I survived the Board of Nursing

I have been a nurse for over 30 years. I was working as a Nursing Director for a non-profit organization supporting adults with intellectual disabilities. I had worked there for several years but the stress was taking its toll, so I decided to move on to something less stressful. A full two months after I left, I received a letter from the board of nursing stating that there was a complaint against my license. Nurses Professionalism Article

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Where do I begin? I have been following this site for years and it has been a source of both comfort and anxiety. The following describes my ordeal handling a complaint against my nursing license.

I was almost physically sick as I read page after page of allegations of neglect, poor judgment, failure to follow nursing standards -the list went on. To be honest I could not believe what I was reading, much less begin to understand where all this was coming from. Many of the complaints were about areas that I was not even responsible for. The letter gave me 10 days to respond to the allegations. My first instinct was to get a lawyer; I let my husband talk me out of it. He was convinced, as I was, that I simply had to respond to the allegations and they would go away. HOW WRONG I WAS!! Foolishly I thought that if I simply explained what really happened the situation would be resolved.

I submitted my carefully crafted response and waited for the board to exonerate me. After four months with no response, I contacted the board to find out what the status of the complaint was. After some transfers, I was informed by the board's lawyer that they were moving forward with disciplinary action. I did not know what to say or do - I was in complete shock. I managed to ask what recourse I would have, I was told that I would be able to request a settlement hearing once I was formally notified of my charges. I immediately contacted a lawyer. BEST MOVE I MADE. She carefully reviewed the information and submitted a letter to the board that all further communication was to come through her. I then sat and waited for nine long months for the formal charges. I prayed, worried, stressed, and cried my way through those months. If it had not have been for the support of my husband I would not have made it through the whole ordeal.

Finally, I received an email outlining the charges - all eleven of them. I was devastated, but once I got myself together I sat down and carefully read them. Charge, after charge I had clear evidence to refute. I contacted my lawyer who had already requested a settlement hearing. I went over the charges and my evidence to refute the charges. She spent two days carefully crafting a response to each allegation and attaching supporting evidence.

The settlement hearing came a month later - I can't explain how I felt looking into the faces of the board members and explaining complaint after complaint. I was an exemplary nurse, who had never had a bad report or performance evaluation and here I was practically begging for my license.

The board had not conducted ANY type of investigation, had not contacted my former employer, requested records, or interviewed me -NOTHING! It took all of 30 minutes and I was dismissed to wait for their decision.

Later that afternoon, I got the best phone call from my lawyer, all charges were dropped - case closed. That's it - it was finally over. Needless to say this has left a bad taste in my mouth. The board could just as easily have taken my livelihood away from me without doing their due diligence. Looking back I am so disappointed in an entity that supposedly is in place to protect the public yet failed to conduct a proper investigation on allegations that turned out be completely false.

Specializes in Registered Nurse.

I am glad you finally had the charges dropped and I understand your points regarding the lack of investigation. False allegations are a worry for all of us. Come on retirement!

2 Votes
Specializes in PICU, Pediatrics, Trauma.
suseliz said:
"How much did it cost for all the legal fees? If you don't mind letting us know, just to have a ball park of what getting a lawyer costs if we're ever in such a situation?"

This is the reason for getting malpractice insurance! They pay your costs to defend your license against the board of nursing. They will provide or recommend an attorney. I have carried my own malpractice insurance for 40 years.

Google it. Pay attention to the ads you get in the mail. Don't do anything else until you buy it. The cost is reasonable.

Don't be in the position of having to pay legal costs out of pocket.

Does Malpractice pays fees to protect from the BONs or the public? Not sure...

I paid $7000 to my lawyer and we didn't even go to a hearing. The BRN.charged me with $15,000 in cost recovery. My lawyer got it reduced to $9000.

1 Votes
Specializes in PICU, Pediatrics, Trauma.
Alex Egan said:
i never felt with the BON thank God, but I had a criminal complaint filed against me for my work in homecare. Four months of being blackballed by every employer. A pathetic investigation by the local and state police. Then wrangling a letter from the DA saying that there was no evidence and they were declining to prosicute. I was lied to by every detective, and no one cared about the fact that I was loosing my house because I couldn't get a job. The system sucks. None of them are for your benefit as a Nurse. If you get in a situation where a complaint has been made FIGHT with all your resources because your at a severe disadvantage, and no one cares what's right.

