I dont' have a clue what to do, please someone help me.

HusbandofNewGradRN · Sep 28, 2012

I've got a state inspector that will not stop calling me. I have already talked to this person about a situation that is being investigated, but now she is wanting to talk to me again and will not stop calling me. I'm terrified to talk to her because I know my documentation is probably bad, and she's going to call me on it. I don't know what to do; I don't know what I'm going to say to this person that I haven't already said; I have told her everything that I remember about the situation. I'm sick right now (literally) and I'm stressed and I'm tired of my job.

Sorry to hear of your troubles. Have you sat down yet and wrote down on paper a detailed list ofwhat happened during this "incident" ? If not I suggest you do so, you never know when you are being recorded and they may even intentionally contact you in hopes of confusing you and getting multiple stories that differ.

Are you in a nurses union ? If so you have the right to exercise your Wiengarten Rights which allows you to have union representation present during an investigatory interview. If your not in a nurses union you may take the time to consult legal council. I think you may find that an initial consultation with a lawyer versed in this area will do wonders on what you should or should not do.

In any event try to relax and don't let yourself be pushed around. Find out your rights and push back if you have to. Alot of medical facilities and some of the management work solely on intimidation thinking you won't stand up. the same goes for state and other government agencies.

Good luck !

CapeCodMermaid, RN · Sep 29, 2012

In Massachusetts, the Department of Public Health would not have to allow you to have a union rep.It is disconcerting to be involved in an investigation, but stay calm and only answer what they ask.

artsmom, BSN, LPN · Sep 30, 2012

To go even further with what CapeCodMermaid said- answer every question literally as it was asked. I read somewhere (?allnurses) that said if asked -"can you tell your birthday?", just answer yes. Do not give your birth date. They simply asked if you could. Investigations are scary, but you do need to call her back!

iluvivt, BSN, RN · Sep 30, 2012

Are they are responding to a consumer complaint?

allnurses Guide · Oct 1, 2012

Just thought I'd give an update. I finally called this woman back and simply answered

her questions the best that I could. She repeated a lot of the same questions that she

had already asked me before and then at the end of the interview, kinda sighed and said

"Well, I guess that's all I have to ask you". So I HOPE I'm in the clear here.

Yes, it was pretty much, a consumer complaint.

It's one of those things in which, every nurse or aide who has taken care of this

one resident, has been called. I couldn't figure out why this woman wanted so badly

to talk to me AGAIN. To see if I'd change any of my answers, I suppose.

artsmom, BSN, LPN · Oct 1, 2012

Just thought I'd give an update. I finally called this woman back and simply answeredher questions the best that I could. She repeated a lot of the same questions that shehad already asked me before and then at the end of the interview, kinda sighed and said"Well, I guess that's all I have to ask you". So I HOPE I'm in the clear here. Yes, it was pretty much, a consumer complaint. It's one of those things in which, every nurse or aide who has taken care of thisone resident, has been called. I couldn't figure out why this woman wanted so badlyto talk to me AGAIN. To see if I'd change any of my answers, I suppose.

Yup. Typical that they ask the same questions a thousand different ways. My mom spent three hours in front of a panel of lawyers answering the same questions over and over. It is still scary though. Hopefully it is all over for you now.

CapeCodMermaid, RN · Oct 1, 2012

As annoying as the surveyors can be, they have to investigate any claim of abuse or mistreatment or any complaint. At the end of the day, they are the ones who say whether or not the complaint was valid and if there will be any further action, which usually means they will be going after your license.

If you have nothing to hide, tell them the truth. Quite often the ask the same thing again and again since they, like us, don't want to make any mistakes especially when it comes to someone's livlihood and professional reputation.

I hope all is well for you.

manager123 · Oct 3, 2012

This may be too late but for anyone involved in a complaint or possible action against your license, I have 3 words of advice: Call a lawyer! They may not be able to sit with you during the initial investigation (state laws vary) but they will be clearly needed if the state wants to revoke or suspend your license. Having someone who can provide advice from the word "go" is invaluable.

If you don't know of a good lawyer ask folks in a risk management department for referrals. You need one that specializes in BRN complaints. Hospitals also are typically notified if you are being investigated for any reason as your HR is typically sent to the investigator. HR might be a good place for referrals as well.

I can guarantee your employer already knows you are being investigated and often before YOU know.

The investigators do not have to be nurses. They may not understand what you are describing or saying and their report may have raised questions that need clarification and this is why the second call for clarification.

RkfdNurse1 · Oct 3, 2012

So glad it may be over for you. However, you said.... "I'm terrified to talk to her because I know my documentation is probably bad, and she's going to call me on it." So you can prepare for future issues, perhaps now is a good time to brush up on your documentation skills. I was called to give a deposition concerning a deceased patient. The POA was suing everyone that even looked at this patient, which was incredible given that she herself couldn't ever be reached with questions or info about the residents condition. I went in to the attorney representing us nurses right before my deposition and was given a copy of all my charting concerning this patient. I read over everything and was confident I did not err in any of my care. It was all documented, right there, 3 years after the patient died. I was able to answer every question asked in my deposition and 3 weeks after I was called in, I received a letter telling me I was dropped from the lawsuit due to my excellent documentation. Just food for thought.

bradleau · Oct 3, 2012

I have been called in twice over a 20 yr period regarding a lawsuit by patient or family. It is true that anyone who was on duty that time period were called in to talk with the facilitys lawyer. None of this was done by phone call other than to schedule a time for you to come in. How these cases were settled I do not know. I do know to only answer the question, do not add to it. The last case that I was called in and questioned was one in which all I did was co-sign electronically for the PCA medication. I was in the room at most 5 min. each time. To witness the loading of syringe and wasting of the removed one. As for myself I had been recovering from major surgery and complications of infection. I had not worked for 18 mo. But I remembered this patient. Anyway the lawyer filled me in on what had happened and told me what the sueing was about. Because my name was attached to this patients record, I was part of the investigation. ( Pt. died at home several months after discharge, spouse wanted money). Our documention is all on the computer and it does not look at all like what you put into the chart. You chart by exception, so if the patient met certain standards, all you did is put in a check mark. If not, then you wrote a more detailed note.

SENSUALBLISSINFL, BSN, RN · Oct 3, 2012

My friend has suggested to acquire insurance; especially since I am new graduate. I have still to get one as I want to get a job first. I believe one can get insurance through ANA and they do provide with legal representation, though I am not sure if they would in this case.

Hopefully all is good for you.