Nursing Law & Order

Please Baby Please: Purchase an Individual Professional Liability Insurance Policy with a License Defense Benefit

If you have not done so already, please baby please, purchase a professional liability insurance policy with a license defense benefit today. 

I am transitioning back into hands on nursing practice soon here in Cincinnati. I will be working part-time as a RN in home health or hospice, part-time as a solo practitioner in private law practice, and part-time at the new Freddy's Frozen Custard on Winton Road. https://freddysusa.com/store/cincinnati-winton-rd/

My goal has always been to practice law and practice nursing and I miss hands on nursing care. I have interviewed with several home health companies here in Cincinnati and I will be starting a position next month. I plan to start per diem and work a few days a week in addition to practicing law.

I have been in private practice for 15 years and I turned 45 years old this month. I am not having another mid-life crisis but just trying to transition back into the traditional workplace a few days out of the week. I am looking at doing a combination of things for the next couple of years: defending nurses, providing patient care, project legal work, etc. just to mix things up. 

I said that to say that I need to purchase my own professional liability insurance policy with a license defense benefit. Call me bias because of TAANA but I will purchase a policy with Nursing Service Organization (NSO). http://www.nso.com/

I am not getting paid to NSO, NSO, NSO but I like the benefits offered with its policies. I am not telling you to purchase NSO insurance but you should have a policy with an insurer familiar with nursing malpractice as well as Nursing Board defense claims.  

https://www.amazon.com/Please-Baby-Classic-Board-Books/dp/1416949119

Baby please baby, please purchase YOUR OWN liability insurance policy with a nurse license defense benefit. 

APRNs and the Pill Mill Bill Spill in the Commonwealth of Kentucky:House Bill 1 was effective July 20, 2012

See the attached. Download KBNPillMillBillSpill

I would encourage APRNs in Kentucky to submit written comments to Nathan Goldman, Acting Executive Director and General Counsel for the Kentucky Nursing Board. Comments are accepted until October 1, 2012.

So what do you think? Do you think the Pill Mill Bill Spill Legislation is necessary or is it overkill?

 

I Can Feel It! Living, Sweating, Breathing, and Bleeding Nurse License Defense for $995.95?

My law practice keeps me very busy. I love what I do for a living and it is my passion. Nurse license defense is still and has always been my dream job. Being on the frontlines in nurse license defense has shown me there is a need for additional services for nurses and nursing students related to the law, legalities, and legal issues. This is phase II for my practice and I am sooooooo excited that I am finally able to move forward with consulting practice while continuing with my bread and butter, nurse license defense in the context of my law practice.

Nurses just a few pointers however, attorneys provide a service to the public just like nurses provide a service to the public. The difference being that nurses are typically paid an hourly wage or salary by an employer for the services provided while most attorneys quote the fee or the amount for the service being provided to the public.

Why is this important and what am I saying? After 11 years of nurse license defense NOTHING surprises me anywmore in the context of my law practice; I am seen the worst in the profession and the arguably some of the best in the nursing profession also. I am not surprised but just puzzled by the number of nurses who need legal representation before the State Nursing Board but decide for "cost" not to retain ANY attorney.

You spend anywhere from $15,000 to $60,000.00 on undergraduate and graduate school nursing education for an ASN, BSN, MSN, or PhD. LPN or LVN programs cost $10,000-$20,000 now.

After spending tens of thousands of dollars on a nursing education, the majority of nursing students and NCLEX Applicants with affirmative responses on a State Nursing Board application will roll the dice and apply for a license without consulting with an attorney on the responses to the application questions. "My nursing instructor said this isn't a disqualification so I should just apply", "I am a different person than I was 5 years ago when I committed those 4 felonies and 3 misdemeanors and the Nursing Board will see this." You don't say?

A LPN, RN, RN-BSN, RN-MSN, or RN-PhD has an income potential of several hundreds of thousands of dollars or several million over the course of a lifetime of nursing practice. That's money. Nurses, as LPNs, general RNs, or APRNs don't earn server wages plus tips. Yet this is the disregard I see with respect to the severity and seriousness of a State Nursing Board complaint and the possible implications on licensure, employability, and the nursing career. You don't say?

