Any Licensed Attorney Can Handle a Nursing Board Defense Case, Right?

Taralynn Mackay, a nurse attorney in Texas who represents nurses in licensure matters has an excellent post on her blog about attorney representation in nursing licensure defense cases. See http://nurseattorney.blogspot.com/.

I agree with Taralynn. You have to ask questions before you retain an attorney. Practicing law is a profession but its also a business. Nursing licensure defense cases are not "big money"  or "large retainer" cases for law firms for the most part. Therefore you may find that your case, which generates a few thousand dollars in fees is considered "small child sized fries" for the law firm although its your license, your livelihood, and a "super-size fries" case for you.

You may retain an attorney only to find that your matter is not a priority for the attorney (your phone calls are not returned, your emails are not answered, you are not provided with copies of motions filed with the Board, email discussions and negotiations with Board staff are not forwarded to or you are not provided with a hard copy, etc.) and that the attorney does not have any experience with administrative law and nursing licensure issues.

Ask have you worked with nurses before? Its nice to know that the attorney's aunt, uncle, and second cousin are nurses; but you still need to know if the attorney has experience before the Nursing Board?

Don't quiz your attorney. If I am asked how many nurses sit on the Indiana, Kentucky, and Ohio Nursing Boards, I will find and refer to my cheat sheet. Ask substantive questions to determine if an attorney is competent to handle your case.

Ask the attorney questions. Ask for a copy of his or her CV. Ask about experience and education. Ask what percentage of the attorney's practice involves nursing licensure defense. Its your license, its your case, and you are the client. Without clients like nurses, the legal profession would not exist.

I don't take criminal defense, personal injury, workers comp, or medical malpractice cases because I limit my law practice to nursing licensure and professional practice matters. I can tell you from having practiced in this area where the licensure defense attorneys are located in Ohio, Kentucky, and Indiana.

Most licensure defense attorney represent other licensed healthcare professionals also lincluding dentists, pharmacists, physicians, etc. Just the other day, I referred a physician to an attorney colleague in Columbus, Ohio who needed representation before the Ohio Medical Board.

If you need to retain a licensure defense attorney, contact your state nurses association for a referral. Then "google" the attorney's name to see what information you find. Do your research before retaining an attorney to represent you in a licensure matter.

Comments

[shen]

I recently moved to a new state that seems to be particularly vengeful towards nurses and outsiders, particularly Yankees. I barely started nursing when I was accused of something ridiculous, which was then sent to the nursing board. I called what few nurse attorneys I could locate, but no two agreed on what I should do, and all wanted thousands I didn't have. They also seemed to be of the opinion that if I wasn't guilty, I would not have been accused. It soon became clear, that I was involved in a witch hunt. No matter whether I sank or swam, I was 'guilty,' so I went to the 'informal conference' alone, expecting these ridiculous accusations would be tossed out. Well, as soon as I saw these hatchet faced inquistors, I knew they had made up their minds, no matter what I said, and I was right.
Now, I received a letter accusing me of speaking in a 'rambling and disorganized fashion' recommending that I need to have a psych eval, etc. I have no idea what to do about this. They seem to determined to 'go for blood' although I never hurt a patient, gave a wrong pill or did any other 'wrong.' I have practiced for years, back home, and never had a problem. They ignored that, and were contemptuous of my stack of references, as they were out-of-state. (I have not been in this state long enough to know anyone, let alone get references.) If there is an attorney in the house, I would like to know, what might be the likely outcome of simply saying--no way--to this demand and letting the process proceed in abstentia. I have had it with nursing. They can have the license. Any suggestions out there?

[latonia]

Thank you for posting. I cannot provide you with legal advice. My suggestion would be to contact the nurse attorneys or other licensure defense attorneys and schedule a legal consultation. A legal consultation (1 hour to meet with the attorney and discuss your case) will be less expensive than retaining the attorney for full-fledged legal representation before the State Nursing Board.