Tag Archives: nursing complaint

Texas nursing license defense lawyerNursing is full of opportunities and positive, career-advancing opportunities. It is also filled with potential risks that can place your license in jeopardy. Thankfully, there are some strategies that you can use to decrease your chances of an investigation from the Texas Board of Nursing (BON). Learn more about them, and discover how an experienced nursing license defense attorney can help protect your license, should you find yourself the subject of an investigation.

Mitigate Against Medication Errors

Of all the potential risks to your nursing license, those related to medication errors are the ones that you are most likely to experience. That is because they happen far more often than most practicing nurses realize, and you are at the level at which they are most likely to occur. Mitigate against them by following all medication protocols, practicing effective communication, and by ensuring you administer only what is prescribed to the correct patient at the right dose.

Stay Current on Developments in Your Field of Practice

Medicine is constantly and rapidly evolving – so much so that it can be difficult for even the most diligent of nurses to stay current on developments within their practice. Yet, by doing so, you can reduce your risk of an investigation from the Texas BON. Staying current also improves patient safety, and it can improve the quality of care that they receive from you.

Advance Your Degree and Stay Current on CEUs

While you may not be required to advance your degree, doing so can improve your critical thinking skills and problem-solving skills, while also expanding your knowledge of the practice. Nurses are also encouraged to stay up-to-date on their continuing education credits, as well as their licensing credentials for any state in which they practice.

Know When and Where to Ask for Assistance

If you have made a mistake in your practice, or if you believe that you may be at risk for an investigation, it is critical that you take immediate steps to protect your nursing license. If you are a union worker, review your rights to determine if they can help. Also, contact an experienced nursing license defense lawyer, as this not only ensures your license is skillfully protected, but it can also reduce the stress you experience while working through the investigation process.

With nearly 30 years of experience in the legal-medical arena, Oscar San Miguel, Attorney at Law, is the firm to trust. Skilled and experienced, our Texas nursing license defense lawyer can take swift and aggressive action to defend your right to practice. No matter what the circumstance, we fight for the most favorable outcome possible. Call 512-228-7946 to schedule your free and personalized consultation with our office.



Texas nursing license defense lawyerWhen the Texas Board of Nursing (BON) finds evidence of wrongdoing during an investigation, they may take disciplinary action against the nurse in question. What are these actions, and how might they affect your right to practice nursing? The following explains, and it provides details on how an experienced nursing license defense lawyer can mitigate against the disciplinary action that may be taken against you.

Emergency Disciplinary Actions

Unlike other types of disciplinary measures, those titled as emergency actions may occur before the nurse has had a chance to defend him or herself. Typically, such actions involve the temporary suspension of a nurse’s license. General guidelines indicate that the BON should have clear and convincing evidence that the nurse may place the safety of patients or the public at risk (i.e. notification of a pending criminal charge).

Nurses may not be immediately aware of the suspension, but the Board is required to provide notification once the decision has been made. If you have received a notice of an emergency action against your nursing license, or you believe that it may be a possibility because of a recent event, it is crucial that you contact an experienced attorney as soon as possible.

Other Types of Disciplinary Action

The Board of Nursing has an arsenal of actions that they can use to discipline nurses. Some are temporary. Others are permanent. Nearly all are frustrating and costly. Examples of such actions may include:

  • Administrative fines;
  • Civil penalties;
  • Public reprimand;
  • Mandatory remediation;
  • Restrictions on the nurse’s right to practice medicine;
  • Mandatory continuing education courses;
  • Mandatory drug rehabilitation;
  • Random drug testing;
  • Temporary suspension of the nurse’s license;
  • Remediation; and
  • Permanent revocation of a nurse’s license.

When Your License is at Risk

Staying out of trouble might seem like a pretty straightforward thing – follow the Code, act ethically, and conduct yourself with professionalism at all times – but there are many ways that a nurse can enter the BON’s disciplinary system. A wrongful DUI arrest may result in the emergency suspension of a nurse’s license. Even if the charges are dismissed, it may be difficult to get their license reinstated. A nurse may be reported by a vengeful ex-partner, ex-spouse, neighbor, co-worker, or another individual. There are even instances in which charting mistakes lead to investigations for drug diversion.

Because the risk is great, and the chances of being referred for disciplinary action is high, nurses are encouraged to seek experienced legal assistance as soon as they learn of a complaint or action against them. Backed by nearly 30 years of experience, Oscar San Miguel, Attorney at Law, is the name to trust. Learn more about how our Texas nursing license defense lawyer can help protect your license. Call 512-228-7946 today.



