Should I sue the CA BRN?

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Long, drawn out probation with CA BRN.  Both probation monitor and CA BRN derelict in following up, not providing current courses and current websites. After license probation is passed thinking about getting Tort lawyer and hitting them with a civil lawsuit.  What should I do?

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Suing a state regulatory body like the CA BRN can be difficult due to immunity laws and other legal protections.

Immunity from Lawsuits

Many administrative boards have a quasi-judicial function when they adjudicate matters like licenses. Most state boards, including the CA BRN, have legal immunity when it comes to their actions performed in their official capacity, especially if they are acting within the scope of their duties (e.g., enforcing probation). This means that suing them directly may not even be legally possible unless you can prove some form of misconduct, negligence, or breach of duty by the CA BRN.

Legal Costs, Energy, and Time

Suing the CA BRN (or any government agency) would be a prolonged process. Government bodies often have substantial legal resources, meaning it can take a long time and cost a significant amount to litigate. Plus, as mentioned earlier, they may have immunity, meaning you might not even win the case. This could be a financial and emotional strain, and the outcome may not be favorable.

Alternative Options

  • Administrative appeals. If you believe that the CA BRN has made an error in your case, there might be an option to appeal their decision through administrative channels rather than pursuing a lawsuit. This could be less risky and more effective in getting a fair resolution.
  • Legal counsel. In your situation, it's best to consult a lawyer who specializes in professional licensing issues. These attorneys have experience dealing with nursing boards, such as the California Board of Registered Nursing (CA BRN), and can provide you with guidance regarding your probation, your license, and how to navigate any legal actions you may wish to take without resorting to a lawsuit. They can also assist you with other remedies, such as filing a complaint if the board has not fulfilled its obligations.

Civil Lawsuit as Last Resort

Suing the CA BRN might only be appropriate if there are extraordinary circumstances, like blatant misconduct or gross negligence on their part that has led to significant harm (e.g., wrongful suspension or invalid probation conditions). In those cases, it's important to consult with an experienced attorney to evaluate the strength of your case.

Conclusion

Take a moment after your license is restored. You have been through a lot, and you deserve some time to regroup before deciding to engage in any conflict, even if the BRN wronged you.

While the idea of suing may feel like the right step, in practice, it could take a lot of your resources right when you're beginning to practice nursing again without restrictions or probation.

Before you move forward with any kind of lawsuit, I highly recommend consulting with a reputable lawyer who specializes in CA BRN licensing matters to get a better understanding of your options. They may help you explore administrative channels first or advise you on how to proceed with minimal risk to your nursing license.

Nurse Beth

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