Yes, this and more. The BRNs in particular assume you are guilty, not inocent until proven otherwise as is supposed to be case in our laws. I am so sorry for what you went through. We are financially devistated as well.

1 Votes
Specializes in Family Practice, Med-Surg.

Does Malpractice pays fees to protect from the BONs or the public? Not sure...

I paid $7000 to my lawyer and we didn't even go to a hearing. The BRN.charged me with $15,000 in cost recovery. My lawyer got it reduced to $9000.

Both.

1 Votes
Specializes in Family Practice, Med-Surg.

"Does Malpractice pays fees to protect from the BONs or the public? Not sure...

I paid $7000 to my lawyer and we didn't even go to a hearing. The BRN.charged me with $15,000 in cost recovery. My lawyer got it reduced to $9000."

Both. My is through the Mercer Company. NSO is another. Last time I paid my liability policy to State Farm I noticed they had some kind of malpractice coverage. Don't work another shift until you get your own coverage.

There are workshops on nursing malpractice. Take the courses. There are great courses online.

1 Votes
Specializes in PICU, Pediatrics, Trauma.
suseliz said:
"Does Malpractice pays fees to protect from the BONs or the public? Not sure...

I paid $7000 to my lawyer and we didn't even go to a hearing. The BRN.charged me with $15,000 in cost recovery. My lawyer got it reduced to $9000."

Both. My malpractice insurance is through the Mercer Company. NSO is another. Last time I paid my liability policy to State Farm I noticed they had some kind of malpractice coverage. Don't work another shift until you get your own coverage.

There are workshops on nursing malpractice. Take the courses. There are great courses online.

I have researched and taken several classes online. Unfortunately, since I do have a charge I am no longer eligible for .

I carried it for several years. I can kick myself now for letting it go.

ALL NURSES...get Malpractice insurance. I thought, as many do, that I was safe and knew I am an ethical nurse. I NEVER expected this to be a concern.

1 Votes
Specializes in Educator.

Without going into specific detail - I did find out where the complaint came from. It was not my former employer, who was astounded when I informed them of the situation. I was able to get representation at a reduced cost because the lawyer was a friend of my family. I have since reinstated my that I had let lapse a year prior.

Malpractice insurance would have covered my costs.

1 Votes

Was this whole thing an act of malice from the former employer? I would want to investigate that and if there is sufficient evidence, sue them. After that I would go after the board for failure to perform their duties as commanded by the governor of your state. You may think after what you've been through that you just don't have the energy but I would encourage you to muster it from somewhere and follow through. After all is said and done, after 30 years, just retire. I would certainly give them cause to regret their actions.

1 Votes
Tommy5677 said:
Was this whole thing an act of malice from the former employer? I would want to investigate that and if there is sufficient evidence, sue them. After that I would go after the board for failure to perform their duties as commanded by the governor of your state. You may think after what you've been through that you just don't have the energy but I would encourage you to muster it from somewhere and follow through. After all is said and done, after 30 years, just retire. I would certainly give them cause to regret their actions.

She said "not a former employer". Must've been a former patient then...

1 Votes

It is not only demoralizing to have a letter from the state BON but really makes you think about giving up a profession you love. The BON is NOT a friend of the nurses nor a protector of the public. They are only there to better themselves and promote their personal agenda. If it really takes over a year to resolve an issue and they can reopen at any time, how are they projecting the public? Many times it is used by an employer to keep an employee in line and product inferior care to the public. Really makes you wonder why anyone would want to be a nurse anymore.

1 Votes
BeenThere2012 said:
This all costs lots of money...upwards of $40,000.00. If you do not have access to this amount or more, you are stuck.

:wideyed: I should have chosen law school!

1 Votes
Specializes in ICU; Telephone Triage Nurse.

That is a frightening experience. I'm so happy you were exonerated, but you sure worked hard to get there. I'm sure you had many sleepless nights.

It's scary that could happen to any one of us, and the burden of proof is on our shoulders, not the other way around. The very thought makes me shiver right down to my toenails.

A coworker said something in passing once I will never forget: the SBON exists to protect the public, not nurses.

You've also convinced me to pick up some ASAP.

1 Votes