Charged by BON for negligence resulting in brain injury of baby

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

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How much trouble am I in, Nurse Beth?

I was reported to then Board of Nursing in my state (by the family suing the hospital, OB physician, and myself). The Board of Nursing investigator told they have a prosecuting attorney.

The allegations against me are:

Negligently failing to properly evaluate mother's medical condition while in labor and during delivery of her daughter;   Negligently failing to properly monitor mother's medical condition while in labor and during delivery of her daughter;  

c. Negligently failing to obtain necessary physician consultation and evaluation regarding mother's medical condition while in labor and during delivery of her daughter;  

d. Negligently failing to properly and accurately report to physicians the mother's medical condition while in labor and during delivery of her daughter;  

e. Negligently failing to properly respond to mother's declining condition while in labor and during delivery of her daughter;  

f. Negligently failing to properly evaluate Plaintiff Baby'smedical condition while her mother was in labor and during the delivery process;  

g. Negligently failing to properly monitor Plaintiff Baby's medical condition while her mother was in labor and during the delivery process;  

h. Negligently failing to properly respond to Plaintiff Baby's declining condition during delivery;  

I. Negligently failing to properly respond and evaluate the fetal heart tracings during prolonged and difficult labor;   

j. Negligently failing to properly interpret the fetal heart tracings during labor and delivery;  

k. Negligently failing to timely implement medical treatment to address category II and III fetal heart tracings during labor and delivery.  

l. Negligently failing to implement, utilize, enforce, and follow appropriate hospital policies/procedures/protocols;

m. Negligently failing to implement the chain of command to ensure patient safety;  

n. Negligently injuring causing permanent brain injury to Plaintiff Baby;  

o. Providing medical care and treatment to Mother while in labor/delivery with her daughter that fell below the applicable standard of care for nurses and other health care providers in an OB hospital setting; and  

p. Providing medical care and treatment to Plaintiff Baby during the labor/delivery process that fell below the applicable standard of care for nurses and other health care providers in an OB hospital setting.  

As a direct and proximate result of the negligence of Defendant [redacted], Plaintiff Baby suffered a brain injury that has left her permanently mentally and physically impaired. As a direct and proximate result of Defendant [redacted] negligence, Plaintiff Baby has suffered in the past and will continue to suffer in the future, injuries, damages and losses as specified in more detail herein.

The Defendant will require 24/7 care for the rest of his life. Defendant is 7-years old, non-verbal, wheelchair-bound, and is 100% dependent on parents for ADL's.

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Specializes in Tele, ICU, Staff Development.

It's important to note that I'm not an attorney.

I am sorry to hear that you are going through this. It can be standard practice for attorneys to cast a wide net regarding medical malpractice claims during labor and delivery.

It is devastating to face allegations of negligence from the Board of Nursing. However, it's essential to approach this situation with clarity and a plan. 

I recommend that you get an attorney immediately who is experienced with the Nurse Practice Act in your state and specifically has worked with the Board of Nursing (BON). You can find one at The American Association of Nurse Attorneys.  They can guide you through the process, help you understand your rights, and represent you before the BON. Your lawyer will work to build a strong defense by gathering evidence, interviewing witnesses, and potentially calling upon expert witnesses to testify on your behalf.

In situations like this, the outcome can vary significantly depending on the specific details of the case, the evidence presented, and the legal arguments made.

Provide your lawyer with all the information they need to mount a robust defense on your behalf. Try to recall everything you can about that day. Every detail may be necessary to your defense. 

Consider seeking support during this challenging time. Dealing with legal proceedings is emotionally and mentally draining, so having a support system in place can be beneficial.

The gravity of the situation emphasizes the importance of taking proactive steps to defend yourself with diligence. You can effectively navigate this challenging circumstance by closely collaborating with your legal representation and staying informed about your rights and options.

Very best wishes,

Nurse Beth