Texas nursing license defense lawyerIf there is one ever-present risk that advanced practice registered nurses (APRNs) should be aware of, it is the potential for disciplinary action from the Texas Board of Nursing (BON). Well-known for their almost antagonistic behavior and disciplinary environment, the BON can swoop in with little to no warning. They can upend your practice and may even try to pry into your personal life. Protect your nursing license in the face of an investigation, and guard it from unfair scrutiny with help from the following tips.

Most Common Reasons for a Complaint

Every healthcare professional has its own respective Board to report to. For nurses, that Board is the Texas Board of Nursing. Yet, even within this same licensing Board, nurses and APRNs face unique issues. For example, APRNs typically experience complaints that are quite different from those faced by registered nurses. Some of the most common ones for APRNs include:

  • Breach of the standard of practice (SOP);

  • Drug diversion;

  • Alcohol or drug abuse;

  • Ethical or moral issues;

  • Criminal activity (including those not related to practice);

  • Failure to diagnose a serious condition; and

  • Overprescribing controlled substances.

All of these possible complaints can result in serious consequences for APRNs. Examples of disciplinary actions that may be taken against you include license suspension, license revocation, fines, required continuing education courses, and/or public reprimand that can scar your reputation.

Board Members are Not Colleagues

Despite what you may have been led to believe, the Board of Nursing is not in place to protect your interests. Yes, they are a Board of your peers, but their purpose is to protect the interest and safety of the public. Any confusion in this area can result in serious and devastating missteps during your investigation - some of which could potentially result in disciplinary action against you.

How do you protect yourself in such an environment? Play it safe and always be on guard, and no matter how innocent or frivolous the complaint or investigation against you may seem, always take it seriously. Most of all, ensure your rights are protected throughout the investigation by hiring an experienced nursing license defense lawyer.

Protecting Your Nursing License

If you have received notice of a complaint from the BON, or have had an investigator contact you for information, it is critical that you take action immediately. Contact Oscar San Miguel, Attorney at Law, for help in protecting your license. Backed by more than two decades of experience, our Texas nursing license defense lawyer will protect your rights and aggressively pursue the most favorable outcome possible. Call 512-228-7946 to schedule your consultation with us today.


Texas professional license defense attorney, nursing standard of care breachesWhen treating or overseeing the treatment of patients, all licensed nurses are required to follow a set of rules and regulations. Otherwise known as the Nursing Standard of Care, these guidelines are developed by the Texas Board of Nursing (BON). This very same agency oversees investigations and orders disciplinary actions when a standard of care breach occurs or is suspected. If you are facing an investigation, know your risks and if or when action should be taken.

Nursing Standard of Care

Actions that a nurse should take in treating patients—and actions they should avoid—are all outlined in the nursing standard of care. The nurses standard of care covers important patient matters, including privacy, safety, and consent. Breaches typically violate one or more of these standards in some form. Examples may include:

  • Negligence that contributes to a serious injury or the death of a patient;
  • Abuse, fraud, exploitation, or a violation of a patient’s personal boundaries;
  • Inaction when a patient’s life is in danger;
  • Failure to clarify treatment regimen that the nurse believes may be inaccurate, life-threatening, ineffective, or contraindicated in the patient;
  • Conduct that leads a patient, fellow nurse, or managing staff to believe the nurse’s practice is impaired by drug or alcohol abuse;
  • Actions that indicate a lack of knowledge, judgement, skill, or diligence in treatment;
  • Disclosing a patient’s confidential information to an unauthorized party;
  • Performing a test, procedure, or task for which the nurse is not licensed or authorized to complete; and
  • Disparities in treatment (or failure to follow a patient’s wishes regarding treatment) based on race, age, disability, economic status, gender, sexual orientation, race, religion, national origin, or health complications.

Board of Nursing Investigations and Disciplinary Action

If a nurse receives a complaint or allegation regarding a breach in the standard of care, the BON may launch an investigation. How far that investigation goes and whether or not any disciplinary actions occur will depend on a variety of factors, including the allegations made, the severity of patient outcome, the level of suspicion or amount of evidence, and the nurse’s former investigatory history.

In a perfect world, disciplinary action would only be taken against nurses that have, in fact, done something wrong. Unfortunately, this is not always the case. Many nurses are investigated for incidents beyond their control—situations that went wrong despite everyone’s best effort. Some even have their licenses suspended or lose them completely because they make the wrong decisions during the investigation phase. Do not let this happen to you; protect your license with the help of a skilled professional license defense attorney.

With more than two decades of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, understands the complexities of nursing standard of care cases. Dedicated to providing you with the quality representation you need and deserve, he can ensure your rights are protected throughout the entire process. Call 512-228-7946 and schedule your free initial consultation with a Texas professional license defense attorney today.



Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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