Need Advice Regarding Complaint to BON

Nurses General Nursing

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Need Advice Regarding Complaint to BON

I received a notice of a formal complaint to BON regarding a Pt. that I was taking care of. They fell 35 - 45 min. into the night shift after I had given report to the oncoming night RN and had left the building. They're saying I left the bed alarm off and caused the fall. The next day I was told about the fall....the night RN said what had happened but then "played it off" saying that the Pt. was fine.

Additional thing to note....
- I saw that the Pt.'s family had been turning off their family member's bed alarm off, while they were visiting due to the annoying noise. I educated the family on the dangers of continuing to do so.

I never heard anything else until the end of my shift. Then while driving home I got a call from my recruiter saying they were canceling my contract.

Never had anything like this happen to me....I'm completely clueless on how to proceed. What's going to happen to me? Am I going to lose my license? According to the letter I got in the mail I have 30 days to submit a written statement.

Any help would be greatly appreciated.

allnurses Guide

hppygr8ful, ASN, RN, EMT-I

4 Articles; 5,020 Posts

Specializes in Psych, Addictions, SOL (Student of Life).
1288 said:

I received a notice of a formal complaint to BON regarding a Pt. that I was taking care of. They fell 35 - 45 min. into the night shift after I had given report to the oncoming night RN and had left the building. They're saying I left the bed alarm off and caused the fall. The next day I was told about the fall....the night RN said what had happened but then "played it off" saying that the Pt. was fine.

Additional thing to note....
- I saw that the Pt.'s family had been turning off their family member's bed alarm off, while they were visiting due to the annoying noise. I educated the family on the dangers of continuing to do so.

I never heard anything else until the end of my shift. Then while driving home I got a call from my recruiter saying they were canceling my contract. 

Never had anything like this happen to me....I'm completely clueless on how to proceed. What's going to happen to me? Am I going to lose my license? According to the letter I got in the mail I have 30 days to submit a written statement.

Any help would be greatly appreciated.

Do you have ? You need an attorney Try American Association of Nurse Attorney's At TAANA Executive Office - Home. Do not go before the BON without an attorney they are not your friend.

Hppy

Nobody really knows if the bed alarm was on or not. Especially at shift change. Night nurse could just also receive a complaint.  Bed alarms are pretty much useless. By the time anybody can react, patient can be on the floor. 

Patient is fine. Family wants money. You were canned because you are a contractor.. and the facility does not want liability for a contractor in any situation. Certainly agree with getting an attorney. What does your recruiter say?

Did you chart your teaching about turning off the bed alarms to the family? 

1288

2 Posts

Recruiter and company won't do anything until I'm clear of this.
Unfortunately I didn't chart the conversation with the family. 

mtmkjr, BSN

448 Posts

3 things:

Bedside report - this is the kind of thing that can be noted when you round on the patient together in hand off. 

This was also on the oncoming nurse, 30 to 45 minutes into the shift she should have already then rounds on the patients. Again, ideally in bedside report.

Document document document anytime patient or family is not compliant with any part of their care which includes safety interventions. 

I think the response was extreme, as the patient was not injured. It would be nice if you could take this just as a lesson learned, but I agree with Hppy in getting an attorney as it sounds there may be more to it than what we see here. 

Specializes in Geriatrics.
1288 said:

Recruiter and company won't do anything until I'm clear of this.
Unfortunately I didn't chart the conversation with the family. 

Then it didn't happen. CYA. Always.

I'm hoping that I understand correctly that you just posted this Thursday 10-19-2023. If so, yes I'm typing this in all caps HIRE AN ATTORNEY EXPERIENCED IN DEALING WITH THE BON IMMEDIATELY!! Do not even consider replying to your employer or the BON about this without an attorney. Both will hang you out to dry! I am speaking from experience. I have a permanent reprimand on my nursing license from 2 years ago. It was placed 2 years ago for an accident that occurred 4 years ago. The accident occurred while performing routine nursing care according to the standard of care with approved equipment. I won't go into the whole story. I will say it was not a severe incident. The patient required 5 stitches. My career has very likely ended very prematurely. I was a 22 year BSN when it happened and am a 26 year BSN now. I have 37 years of healthcare experience. I've never had any kind of investigation, reprimand or problem of any other sort with any license/certification I've ever held. I have been turned down for so many jobs.

I currently run out of money in about 3 weeks. I have no income, have animals, a mini farm and am in the midst of a bitter divorce. My divorce attorney also just told me that he told my husband's attorney that I am unemployed (I'd told him not to) and notified me that he's retiring and won't be able to complete my case.

I've contacted 2 law firms experienced with dealing with the BON and both say there is no chance of getting a reprimand removed from a nursing license and they wished I'd hired them once notified of the complaint against me.

If I can't get a job by the time I run out of money, honestly, my life is game over. I'm absolutely terrified. If I have to give up my animals, I have no other reason to exist. PLEASE, PLEASE, PLEASE get an attorney asap! Good luck!!

Specializes in Nurse Attorney.

"Patient is fine. Family wants money. "

There is no indication that there was a lawsuit - only a nursing board complaint.  There is no money in that for a family.  Most complaints about nurses to the board are made by employers, not families. And patient harm is not necessary for licensing discipline.  Get a lawyer in your state who has experience representing nurses before your nursing board.  Quickly.

EdieBrous said:

"Patient is fine. Family wants money. "

There is no indication that there was a lawsuit - only a nursing board complaint.  There is no money in that for a family.  Most complaints about nurses to the board are made by employers, not families. And patient harm is not necessary for licensing discipline.  Get a lawyer in your state who has experience representing nurses before your nursing board.  Quickly.

We shall see.

Specializes in Nurse Attorney.

Not sure what "We shall see" means - am just explaining that families/patients don't make money with nursing board complaints and reports to the nursing board are much more likely to be made by an employer than by a patient.  Those are just facts, your cynicism notwithstanding.

EdieBrous said:

Not sure what "We shall see" means - am just explaining that families/patients don't make money with nursing board complaints and reports to the nursing board are much more likely to be made by an employer than by a patient.  Those are just facts, your cynicism notwithstanding.

Not cynicism. Realism. OP only knows that the BON has received a complaint.  I am concerned that there is more to come.

Specializes in Nurse Attorney.

There might very well be more to come, but, again, the point is that the family will not get money from a nursing board complaint which is what she was writing about. And again, it is more likely that the hospital reported her to the board than the family.

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