I hear all the time "I don't have that kind of money for a lawyer", which is usually anywhere from $3,500 to $9,500.00 with most cases being at the $3,500 to $5,500 range (excluding probation and monitoring with the State Nursing Board) and the most complex cases ranging from $7,500 to $9,500.00. Even APRNs, with advanced education and who certainly earn more and have more scope of practice and more autonomy than LPNs or general RNs will frown at representation and proceed pro se. I quote a few cases over $10,000.00 but usually not because how I can structure my flat fees on case milestones. I don't quote low ball fees; I don't have to do this and it isn't a sound business practice. I quote a fee based on me working your case and we have to work license defense cases, in my law practice anyway. We go hard in my practice, just ask my paralegal.

I am even seeing cases where APRNs and RNs start their own businesses providing nursing services and maybe billing the government for services and fail to consult with and work with a nursing law attorney on the business basics before opening the doors. This is a recipe for disaster. Just look at the number of Independent Providers who have their license suspended and are indicated for fraudulently billing the State of Ohio for home care services. Why don't these IPs, both RNs and LPNs consult with a nursing law attorney? How can you bill for services and also practice in your business as a nurse with advice and counsel of a nursing law attorney? Not the corporate or general practice attorney who did your LLC, but an attorney who can assist you with the nitty gritty practice and operational issues like job descriptions, scope of practice, etc.  

Most nurses spend thousands of dollars on a vacation or two in a year, a bathroom remodel, or some other expense or luxury but will frown at the investment into representation, counseling, and advising in a State Nursing Board complaint which can silence, stop, end, terminate, or unfashionably cramp, crop, and crimp a lifestyle with its career and employability consequences. 

I can't represent you for $995.95 in ANY case and certainly not one where the Board has issued a Compulsory Psychiatric Evaluation (these cases are akin to doing that old school dance "the fight", Cabbage Patch, the Snake, and the Humpty Hump to slow music if you get involved late in the game. See http://www.youtube.com/watch?v=3suw_vb6-fY) and you are licensed as a APRN in Ohio, Kentucky, Indiana, West Virginia, Michigan, and Illinois. Sorry.

Nursing malpractice and nursing negligence don't end careers baby; State Nursing Board complaints and discipline of the license are the career enders pumpkin pie. Don't believe what you were told in nursing school or what you were lead to believe by colleagues. The issues isn't malpractice or negligence it is State Nursing Board discipline. This is why I am so excited about Phase II to my business, it only took me 10 years to get here but I am ready finally to offer additional services and products for nurses and nursing students on understanding the law and the practical implications for nursing practice. Better late than never applies to me and maybe you.

I am also planning to start volunteering as a nurse later this year to get my hands back in nursing practice. If you know where I can volunteer as a nurse here in Cincinnati, email me or call my office. Just a few hours a month.

Do yourself a favor and retain an attorney if a complaint is filed against you with the State Nursing Board and not necessarily the least expensive or cheapest attorney. Do your homework and retain an attorney who practices primarily before the State Nursing Board, there are usually several in any given state. I get calls from nurses who go with an attorney just because the initial fee was so cheap only to find the representation, counseling, and advising isn't that great. Retain an attorney who lives, breathes, sweats, and bleeds license defense and has represented  a lot of nurses. License defense is a cross between criminal defense and family law because the stakes are high and the emotions run even higher. Criminal law, family law, and license defense are intense but guess what Hot Mama (that's me) is intense also.

Also, I can't spend an hour in-person or by phone with a prospective client; unless you are paying me for my time. I offer legal consultations.

Nurses, you don't work for free as a nurse so don't expect me or any other attorney to review a shitload of documents (35-45 minutes plus any research time) and tell you your options and next steps on how to proceed and what to expect over 45-60 minutes "at no cost" as an attorney. Just the facts: this isn't a solid business model for a solo attorney and although I have found my passion, I am in business to make money (I have to pay bills too) and provide needed and necessary services to nurses.

