Board of Nursing Complaint

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Hello all,

I have received a notification stating I have a complaint filled aganist me with the board of nursing. They want me to give a written statement of my perspective..

it says I misdiagnosed a patient- i dx strain when it was a fracture. Luckily patient did come back quickly and got an xray.

my main question here is has anyone been through this? Should I get a lawyer ?

I feel really worried and would like any feedback.

thank you

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Specializes in Nephrology, Cardiology, ER, ICU.

Yes, I would definitely consult an attorney. I would be glad to remove this post too if you are concerned with your privacy.

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Just want to provide you virtual supportā¤.

I am sorry you are facing this. Definitely a wake up call for us all...

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Specializes in ICU, trauma, neuro.

I would not provide any written response without an attorney. Not only that but one with experience dealing with the Board of Nursing in your state. Also, contact your company as they may have provisions for your representation as well (mine will pay up to 50K in fees for professional licensing defense).

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Specializes in Psychiatric and Mental Health NP (PMHNP).

I am so sorry you have to deal with this. As others have said, please consult with an attorney. The first consultation is usually free. I would also advise you go back and check your charts to determine what you documented and to determine if you followed the usual standard of care. Did you document possible DDx that included strain, fx, etc and order appropriate tests and follow up? You might ask a colleague to review the case with you and get their honest opinion if you acted reasonably

Generally, in order to sue, there have to be damages, and I'm not sure what kind of damages, if any, this patient incurred. An incorrect initial diagnosis is not necessarily malpractice. That's why we have DDx and we have to go with one of them and r/o the other most likely ones. I can see how you may have diagnosed a strain instead of a fracture if it was a small fracture like a hairline fracture.

Best wishes - sending you good vibes. Please keep us posted if you can do so while maintaining confidentiality

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Thank you everyone for the good wishes. I am unfortunately already a nervous individual and this is not something i feel i can deal with.
thankfully the patient is fine.

i do not want to return to work because I just want to take a breather, as its mentally difficult to handle something like this for me, in my contract i have to give a 60 day notice otherwise I have to pay termination pay

i am going to speak with the medical director soon for his advice.

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1 hour ago, Power2020 said:

Thank you everyone for the good wishes. I am unfortunately already a nervous individual and this is not something i feel i can deal with.
thankfully the patient is fine.

i do not want to return to work because I just want to take a breather, as its mentally difficult to handle something like this for me, in my contract i have to give a 60 day notice otherwise I have to pay termination pay

i am going to speak with the medical director soon for his advice.

My friend literally just went through this. Don't panic yet. She called and talked to BON as soon as she learned of the complaint. They were very reassuring that the majority of complaints are either unfounded or they result in a finding that requires some CEU in the area of concern.

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Specializes in ICU, trauma, neuro.

Still, I wouldn't call the BON without first consulting with an attorney. One might say something that seems innocent, but which adversely affects their case later.

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Myoglobin i agree.

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Specializes in ICU, trauma, neuro.

Also there is an attorney/NP in Ohio who has a great Podcast called "The NP Dude" (free on I'Tunes). He will not take cases outside of Ohio. However, he might offer some insight/advice (at least in a general sense) of the best course of action going forward. Keep in mind that we are all subject to complaints and lawsuits (both as NP's and RN's) even if we do everything perfectly (which is of course impossible). The best we can hope for is wise, sound practice combined with risk mitigation approaches. Good luck, stay as calm as possible, trust that God/the universe has a plan and move forward with the winds of grace at your back (oh and of course spend the money for the best representation you can afford).

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Myoglobin

thank you for the suggestions

I have heard of the np dude! It is important as you mentioned this could happen to anyone and in any job and its easy to forget that. I do believe everything happens for a reason and nobody is perfect.

yes, I am going to get an attorney. Hopefully one that can help me fast as I have a deadline to submit everything.

once again thank you for the support

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12 hours ago, myoglobin said:

Still, I wouldn't call the BON without first consulting with an attorney. One might say something that seems innocent, but which adversely affects their case later.

I wouldn't call at all ? She is just Type A. They didn't talk about the specific case just in general. My point was just to reassure that generally it is resolved without significant recourse unless there was gross negligence

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