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LVN probation

LPN/LVN   (534 Views 6 Comments)
by ependytes ependytes (New Member) New Member Nurse

44 Visitors; 3 Posts

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hello nurses I really need your help right now. Im glad i found this website here's my situation

the LVN board lawyer in CA wants me to settle for a 3 year probation for documentation error i did 3 years ago. My lawyer is suggesting that I should accept it and just settle it with the board. 

Heres the background to the story. 3 years ago I signed a medication but it was not given, it wasnt intentional because we dont carry MAR during that time it was an honest mistake. I told the DON that I will correct my documentation but after an hour or 2 of telling her that she called me to her office and wrote me up then suspended me,  because  according to her there wws complaints from the family that I did not give the medications without given me the chance to correct my documentations. To make story short i got suspended for 3 days. After 3 days suspension I am supposed to go back to work but the the DON texted not to clock in and to see her in her office and that day they gave me the termination paper, so ok fine I accepted it, I moved on after 2 years I received a letter from the board that there was a complaint against me by my employer. I admitted to the board the mistake i did. So now my lawyer is indicating that I should settle it with the board for 3 years probation and I have to pay for the investigation fee. 

My question should I fight it or should I just accept and agree to the settlement?

During that time we don't have MAR during the med pass, the outgoing nurse pre pour all the evening medications and I handle atleast 30-40 patients. 

 

Please I need your answer ASAP hopefully you can help me decide on what to do. 

Edited by ependytes

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Alex Egan has 9 years experience and works as a Peds PDN.

6 Articles; 22,824 Visitors; 847 Posts

This is not what you want to hear, but let’s go. 

If your lawyer is telling you to take the deal take it. Assuming you have a lawyer who is proficient in this area of practice. Lawyers are professionally and legally obligated to advise you in your own best interest.  If this guy has experience with such matters, and he’s telling you this is a good deal, he’s right. 

 Look, I’m just some guy on the Internet. I don’t have the particulars of your case, or know the way the board of nursing usually rules on this type of complaint in your state. Your lawyer does.

The BON is not out to be fair, there is no assumption of innocence or consideration of mitigating factors.  It’s job is to punish nurses, and that’s what it does. If you go in front of that board you’re going to walk away with discipline, the only question is what you get. 

 

 

Edited by Alex Egan

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52 Visitors; 3 Posts

You should never work for an employer that does not provide a MAR for you to pass you meds. Nor should u pass some ones meds someone else prepared. You allowed the facility to put your license on line for them, and then they turn there back on you like that and try reporting you. That’s horrible you have to be very careful and be able to learn and know the type of DON you are working for. Best of luck to you. You already admitted your mistake now u must do what your lawyer says yes. Because it’s going to fall back on you. They taught you all that and will hold you accountable. Nobody cares about your license but you!!! That’s how you have to think at all times. You worked hard for it. 🙏🏼🙏🏼

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44 Visitors; 3 Posts

yah I learned that the hard way. Thank you. 

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44 Visitors; 3 Posts

On 4/22/2019 at 2:57 AM, Alex Egan said:

This is not what you want to hear, but let’s go. 

If your lawyer is telling you to take the deal take it. Assuming you have a lawyer who is proficient in this area of practice. Lawyers are professionally and legally obligated to advise you in your own best interest.  If this guy has experience with such matters, and he’s telling you this is a good deal, he’s right. 

 Look, I’m just some guy on the Internet. I don’t have the particulars of your case, or know the way the board of nursing usually rules on this type of complaint in your state. Your lawyer does.

The BON is not out to be fair, there is no assumption of innocence or consideration of mitigating factors.  It’s job is to punish nurses, and that’s what it does. If you go in front of that board you’re going to walk away with discipline, the only question is what you get. 

 

 

Thank you!

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225 Visitors; 4 Posts

That is terrible that you would be fired based on a non- life threatening med/documentation error. That should have been just a write up. Trust me, I have worked for Shady Organizations and that's why I have pondered the idea of Malpractice insurance.

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