I receive on average 35-60 calls and emails from nurses in Ohio, Kentucky, and/or Indiana who have pending issues with the State Nursing Board MONTHLY. If I (or my paralegal) spent 1 hour with each prospective client (who may or may not retain me) how could I work for my clients who actually pay me to provide them services? Just between Ohio, Kentucky, and Indiana, there are over 11,000+ complaints filed in a fiscal year, every year. Nursing malpractice and negligence complaints "go to your room" and take a nap because State Nursing Boards complaints are "in the house."  

We have free will and if you decide to proceed pro se in a State Nursing Board complaint, I sincerely hope and pray things turn out all right and okay for you. I pray for myself, my clients, and all of us as nurses.

Sometimes it turns out okay for nurses who represent themselves in State Nursing Board cases; others are not so lucky. The landscape is changing before State Nursing Boards in Ohio, Kentucky, and Indiana; I can feel it like DMX.    http://www.youtube.com/watch?v=I0nAjxPV-E8      

I see it and I am living, breathing, bleeding, sweating and practicing it daily; you can't say the same when you represent, counsel, and advise yourself in a matter which can/may break your nursing career.

 

Workplace Incident to State Nursing Board Complaint to Career Standstill to Professional Suicide and No Lawyer

The headline above is a worst case scenario but it is a growing reality for a number of nurses who represent, counsel, and advise themselves in legal matters involving their license. I cannot tell you how important it is for nurses, whether you are a LPN, RN, or APRN to seek advise and counseling from a private nursing law attorney when a patient care or other significant issues arises in the nursing workplace. No one, whether it is your nurse manager, nurse supervisor, union rep, risk manager, etc. is going to say to you "You need to consult with your own attorney about this situation." I haven't heard it in my 11 years of solo practice in nurse license defense. Not once. Most of the time, a nurse contacts a nurse license defense attorney or nursing law attorney ONLY AFTER the defecation hits the ventilation: the complaint is filed with the State Nursing Board, your union rep tells you "you may need to resign instead of being fired", your employer terminates you and says "we are required to report this to the State Nursing Board", you receive a letter of Complaint from the State Nursing Board, you are told you are being named as a defendant in a nursing malpractice case, you are contacted by local law enforcement about the "incident three weeks ago", etc.

I often hear nurses say "I didn't know there were nursing practice attorneys or nursing law attorneys that help nurses." Yes, there are nursing practice attorneys and nursing law attorneys whose primary role is to assist nurses and/or other licensed healthcare professionals. See www.taana.org.

It is not the role of your nursing manager, nursing supervisor, nursing union representative, risk manager, or anyone else to counsel and advise you objectively about the seriousness of an incident from a licensure, career, employment, or credentialing perspective. This is the role of a private attorney who has experience in nurse license defense, nursing law, and professional nursing practice matters. And guess what? You can't find an attorney with this type of expertise and experience in the yellow pages usually.

Yes, you can call the attorney who handled your divorce, you call the attorney who has helped your extended family in a number of cases, you can put on a blind fold and open the yellow pages and pick an attorney and call for a "free consultation" about your specific issues which is usually a combination of nursing law, professional nursing practice, employment law, labor law, credentialing, criminal law, nursing negligence, etc. Guess what? That attorney will not PROBABLY NOT give you the answer you need because the attorney does not have experience in the area.

Also I am pleasantly surprised yet again by the number of attorneys who represent nurses before the State Nursing Board just to take a case and make a few bucks and who know little or nothing about what it takes to adequately and effectively defend a nurse before the Board and counsel and advise the nurse on attending matters. Is a nurse a nurse a nurse? Of course not. Therefore an attorney is not an attorney is not an attorney. Why do you want an attorney who practices primarily wills and trust representing you before the State Nursing Board? Is it better to have any attorney (regardless of whether or not the attorney has ever practiced before the Board or has experience advising nurses) as opposed to an attorney who can competently handle your case and assist you?

It is your case, your license, and your livelihood and this is a question you as the nurse should answer and consider when retaining counsel. I only practice in the areas of nurse license defense, nursing practice, and nursing law; no wills, no personal injury, no workers comp, etc. You don't have to retain me in Ohio, Kentucky or Indiana; just retain an attorney who can effectively represent you and who has experience representing nurses. Nurses as licensed healthcare professionals have different legal needs than your average consumer and this is significant in the context of representation. These cases are time intensive and you don't want an attorney to take your case and not work it like it should be worked.

