Does the Facility Attorney Represent Your Interests in a Nursing Malpractice Case where a complaint is filed against you with the State Nursing Board?

I am seeing more cases where there is a pending or forthcoming nursing malpractice case and a complaint is filed against the nurse with the State Nursing Board. If you have a pending State Nursing Board complaint and you know or suspect litigation is forthcoming and you will be the subject or a subject in the litigation, please contact and speak with an attorney who is not employed by your facility or former employer. Consult with an attorney who is not connected to the forthcoming litigation about your license.

I have been involved in several cases where a complaint is filed against a nurse and the in-house attorney or the attorney retained by the healthcare facility (outside/external defense counsel) is "involved" with the nurse in the State Nursing Board complaint investigation and adjudication because nursing malpractice litigation is pending or forthcoming. 

You tell me whose interests is this particular attorney protecting, the healthcare facility or the nurse. While the interests of the nruse and the healthcare facility may be similiar and may line up together to a certain degree at some point those interests of the healthcare facility and the nurse may not be the same depending on the allegations in the malpractice complaint and what comes out in discovery and what is reported to the State Nursing Board.

Do yourself a favor and at least speak with an independent attorney or hire an attorney to represent you before the State Nursing Board and to serve as your own personal counsel in any nursing malpractice litigation. If you have professional liability insurance with a license defense benefit, contact your insurer.