Tag Archives: nursing license

Texas nursing license defense lawyerHaving your nursing license suspended can place your very livelihood at risk, but it does not have to be forever. You can have it reinstated, once you meet certain conditions. Unfortunately, the process of reinstatement is both complex and time-consuming. Learn how an experienced nursing license defense attorney can help you through it, and how having one on your side can improve your overall chances of a favorable outcome.

Meeting the Conditions of Reinstatement

Before your nursing license can be reinstated, you must meet certain conditions – namely your ability to safely practice. That can mean providing proof of a drug diversion or treatment program after having your license suspended for an addiction, or it might mean taking additional continuing education units (CEUs) to show you have made the effort to rectify any alleged lapses or shortcomings in the care you provided to patients. Keep in mind that there may be more than one requirement and that each case is unique. Speak with an experienced attorney to determine what measures you will need to take before your nursing license can be reinstated.

Attending the Informal Conference

Nurses who have had their license suspended must also go before the Texas Board of Nursing (BON) for an informal conference hearing. Composed of peers in the nursing industry, the BON is the same authority that oversees the licensing of all nurses in the state. They are also responsible for disciplining nurses who have violated the Nursing Practice Act or otherwise compromised patient care or safety. They are also the ones who made the decision to suspend your Texas nursing license, and they will decide if it can or should be reinstated.

Sadly, far too many nurses do not recognize the gravity of their situation – even after a suspension has occurred. They wrongly assume that their peers will understand why a mistake occurred and that they will be empathetic to the challenges that you face in your everyday practice. This simply is not the case. Though the BON is comprised of nurses, their primary concern is to protect the safety of the public, and if they have questions regarding your ability to safely practice medicine, they may not reinstate your license.

How Our Texas Nursing License Defense Lawyer Can Help

Reinstating your license may be a difficult and stressful process, but Oscar San Miguel, Attorney at Law, can help. Dedicated and experienced, our Texas nursing license defense lawyer can handle all the administrative aspects of your case, and we can represent you in front of the Texas BON to improve your chances of a favorable outcome. Get the help you deserve. Call 512-228-7946 and schedule your free consultation with us today.


Texas nursing license defense lawyerOf all the errors that nurses make in their practice, those related to medications are some of the most common. Sadly, when a nurse makes such a mistake, it can place their license in jeopardy. Learn how to reduce your risk of medication errors, which can ultimately decrease your chances of an investigation with the Texas Board of Nursing (BON), and discover how an experienced attorney can help protect your nursing license if an error and investigation do occur.

Understanding How Medication Errors Occur

Most medication errors begin with a failure to document or failure to properly document.  Even if the case is truly only a documentation error, the Board raises the allegations to include possible diversion of medications by the nurse. Even though, technically, the Board has the burden of proof, in practical terms the nurse is obligated to try to prove he or she is not a drug abuser!

Another concerning issue is that, when medication errors do occur, hospitals and the BON tend to take a punitive approach. Yet, when looking at the real reason why medication errors occur, it becomes clear that individual practitioners are merely vehicles in a complex and broken system.

As an example, consider an emergency room situation: an unconscious patient is suffering from suspected anaphylactic shock. To save the life of the patient, the doctor gives a verbal order for epinephrine. The nurse who is supposed to administer the medication hears the order, but a sick and screaming baby distracts them, which then causes them to hear the order incorrectly. The patient then receives too much or too little medication, which could place their life at risk.

Communication and distractions are not the only potential causes of medication errors, however. Lack of knowledge about the drug prescribed or how it interacts with other drugs, limited patient history, transcribing errors, and automatic medication dispensing practices that cut out the last safety check are all factors that increase the risk of a medication error. Thankfully, diligent nurses can use a few strategies to reduce their overall risk.

Reducing Your Risk of a Medication Error

Nurses typically have the most contact with patients, and that makes them more prone to medication errors – but it also gives them more power in preventing them. Of course, some strategies do rely on the facility or practitioner (i.e. root-cause analysis, computerized order entry systems, barcoding systems, etc.). However, a nurse can make a difference, even without the support or acknowledgment of his or her superiors and facility. Examples can include:

  • Repeating orders to ensure you heard them correctly;
  • Charting the order at the time it is given;
  • Using handoff strategies when changing shifts;
  • Recognizing which patients have the greatest medication error risk;
  • Follow right patient-right medication-right dose protocol;
  • Take a full patient history to the best of your capabilities in any given situation;
  • Check the order for potential oversights (i.e. prescribing a medication to which the patient is allergic); and
  • Educating new nurses on the protocols and strategies that reduce medication errors.

Dealing with a BON Investigation

Almost all medication errors result in a referral to the Texas BON for investigation. In such situations, nurses are encouraged to protect themselves and their licenses from possible suspension or revocation. Contact Oscar San Miguel, Attorney at Law, for assistance. Dedicated and experienced, our Texas nursing license defense lawyer can take swift and aggressive action in your case. Call 512-228-7946 to schedule your free consultation today.


Texas nursing license defense attorneyFalsifying information – whether by deception or omission – is a serious issue that may result in adverse licensing actions from the Texas Board of Nursing (BON). Sadly, many nurses are inclined to think that falsification begins and ends at lying about one’s credentials or scope of practice – and nothing could be further from the truth. Learn more about falsification in the nursing industry, discover what you may be up against if you are accused of committing this action in your practice, and discover how an experienced attorney can help protect your nursing license from suspension or revocation.

Falsification in the Nursing Industry

While the most obvious form of falsification would include lying about your nursing credentials, identity, or scope of practice, there are also other, less obvious forms of falsification in the nursing industry. Completing charts, en mass, without being certain that the information entered is valid would also be considered a form of falsification. Inaccurate entries, documenting treatments or medications that were not given, and attempting to cover up an adverse outcome are other common forms of falsification in the nursing industry.

