Its the question that drives us. Is the question that brought you to this blog. "Us" being licensure defense attorneys.
The Matrix. http://en.wikiquote.org/wiki/The_Matrix
I was asked this question this week by a nurse who is being investigated by a state nursing board. If I had $2.50 for each and every time I have heard this question, I could afford to purchase a heater for our in-ground swimming pool. http://www.propools.com/family.php/2240?frm=In%20Ground%20Pools:Heater:Heat%20Pump.
My response, is always should you represent yourself before the Nursing Board? Can you objectively represent yourself? Can you counsel and advise yourself on the attending workplace and regulatory issues associated with a licensure investigation? Are you familiar with Nursing Board disciplinary investigations and hearing process and procedures? Can you effectively implement a strategy to resolve the complaint in a manner that protects you and your license to the best extent possible? If action will proposed against your license, do you know your options? Is it in your best interest to settle or proceed to a hearing? If you monitored by the Board, will you counsel and advise yourself throughout this period also? Representation from the beginning to the end of a licensure matter.
This is what a nursing licensure defense attorneys does for a nurse.
I know finances are tight in this economy however its a personal decision whether or not to retain counsel and the majority of nurses do not retain legal counsel for representation in licensure matters.
I find it strange however that a professional has to question whether legal representation is needed or not. Forget what you hear about attorneys on law and order and other shows (although I love love and order special victim unit; I don't like criminal intent). You only need an attorney if you are "guilty" or if you have done something wrong. Attorneys represent, counsel, and advise you; its a basic right for all.
Actually I have an article that will be published in Nurses First next month (December 2008) about Miranda Rights and the Nursing Workforce of the future. See www.centerforamericannurses.org.
Would you question whether you need legal representation in a criminal case?
Would you question whether you need legal representation in a medical malpractice case?
Would you question whether you need legal representation if you were sued for defamation?
Would you question whether you need legal representation if your employer sued you for breach of an employment contract?
Then my question is why do we as nurses or nursing students question whether or not we need legal representation in a nursing board licensure matter?
The Center for American Nurses has a pamphlet available to members of the roles and benefits of a licensure defense attorney and this may be helpful to you when deciding whether or not retain an attorney in a licensure matter. If you are not a member of the Center, consider joining or purchasing the article.
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