What am I saying? I don't say much on the blog these days because my law practice is keeping me busy but I am getting fired up again because I am seeing where nurses are being TOO TRUSTING and not looking after and protecting THEIR LICENSE, CAREER, CREDENTIALS, and hard earned EDUCATION.

Sorry to say this but I am a nurse first also. Nurses are fungible; just look at how nursing employers terminated and discipline nurses: at the drop of a hat. A healthcare organization will fire a nurse with 25 years of experience and loyalty to the organization just as fast as it will terminate a new employee. If you pass gas (and you are not a CRNA :) on a patient care unit, you will be terminated and reported to the State Nursing Board because it "looks better" from a liability, public relations, and accreditation perspective.

But guess what, more facilities are throwing nurse supervisors, nurse managers, and nurse executives to the wolves and under the bus also. This does make me feel better and it shouldn't please you either because it typifies the harsh reality & environment of nursing practice now. More nurse managers and nurse executives are being terminated and I am receiving more and more of these calls and these nurse managers and nurse executives are also being reported to the State Nursing Board.

What am I saying?

1. You know your practice area, don't you? If something happens and its triggers an investigation in the workplace and you are involved, get your own attorney involved to review the situation with you and give you OBJECTIVE legal advice and counseling. You need to have your own Nursing Practice and Nursing Law counsel you can consult with about situations which happen in the workplace. If you are a nurse supervisor, nurse manager, and nurse executive, are you aware of your exposure?

2. Stop listening to the advice and counseling of everyone and their momma about the seriousness of an incident. It is human nature to underestimate the seriousness of an incident to a friend, colleague, or relative because you don't want the worry the person and you want the best for the person.

If I call one of my grandmother's right now and say "mom, I slapped someone and I may be charged criminally", the response will be "it is going to be okay. You are a good person. Who did you slap?  and "I know you type a lot, did you hurt your hand when you slapped this person?"

This may help me feel better emotionally but it certainly doesn't help me deal with the criminal, licensure, legal, and career implications of pimp slapping someone.

By the way, my little sister's 1 y/o son, open hand slapped me so hard (yes, he pimp slapped me) he knocked my glasses off. My sister says he picked this up this behavior in daycare and/or watching cartoons. Really? This was last month and I still smile about it daily. Thank you Baby Chris for putting a smile on Auntie's face whenever I think of you!!!

3. Nurses don't have the income and prestige of dentists or physicians but nurses certainly have similiar liability just a different context. http://www.nso.com/. Take a look at the report, Understanding Nurse Liability from 2006-2010 from Nursing Service Organization.

The public is more aware than ever that you can be sued and you can be reported to a licensing board. Nurses are not self-employed like most dentists and physicians and therefore USUALLY do not have a personal and private attorney for practice, workplace, and career issues. This should not prevent you from consulting with an attorney even if it is one a time basis.

Most nurse attorneys or license defense attorneys may offer a legal consultation. Pay the money and consult with an attorney. It is only your License, Livelihood, and Career on the line. I receive at least 10-35 calls or emails a month from nurses who need legal services but do not want to pay for a legal consultation or legal services. Attorneys like nurses don't work from free (this one doesn't anyway) and it is worth the money to consult with an attorney for a few hundred dollars rather than gamble with your career, isn't it?

I never represent myself. Why would I because I am biased and I would see the facts as I want to see the facts. This is human nature and this is why now more than ever it is important for nurses, a front-line providers who work as at-will employed nurses or who are part of bargaining unit, to consult with a private nursing law or nursing practice attorney about situations in the workplace. Gone are the days when you could say a hospital, nursing home, or healthcare organizations acted in the best interest of its employees; an organization asks what is in the best interest of the organization, right? It is the role of YOUR ATTORNEY to ask what is in the best interest of YOU, as a licensed nurse.

4. If you can, try to negotiate an individual employment contract with a healthcare organization which afford you the same rights physicians have in the medical staff bylaws. Individuals employment contracts hold power for nurses; it is not at-will employment or even collective bargaining. The future of nursing should be Nursing Staff Bylaws and Individual Employment Contracts for All Nurses.

