Will It Anger to Board if I have an Attorney?

I am always puzzled when a nurse asks this particular question. A RN contacted me this week. She knows that a Board of Nursing complaint is forthcoming and she wanted to know her rights and responsibilities in the investigation. She asked if it will anger the Board of Nursing if she retains her own attorney to represent her before the Board.

I have a standard response to this question because I have been asked this question countless times since starting my own law practice in 2001. Board of Nursing disciplinary investigations are adverserial. When the Board of Nursing contacts you related to a complaint filed against you; its not a social call. The Board of Nursing has its attorneys (whether in-house legal staff or through the Attorney General's Office)to do the "business" of the Board, this may include prosecuting complaints.

Representation before the Board of Nursing is an important part of what your attorney will do. A larger part of the scope of representation should include counseling and advising you on the disciplinary investigation and process and the implications for your nursing career if action is proposed against your license.

At what point will the profession of nursing start educating its own about the law, legalities, and legal process involved in the professional practice of nursing? Disciplinary investigations are not a game and this isn't preschool where you should be concerned if "someone" is mad at you. You retain counsel because you need an experienced legal professional to guide you through the maze and discuss your options.

This question really underscores the lack of knowledge that most of us have as nurses regarding the legal regulation of nursing practice. I must admit I am a nurse, first and foremost, so please don't be mad at me if this post offends you. I am apologizing in advance and I am truly sorry. I sincerely hope I haven't angered you in anyway. 

Comments

[Carolyn Tucker, RN]

I carry malpractice ins. against the advice of most all my RN co-workers. I believe in it.....but I was sad to hear Susie Orman on her show this past Sat night tell a nurse, that private malpractice insurance was NOT necessary, as long as the nurse was covered under her employer & the nurse followed all policies perfectly.

Thoughts?

[RehabRN]

Thank you, thank you, thank you for this post.

I am a brand new RN. In some nursing schools, including my alma mater, malpractice and board discipline is being glossed over. We discuss it, but we even had our own head honcho of the nursing school tell us in class that we do not need our own malpractice insurance, nor should we look at areas of practice based on the amount of litigation and lawsuits. One instructor told me "don't ask, and certainly, don't tell" when I inquired for research into a paper I was doing.

If I hadn't done research and found information on my own prior to entering nursing school, I'd never know what I know now about malpractice. As a result of research, I got my own malpractice insurance as a student and now as a RN. My family (and my checking account) certainly deserves the protection it provides.

I'm putting a link to this post on my blog, so I hope you don't mind. Thanks for this great information.