review
Merely being investigated for an incident does not mean you will be found guilty or face discipline. However, it is important to take these allegations seriously and seek help from an attorney as soon as possible to avoid the potential loss of your nursing license.
What To Do If You Get A Letter Of Investigation
If you are a nurse in Austin and get a letter of investigation from the Board Of Registered Nursing, there are certain things you must do to avoid a negative outcome such as:
- Respond To The Written Notice Before Time Runs Out
- Be Professional Throughout The Legal Process
- Gather Information Or Documents To Support Your Position
- Hire An Experienced License Defense Lawyer
It is important to remember not to give a statement to an investigator before speaking with an attorney, no matter how informal they may make it seem. Investigators are experienced in the art of interrogation and they are not on your side. Anything you tell them can be used against in court proceedings later on.
What A Lawyer Can Do For You
Your nursing license is your most valuable professional asset and you must protect it at all costs. If you face disciplinary action and your license is suspended or revoked you will not be able to work as a nurse in any state, not just the one where the incident occurred. Hiring a lawyer can help you by:
- Responding To The Letter Of Complaint On Your Behalf
- Gather The Evidence In Your Case
- Work To Provide Solutions To The Problem
- Negotiate Terms Of Probation
- Represent You At All Hearings And Court Proceedings
- Fight Vigorously For The Retention Of Your Nursing License
Types Of Discipline
The most common types of discipline nurses can face in medical malpractice cases include:
- Formal Reprimand
- Imposition Of Fines
- Suspension Of Nursing License Until Further Notice
- Nursing License Revocation
If you are an New Jersey nurse and are facing a possible medical malpractice claim and disciplinary action, contact an experienced attorney at once. Time is of the essence in these cases, as failure to respond within the designated time frame may have devastating consequences. During a consultation, your attorney will evaluate your case and examine the facts. He will advise you on the best way to defend your case to the Board. Facing possible discipline from the Nursing Board is stressful because your career is at stake. Hiring an attorney can ease your mind, knowing you have someone looking out for your best interests.