Yes, I said it and I stand by it. I am on the front lines of representation because my clients are front line and bedside providers. The future of nursing lies in securing power and negotiating a seat at the table in healthcare and in the nursing workplace; this power can be obtained in Nursing Staff Bylaws and Individual Employment Contracts not Collective Bargaining Agreements and certainly not At-Will Employment, which is for the birds. This is my opinion and you should have your own opinion. You can email me until the cows come home baby and I will not change my opinion which has been solidified from years of nurse license defense practice and actual nursing practice in a variety of healthcare settings. I seriously doubt I will see cows in my backyard at my home or my office; maybe deer at my home but certainly not cows. Also I don't eat meat, but I may start again, if I see a cow in my backyard.

 

State Nursing Board Non-Compliance: If It Ain't Rough, It Ain't Right!

Thank you again to a client who had to remind me three times, yes three times to change the picture on my blog and facebook pages. I have lost a lot of weight (almost 60 pounds) and I am wearing my hair differently, so here is my new picture. 

The law practice has been extremely busy this year and thank you again to those of you who retained my services. I am noticing over the last few months, the Board cases are becoming increasingly more complex with personal, mental health, impairment, practice, or criminal aspects. 

I reviewed and revised my Legal Services Agreement to reflect the changes I am seeing in my law practice. 

1. I fire clients more readily now than in the past for not providing us with the requested information in a timely manner because this slows down the processing and reviewing of information and can lead to me being unprepared for a hearing, investigative meeting, appearance, etc. If you want a lawyer who will forget you were supposed to send in your performance evals, update your prescription meds, etc., then don't retain me. I will remember, there is a task in my project management software, AND it is in my hand-written and barely legible notes. 

2. I have a paralegal who works with me part-time and her role is exclusively Client Service, Management, and Scheduling. This has been wonderful! Thanks, Dani. 

3. I like what I do and I like who I am. Therefore I am announcing: I am a workaholic and I am proud of it. No excuses anymore like "oh, it is the nature of the beast" or "I really don't work that hard." I do work hard and I enjoy it. Therefore I am looking for another part-time paralegal to work Monday, Friday, Saturday, and Sunday in the afternoons. Also my boss is nuts and she keeps giving me work at all times of the day. 

4. Non-compliance, non-compliance, and more non-compliance. Are you non-compliant? Hell, I am non-compliant with my personal monitoring.  

If you are struggling with State Nursing Board probation and monitoring or compliance with an alternative to discipline program, get some help. Retain a lawyer to assist you. I receive more and more calls related to compliance issues than I used to because non-compliance with a contract results in breach of the contract, i.e. the suspension of a license or the inability to practice nursing. 

Why would you hire a lawyer after you have resolved your State Nursing Board case on your own? Because you need help, because you don't really understand why or what you signed and initialed fifty times, or because you have a few extra thousand dollars in your night stand. 

Life happens when you are being monitored by the State Nursing Board. Things will come up and down during a 1 to 5 year period you are being watched by the Board. Who are you going to call for assistance? Your State Nurses Association, Your Union, Your Employer, or Your Cute Lawyer. Look at my current picture and tell me who do you want to call? Call me. 

I revised my legal services agreement because in the future, I am executing another flat fee agreement when patterns of non-compliance emerge. My best friend says "if it ain't rough for some, it ain't right." This should NOT be your Motto during State Nursing Board Monitoring; maybe in other contexts but certainly not in the healthcare licensing setting.  

5. Nurses, Self-Employment, and Private Practice

I am being contacted by more APRNs in Ohio, Kentucky, and Indiana who own their own business or are planning to provide primary health services. Please keep in mind when you open a business providing healthcare services, you will need a general business attorney AND an attorney like cute lawyer to help you with nursing law, regulatory compliance, and risk management. 

I am seeing more self-employed nurses who open shop and just practice. You do so at your own peril because healthcare is highly regulated and you are assuming too much unnecessary risk, exposure, and potential liability. Yes, it costs money for specialized legal services but it is a cost of doing business in healthcare. I see this with Independent Providers, RNs and LPNs in Ohio also as well as CNS and RNs who own businesses. You cannot practice in your business and run your business without some type of risk management and regulatory compliance plan. You can but the consequences for nurses are swift and cold.

