I'm being investigated by the BON!

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I came across allnurses when searching online for some advice about my situation. I have a letter from the BON telling me I am being investigated due to a complaint. They (BON) say I can respond in writing or arrange an interview with them. I know many will tell me to hire an attorney but I was terminated and I don't have any money. The complaint is malicious and I know there is no proof so I want to know if I should respond and say I deny the allegation? Or should I do nothing?

I have looked at several attorney websites where they give some do's and don'ts when facing an investigation, and some say don't respond while some say you should never ignore the BON's letter and you should respond in a timely manner. So now I don't know what to do.

For now, all I need to know is, what could harm me the most.....responding to say I deny it? Or not respond at all?

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Specializes in Family Nurse Practitioner.

You get a lawyer and ask him or her how to respond. Do not respond without legal assistance. Find a pro bono lawyer. Best of luck.

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Specializes in retired LTC.

Your BON has already become involved in a complaint against you. WITH or WITHOUT you, they will continue their investigative process as their function is to protect the PUBLIC (not you) from bad practitioners.

If you have your own , now would be the time to contact them without delay. There is also another current post here on AN that discusses whether nurses should appear before the BON without representation. The overwhelming answers have been for the nurse to have his/her own legal representation.

Per the Terms of Service here, we shouldn't seek or give out any legal advice. But this is your career we're talking about. I would think it too valuable to proceed without professional expert legal advice making your voice heard (at whatever your cost).

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The only legal advice we can offer you is for you to seek legal advice. You should not deal with the Board without legal counsel. Divulge no details on this site. Attorneys with experience dealing with nursing boards can be found at the referral service here: TAANA Executive Office - Home

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Specializes in Critical Care.

Look for a "License Defense Attorney" in your state. Unfortunately licensing boards dont' really operate like a regular legal system, so specialized lawyers are valuable. Were you part of a union at the time of the incident?

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Specializes in 15 years in ICU, 22 years in PACU.
The only legal advice we can offer you is for you to seek legal advice. You should not deal with the Board without legal counsel. Divulge no details on this site.

If ever there was a time to beg or borrow (not suggesting you steal) money NOW is the time. Assuming you want to continue to practice nursing.

Do NOT deal with the Board without legal counsel.

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Just wanted to put in another plug for always having your own professional liability (malpractice) insurance. So many nurses say they don't need insurance because the chance of their being sued is so slim. It's true that the chance of any individual RN being sued is, statistically, very small. This kind of scenario is a lot more common. And this (appearing before the Board to defend your license) is something that is covered by the standard policies. "Don't leave home without it!" :)

OP, hugs and best wishes!! I hope this will work out okay for you.

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Specializes in Psych, Addictions, SOL (Student of Life).
Just wanted to put in another plug for always having your own professional liability (malpractice) insurance. So many nurses say they don't need insurance because the chance of their being sued is so slim. It's true that the chance of any individual RN being sued is, statistically, very small. This kind of scenario is a lot more common. And this (appearing before the Board to defend your license) is something that is covered by the standard liability insurance policies. "Don't leave home without it!" :)

OP, hugs and best wishes!! I hope this will work out okay for you.

I concur, I have had professional since my nursing school days when it was suggested by our school that we purchase it. My premium is low about $100.00 a year for ! million dollars coverage. I have a home and family to protect and wouldn't count on my employer to back me up if the **** hit the fan.

Hppy

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Specializes in OR, Nursing Professional Development.

What could harm you most is possibly losing your license and not being able to make any money as a nurse, period. Yes, it's expensive, but that legal representation from someone who knows what they are doing will be completely worth it. This is why, if you don't already, you and every other nurse should have - this scenario with insurance means you will have someone looking out for you, and it's already paid for. If you don't have malpractice insurance (why? why do people believe that their facility will be looking out for their best interests or that it won't happen to them?), then contact TAANA as suggested by another poster.

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NEVER do nothing. The common law rule has always been, "Silence gives assent," meaning that if you don't speak up it means you don't want to challenge anything. (Quoting this is not practicing law or giving a legal opinion :) ) A one line note to the BON saying you disagree with the allegations is enough to get you started. Yes, you need an attorney. TANA is the way to go if for some reason you don't have .

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Thanks to all who have given advice. I guess I need to try get a lawyer.

One more question if that's ok. The letter from the BON says I should either respond in writing or arrange an interview within 20 days of the date of the letter (April 27) so that gives me until around May 17. If I can't get to see a lawyer before then, should I go ahead and write them I disagree with the allegation as the above poster advises?

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If you can not get an attorney through the TAANA referral service, look up the number to your local bar association and ask them to refer you to their "Modest Means" panel. This service is usually billed at a sliding scale fee after an initial consultation fee of about $25. Or, you can look for attorneys who offer a free half hour consultation to start. Another source for legal help is through your provider, who should be informed about the action anyway. Good luck.

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