Of course, not every nurse charts inaccurate information intentionally; some simply do so because they are understaffed, overworked, and highly fatigued. Some may accidentally enter the wrong days or times, due to working extended or double shifts. In other words, falsification does happen by accident. Sadly, the Texas BON is rarely empathetic to the situations that nurses face.

Understanding the Potential Consequences of Falsification

Depending on the circumstances, a nurse may face criminal charges for falsification. Nurses may also face disciplinary action from the Texas BON. Such actions may include the suspension or revocation of one’s nursing license, probation, mandatory continued credit units, reprimand, and censure. Thankfully, a nurse does have the right to fight the allegations that have been made against them. Furthermore, they have the right to seek legal counsel throughout the entire disciplinary and investigative process.

Contact Our Texas Nursing License Defense Lawyer

When your nursing license is on the line, it is more than just a matter of credentials. In some situations, it could be your very livelihood at risk. Get the skilled and experienced assistance you need during your investigation. Contact San Miguel, Attorney at Law, today. Backed by nearly 30 years of experience in the medical-legal arena, our Texas nursing license defense lawyer can aggressively pursue the most favorable outcome possible for your situation. Call 512-228-7946.




Texas nursing license defense lawyerLearning that you are the subject of a complaint or investigation with the Texas Board of Nursing can be stressful – and not just because you must handle the complaint. Such issues may also place your livelihood at risk. Thankfully, there are ways that you can mitigate the damage. Learn more about protecting your nursing license with help from the following information.

Complaints Are Serious Matters

Perhaps one of the biggest and most common mistakes that a nurse can make during Board investigations is to underestimate the gravity of their situation. Nursing boards like the Texas BON can suspend or even revoke your nursing license. They can restrict your right to perform certain duties, and they can require you to complete sobriety testing or additional training – even if you have not done anything wrong. Above all else, understand that this is a serious matter, and it should be handled with great care.

Contact an Attorney

Of all the steps that a nurse can take to protect their license during an investigation, contacting an attorney is probably the most crucial. More specifically, hire a lawyer that has experience in administrative law and license defense – someone that understands what you are up against. Until you have one secured, do not respond to inquiries and do not send a response letter. Doing so could complicate your case and any information you provide can be used against you.

Keep the Matter to Yourself

Unless you are required to notify your insurance company or employer of a pending investigation against you, do not discuss the complaint with anyone other than your attorney. This includes Board members, investigators, witnesses, complainants, or other vested parties. Again, your attorney should be handling these matters to mitigate any possible damage.

Meet - Better Yet BEAT – the Deadlines

Inquiries and requests from the BON are time sensitive. Unfortunately, nurses are busy people, which can make it easy to overlook or forget about a deadline. Sadly, doing so can damage your credibility and could result in serious adverse actions against you. So, as difficult as it might be to ensure you handle aspects of your complaint in a timely manner, ensure you do everything in your power to not just meet the deadlines, but BEAT them.

Schedule a Free Consult with Our Texas Nursing License Defense Attorney

If you or someone you love is facing a complaint with the Texas Board of Nursing, contact Oscar San Miguel, Attorney at Law, for assistance. Backed by nearly 30 years of experience in the medical-legal arena, our Texas nursing license defense lawyer can skillfully represent you in your BON complaint or investigation. Schedule a free and personalized consultation by calling our office at 512-228-7946 today.


Texas nursing license defense attorneyAll across the country, nurses are speaking out about staff shortages and sub par care. To some, that may not make sense – especially since nurses are the care providers – but to those in the industry, the message could not be more clear. Staff shortages compromise patient safety. They force nurses to work in conditions that increase their risk of an error, which can ultimately endanger their livelihood. Learn more about how the negligence and actions of the wrong employer could negatively affect your nursing license, as well as what you can do about it.

Minnesota Nurses Making Headlines

In perhaps one of the most publicized employer-employee issues involving nurses is the current situation in Minnesota. Backed by the Minnesota Nurses’ Association, scores of local nurses are filing complaints against their employers. The reason? Because staff shortages have led to an increase in complaints and are compromising patient safety.

State statistics also back their concerns; complaints alleging delayed treatment have risen from 1,362 in 2014 to 2,131 in 2016, and complaints regarding a staff shortage that created patient safety concerns went from 136 to 436 during that same time-period. If all that is not concerning enough, hospitals in the area have closed entire units because of staff shortages.

How Hospital Staffing Issues Can Affect a Nurse’s License

Staff shortages mean that nurses are operating under sub par conditions. It also means that they may be working extended – sometimes even unreasonable – hours, which can lead to fatigue and blurry thinking. The result? A nurse that is more likely to make a mistake, and a patient that is more likely to become annoyed and file a complaint. Sadly, if this happens, the nurse may be held responsible by the Board of Nursing, even if the substandard care is not their fault.

When Your Employer Places Your Nursing License at Risk

Although nurses may not have the power or ability to change the circumstances of their employment alone, they can do it with assistance. Protect yourself with help from a union. Make official complaints that force your employer to deal with staffing issues. Above all else, if your license is ever jeopardized, and you become the subject of an investigation by the Texas Board of Nursing, contact experienced legal assistance to protect it.

Oscar San Miguel, Attorney at Law, has nearly 30 years of experience in the medical-legal arena. Dedicated and experienced, he will aggressively pursue the most favorable outcome in your case. To learn how our Texas nursing license defense lawyer can assist you, schedule a free and personalized consultation today. Call our office at 512-228-7946.




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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