 

 

Home Health RN needed for the Plaintiff in a med mal case

This is an immediate need. Please forward.

An attorney colleague needs:

* a  RN to review medical records and provide an opinion for the plaintiff in a med mal case;

* must be available for a deposition and trial as a expert witness;

* RN, BSN or RN, MSN with certifications preferred;

* unemcumbered and unrestricted license (i.e. no discipline of any kind by any regulatory board); and

* prefer home health and long term care background, significant experience providing direct care in home health, and currently working in home health either in direct care or management.

Email your CV and a cover letter detailing your experience/expertise and your hourly rates for record review, depos, and trial to me at [email protected] .

Criminal Defense Attorney, License Defense Attorney, and the State Nursing Board: Oh me, Oh my!

Thank you for wishing me a Happy 39th Birthday.

If you are charged with a felony or misdemeanor which will have license implications (this includes all felonies and most misdemeanors depending on the State Nursing Board), please listen to this:

Criminal Defense Attorneys

1.  You want an attorney who practices criminal defense primarily, not just a case or two here and there. You want an attorney whose law practice is primarily criminal defense.

2.  Research criminal defense attorneys in your area before you hire a lawyer.

3.  Have a list of questions to ask the attorney and bring a friend or family member with you to also ask questions when you meet with the lawyer.

4. Don't just retain a lawyer. Research the lawyer, his/her firm, and the lawyer's experience.

5. Ask the attorney bluntly do they have time for your case and what can they do for you? I like being asked this question and it doesn't offend me. You are the client and the attorney is seeking your business and you are paying for a service: ask questions about the representation.

I am seeing instances where nurses are hiring lawyers who just don't have time to work their case or their case is considered "small fries" when compared to other cases the attorney or law firm is handling.

6.  Has the criminal defense attorney represented nurses or other licensed healthcare professionals  in criminal matters? In what types of cases?

7. Talk to other nurses and your colleagues and ask for referrals.

8. Contact your State Nurses Association and ask for a referral.

9. Contact your State or local Bar Association for a referral.

10. See www.taana.org.

11. Speak with more than one attorney about your case to compare fees.

12. Most importantly you have to be comfortable with your lawyer. Keep looking until you find an attorney who you feel comfortable with handling your case.

13. Obtain a written fee agreement for you to review. Ask questions about the agreement.

14. How accessible is the lawyer? This is extremely important. Who will be your primary contact with the law firm? The lawyer, a paralegal, legal assistant, or a receptionist? Can you communicate with the lawyer by office and/or cell phone, fax, email, text, IM, mail, etc?

15. Clarify up front whether or not the criminal defense attorney will be involved with the State Nursing Board. Will you have a criminal defense attorney and a license defense attorney or you will have one attorney who handles the criminal and the licensure matter? IMO, I think nurses should have two different lawyers when a licensure case and criminal case presents.

16. Don't wait to hire a license defense attorney when you have a criminal matter pending, especially if you have been charged with a felony or felonies. Get a license defense attorney on board ASAP after you hire a criminal defense attorney.

Who should you hire first? Criminal defense or license defense. It depends on the way your case presents.

Please, please, please keep in mind that administrative law and nurse license defense is niche. Most lawyers don't have experience representing, counseling, and advising nurses and other healthcare professionals in professional practice and licensure matters. Actions in the criminal case can impact your nursing license and the ideal situation is the following:

A. Having a criminal defense attorney to represent you in the criminal case(s);

B. Having a license defense attorney to represent you before the State Nursing Board; and

C. Having your criminal defense attorney and license defense attorney speak as necessary about case strategies.

All is not happy and snappy in nursing unionville: United American Nurses (UAN) litigation involving the Super Union Merger

I have no comments at this point. I need to review the complaints but here it is:

Download BNA article[1]

Download Converso[1]

Download Ross[1]

See also

http://op.bna.com/dlrcases.nsf/r?Open=mamr-7y4ufv, and
http://op.bna.com/dlrcases.nsf/r?Open=mamr-7y4ue9

Patient Safety and Medical Liability Reform

See http://www.whitehouse.gov/the_press_office/FACT-SHEET-Patient-Safety-and-Medical-Liability-Reform-Demonstration/.

