Nursing Law & Order

I have a netbook

I just purchased a netbook and I am experimenting with the Windows Live Writer which allow me to post directly to my typepad blog.

Can I report a nurse to the State Nursing Board and then represent the nurse before the State Nursing Board? Its a conflict, right?

My grandfather has been hospitalized at two hospitals: Mercy Fairfield and University Hospital and is now at the Drake Center for rehab. I can tell you thing, there is a reason why license defense attorneys who represent nurses are extremely busy even in this economy. My grandfather is receiving good care overall (especially in the ICU at Mercy and the SICU at University Hospital) but when you are a nurse you notice things, you know when the ball has been dropped and punted, and you recognize those nurses who are just clocking in for the next paycheck and going through the motions. Are you just going through the motions at work? Now everyone has good and bad days at work but this is something more than just having a bad day at work. Do you know nurses who are having a bad year at work already and its only April?

To say it bluntly instead of saying "My name is X and I will be your nurse today from 7am to 7pm" some of the nurses I have encountered in the last three weeks should be saying Welcome to Walmart, how can I assist you? or punching a time clock on an assembly line.

Where is the socialization into the professional practice of nursing that is based on solid knowledge of ethics and standards of practice?

I caught a major medication med mix-up on my grandfather at the Drake Center. The nurse attempted to explain it to me and rationalize the mix-up but I explained to her that I am also a RN and I represent nurses before the State Nursing Boards who make these same types of errors. I actually imagined if I were representing this nurse how would I defend her. In my mind, I drafted the Legal Services Agreement and explained the payment options to her for the representation.  

Do you think its a conflict of interest  for me to report a nurse to the Ohio Nursing Board and then represent the nurse before the Ohio Nursing Board? LOL, just kidding.  

I smiled to myself because I could easily see the admitting nurse who failed to conduct a thorough initial assessment and all the nurses who cared for my papa afterwards over 2 days and who did not "catch" the error being termed and reported to the Ohio Nursing Board for failure to practice in accordance with the standards of safe nursing practice especially in the event of harm to my grandfather.

No "harm" because "I" caught it but damn; I do this for a living (and I do it well I might add) and its a smack in the face when its actuality and reality and not a case file coming in from my law practice. Its my personal life and its my papa. I like to keep my professional and personal lives separate but you are personally what you are professionally and vice versa, so I read once on a bubble gum wrapper.   

Maybe I should tape my business cards up in the nursing station or hang a flyer in the staff restrooms and start chasing those ambulances baby because there is money to be made and pumpkin,  I am money hungry :)  http://en.wikipedia.org/wiki/Ambulance_chaser

Alternative to Discipline Program Contracts or Agreements are LEGAL documents: Signing on the Dotted Line

This week at least three nurses have contacted my firm about Alternative to Discipline Program contracts.

What is an Alternative to Discipline Program? See http://www.aana.com/Resources.aspx?id=1150

Your State may have an Alternative to Discipline Program for Addiction.

Your State may also have an Alternative to Discipline Program for Practice Issues.

For example in Ohio, we have two Alternative to Discipline Programs: one for chemical dependency and one for practice issues. See http://codes.ohio.gov/oac/4723-6 and http://codes.ohio.gov/oac/4723-18.

Most states but not all states have an alternative to discipline program for chemical dependency for nurses.

These programs are wonderful! But there is a catch. There is always a catch. The catch is you are signing a legal contract and agreement and you are bound by the terms and conditions in this contract or agreement.

What I am seeing is that most nurses are presented with the contract or agreement in response to a complaint, self-report, etc. and just signing on the dotted line. Actually signing on multiple dotted lines because in most contracts and agreements you have to sign and/or initial multiple provisions.

So for alot of nurses, its not until you are 1-2 months into the agreement or contract that you realize the finality of the agreement or contract and the far-reaching implications for your nursing practice, career, and your life from this point forward until the end of the agreement or contract. This can be overwhelming to say the least.

If you are presented with an Alternative to Discipline Program agreement or contract by your State Nursing Board or a program affiliated with your State Nursing Board or State Nurses Association, talk to a license defense attorney.

I am not saying by any means that you should not enter into the program but you need to know the pros and cons of the program and you need to receive objective advice from a state licensed attorney acting on your behalf.

You don't have to retain an attorney and spend a few stacks on a retainer or flat fee. http://www.urbandictionary.com/define.php?term=stack

You can pay for a consultation with an attorney. We offer 15, 30, or 60 minute telephone consultations.

I am always surprised by the number of the nurses who contact my firm and want me to just review contracts, agreements, or answer one or more questions without establishing an attorney-client relationship in the form of a one-time consultation or retaining me for representation, counseling, and advising on a on-going basis.

A consultation with an attorney may cost you a hundred or so dollars, but isn't this worth it to you to receive objective information, counseling, and advise about the contract/agreement you are signing that will bind you for the next 3-5 years?

I kid you not, we had a nurse call the office this week who was charged with shoplifting and allegedly stealing items from a store with a value of less $200.00. My assistant suggested the nurse schedule and pay for a 15 minute telephone ($100) consultation with me to discuss her criminal case, how the criminal may impact her license (its LPN renewal this year in Ohio and Indiana and RN/LPN/APRN in Kentucky), and to receive objective advice and counseling. The nurse told my assistant if she had $100.00 she wouldn't have stole the items from the store.

Wow! This is my 2010 response to remarks or actions where I would normally use an expletive as I am trying to stop using profanity and curb my potty mouth. Wow!

I know we attorneys get alot of bad press. http://www.answerbag.com/q_view/38080

We are portrayed  by the media http://www.wisegeek.com/why-do-lawyers-earn-so-much.htm and seen by the general public as being greedy, money-grubbing, power seeking ambulance chasers or rich snobs whose only goal is to bleed you dry like a vampire who hasn't fed in a week. http://www.famguardian.org/Subjects/LawAndGovt/LegalEthics/42ReasonsHateLawyers.htm

That's not always true. There are alot of us who care about our clients and the industries we represent. If you have an issue with your nursing license chances are you may need a lawyer. Everyone wants something at no cost, low cost, or no cost but how realistic and practical is this in today's society.

There isn't a Legal Aid for the legal, workplace, and regulatory issues nurses, nursing students, NCLEX-Applicants, and individuals considering nursing as a career. What is Legal Aid? http://www.lascinti.org/.

Hot damn, maybe there should be a Legal Aid for Nurses!!!

 If you are presented with an alternative to discipline program contract or agreement:

1. Speak with an attorney and have your contract/agreement reviewed by a nurse license defense attorney in your state or jurisdiction; and

2. Research this issue online.