Where does nursing fit into this equation? What do you think?

Ninety Notices of Opportunity for a Hearing issued by the Ohio Nursing Board: It Is What It Is

The Ohio Nursing Board at its September 2009 meeting last week issued 90 Notices of Opportunity for a Hearing. 90 Notices, baby. This is a big deal; well its a big deal for someone like me who defends nurses, practices before the Board, and follows the legal regulation of nursing practice in Ohio. But I guess, as my mom likes to say, it is what it is.

Since I have been practicing before the Ohio Nursing Board, I can't recall that many Notices being issued at one Board meeting and I have been doing this since 2001. Ohio is a larger state but again we are not California or Texas large. Ohio has over 200,000 Board of Nursing licensees.

What is a Notice of Opportunity for a Hearing?

Its considered public action where the Ohio Nursing Board is proposing to take formal action against the license of a nurse or Board of Nursing licensee. The basis for the proposed action against the license is also listed in the Notice and the nurse has to formally request a hearing before the Board.

I attended the first day of the Ohio Board of Nursing meeting last week. It was noted that half of the nurses who have hearings have attorney representation and the other half represent themselves. 50% of the nurses who have a hearing before the Ohio Nursing Board represent themselves.

Are attorneys that expensive that nurses are undertaking representing themselves?

Or is it "I watch Law & Order, CSI, and Boston Legal, and I can handle this hearing before the State Nursing Board."

I am not speaking badly about nurses who represent themselves in a hearing because self-representation is a right in this country. But again its not just the actual representation that is so important, its the counseling and advising. You are going to represent yourself, okay fine. But you are also going to counsel and advise yourself as well on the career, workplace, employment, regulatory, and license implications of "action against the license." Get the ______ out of here!

This explains why I am receiving calls and inquiries from Ohio nurses who have Board Adjudication Orders that they don't understand, they disagree with, they don't know what is the next step, or they want to "appeal" 6-8 months after a hearing.

I use flat fees so you don't "save" any money by waiting to retain me after you have agreed to action against your license or after a hearing. Actually it may be more expensive because its in black and white what you have to do and  "it is what it is."

This is the attorney in me who recognizes that the practice of law while a profession is also a business: some nurses will hire me on the front end (which is what I prefer) or some nurses will hire me on the back end (after signing a Consent Agreement or after a Hearing to assist them with the license reinstatement or probationary period) and the money I am paid on either the front end or the back end spends the same at Walmart (I miss Circuit City because you could buy the new release DVDs for $14.99).

But the nurse in me would like for nurses to consider attorney representation, counseling, and advising at the first hint of a disciplinary investigation with the State Nursing Board to protect your license and your career.  But it is what it is!

Birchaven Redux and the Saga Continues: Criminal Charges, Civil Suit, and State Nursing Board investigations, Oh My!

One might say this saga has it all. In my opinion it certainly illustrates what I am talking about when I tell nurses you have to be your own risk manager and have your own professional liability insurance policy with a license defense benefit. Unfortunately it is becoming all to common in healthcare to see cases with criminal, employment, civil, licensure, workplace, and regulatory implications for individual nurses. The good, the bad, and the ugly at its best, baby.

I am not representing any of the nurses involved in this case and I am planning to follow this story on my blog. All of this is public record and reported on various websites. Here is a brief summary of what you can gather from the public records and media reports regarding the incident:

Birchaven fired 8 nurses. The facility was investigated by the Ohio Department of Health and the Ohio Attorney General's office. Several of the nurses who were terminated were reportedly investigated by the Ohio Board of Nursing and the Ohio Attorney General's office because of the allegations. Criminal charges have been filed thus far against two of the nurses. There is a pending wrongful discharge and slander action filed by 4 of the nurses against Birchaven.

See http://www.thecourier.com/Issues/2009/Jul/16/ar_news_071609_story1.asp?d=071609_story1,2009,Jul,16&c=n.

See also

http://www.thecourier.com/Issues/2008/Aug/27/ar_news_082708_story6.asp?d=082708_story6,2008,Aug,27&c=n

http://www.thecourier.com/Issues/2009/May/29/ar_news_052909_story5.asp?d=052909_story5,2009,May,29&c=n

See my previous blog post about the Birchaven issue at

http://advocatefornurses.typepad.com/my2cents/2008/12/2nd-criminal-investigation-launched-last-month-involving-birchaven-facility.html

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Criminal cases, Nursing Board matters, and Civil Suits: Oh My!

Nurses, if you don't have your own policy, you may need it! Also the way healthcare is going now and how nurses are dissed and dismissed like a toddler smashing an ant, all nurses may need to have a legal defense slush fund for attorneys fees and costs and consider keeping an attorney or law firm on retainer.

Did you see my post on the incident involving the Texas nurses who were terminated and have criminal charges pending? http://advocatefornurses.typepad.com/my2cents/2009/07/texas-nurses-association-has-a-legal-defense-fund-for-2-nurses-criminally-indicted.html

Healthcare reform is nice but when does the reformation of the healthcare workplace and workforce begin?  

I don't know about you but I don't think this is what most of us as nurses picture when you say "I want to be a nurse." I want to be a nurse although I may be fired at-will, investigated by the State Nursing Board, and charged with a crime. The Sleeper Must Awaken. 

 

Two RNs will be awarded 4.9 million dollars in a whistleblower lawsuit

See

http://www.abajournal.com/news/record_24.7m_qui_tam_settlement_in_medicare_case

Guess What? Nurses Are Sued by Former Nursing Employers

I was contacted by another nurse who is being sued for breach of contract by a former nursing employer.

This is the 2nd or 3rd time this year I have been contacted this year by a nurse being sued by a former employer for breach of contract related to an employment agreement.

Just a few thoughts:

1. Each of the nurses who contacted me DID NOT have professional liability insurance. Guess what, you are responsible for the costs and fees related to your legal defense and its costs money to retain an attorney. Are you seriously going to try to represent, counsel, and advise yourself in a civil matter where a preliminary injunction has been filed, the case will be arbitrated pursuant to the employment agreement by the American Arbitration Association, etc?

2. You should not sign an employment agreement without having it reviewed by your own attorney first. Let me rephrase this, Why would you sign an employment agreement without having it reviewed by an attorney first?

Guess what, it costs money to have an attorney review a contract. Some attorney will charge you a flat fee to review an employment contract and meet with you to discuss your options and the terms and conditions in the contract. Don't just go off "willy nilly" and sign an employment agreement thinking that the chances of your employer or former employer suing you are miniscule. No sir re Bob!

3. If you receive correspondence from a former employer's attorney, don't blow it off. Schedule a consultation with an attorney to discuss your options. Guess what, it costs money to have an attorney consult with you. Some attorneys charge a flat fee consultations.

4. You really place yourself at a disadvantage when you don't have your own professional liability insurance and you are named as defendant or a complaint is filed against your license unless you can afford to retain an attorney "out of pocket." 

Amicus Brief in California Board of Registered Nursing Case

See this Amicus Brief filed in Board of Nursing licensure cases in California:

http://www.taana.org/content/documents/amicus_brief06-2008.pdf

Do you agree or disagree with the brief?

What Happens if You are Served with a Subpoena for a Deposition

I was contacted by a nurse who was served with a subpoena for a deposition in a medical malpractice case. The nurse provided care to the patient.

The nurse doesn't have professional liability insurance. The deposition is scheduled for this month.

The nurse isn't a party to the lawsuit however of she is concerned about protecting her interests and not incriminating herself. She of course is nervous. She wants to hire legal counsel to prepare for the deposition and attend the deposition with her.  

Guess what? She will have to retain her own legal counsel. Why?

1. She doesn't have her own professional liability insurance. A policy like the one available with Nursing Service Organization (NSO) would provide reimbursement for attorney representation at the deposition. See www.nso.org. (I am not in any way or fashion affiliated with or employed by NSO).

2. Her former employed was not named as a defendant in the lawsuit and has no obligation to provide her with legal representation or the services of its legal counsel for the deposition.

Consider purchasing your own individual professional liability insurance policy. Like other forms of insurance, you don't need it until you need it but when you do need it, its there.