Learning 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.

Source:

http://minoritynurse.com/licensing-board-complaints-and-investigations-what-every-nurse-should-know/

All 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.

Source:

http://www.startribune.com/nurses-union-reports-a-rise-in-complaints-of-unsafe-hospital-practices/415515174/

When hospitals, urgent care centers, or private practices are short-staffed, nurses can be at an increased risk for serious mistakes that compromise the safety of patients. This, in turn, can increase the nurse’s risk of an investigation from the Texas Board of Nursing. If you or someone you care about is facing a staffing shortage at work, the following information may be able to help mitigate the risks and impact of a complaint.

Communicate Clearly and Effectively

Whether speaking directly with a patient, fellow nurse, or an overseeing physician, it is critical that you communicate clearly and effectively. Address patient concerns and always ask if they understand or have any further questions. Pass on information in an area where there are minimal distractions and low to no risk of a breach of confidentiality. Lastly, ensure your charting is always done correctly and in a timely manner to prevent unnecessary mistakes or oversights in patient care.

Follow Up on Delegated Tasks

Delegated tasks can sometimes result in a breakdown in care. If you are the nurse in charge, this can result in an investigation and/or disciplinary action against you. For this reason, it is critical that you always follow up on any tasks that you have delegated out to other staff members. Ask them if they completed the task, request specifics, and always chart their response. Further, you may wish to note whenever a task is completed by another staff member; this can help to protect you, should there ever be a breakdown in care or communication.

Practice Extra Self-Care in Your Downtime

Though it can be difficult to find time to care for yourself, it is absolutely critical that you do so during staff shortages. Use your downtime from work to sleep, exercise, read, or enjoy time with friends. Give yourself permission to step out of work mode, even if only for only an hour at a time. This can help you to feel more refreshed and rested once you do go back on duty. In turn, you can reduce your risk of an honest but serious mistake.

If a Complaint is Issued Against You

No matter how hard you work to mitigate the risk of a complaint, it is likely that you will eventually face one. If and when this happens, it is imperative that you seek skilled and experienced legal assistance. This can ensure you do not fall victim to an unsubstantiated claim (which happens far more often than most nurses realize), and that you and your license are protected if you did happen to make a mistake.

Oscar San Miguel, Attorney at Law, has more than 20 years of experience in the medical-legal arena. Dedicated to helping you navigate the complaint process with the least amount of stress possible, we will fight for you. Schedule a consultation with our Texas nursing license defense lawyer to learn more about how we can assist you. Call 512-228-7946 today.

Sources:

http://www.aacn.nche.edu/media-relations/nursing-shortage-resources/impact

https://www.americannursetoday.com/protecting-yourself-from-malpractice-claims/

Although there are legal protections in place for nurses facing an investigation from the Texas Board of Nursing, investigators are not typically keen on informing nurses of their legal rights. In fact, investigations, in and of themselves, can be rather adversarial. When you add in the potential consequences, such as license suspension and revocation, the importance of knowing how to protect your license becomes clear. How, exactly, do you do this? The following explains further.

Understand the Investigator’s Intent

One of the most common and serious mistakes that nurses make is assuming that, because the Board is comprised of peers, they are allies. Make no mistake: though they are a group of your peers, their duty is to protect the public. They cannot legally take action against you without justification or reasonable cause. Yet, if you behave as though they will understand your decisions, stance, position, or reason for a mistake or oversight, you may very will give them exactly the justification they need.

Never Feel Pressured to Talk to an Investigator

Investigators can come at you from several different angles. They might send you a letter to notify you of a complaint, but they may gather evidence beforehand and then question you. Some might even try to catch you off guard to test your veracity. To make matters worse, anything you say to an investigator can and likely will be used against you in your case.

Protect yourself by ensuring you have spoken to an attorney before you ever speak to an investigator. If they catch you off guard at work, on the phone, or anywhere else, politely ask them for their business card or phone number and let them know that your attorney will be in touch. Even if you do not yet have one, this single step can save you from making a critical mistake in your investigation.

Hire an Experienced Texas Nursing License Defense Lawyer at the Start

A nursing license defense lawyer is an invaluable advocate when facing a complaint with the Texas Board of Nursing. They can ensure you are treated fairly by the BON, head off any conversations with the investigator, handle much of the legal process, and aggressively protect your rights throughout the entire process. Further, those that turn to an attorney early on are better positioned to defend their license, from beginning of the investigation to the end.

If you are facing a complaint with the Texas Board of Nursing, turn to Oscar San Miguel, Attorney at Law. Backed by more than 20 years of experience in the medical-legal arena, we have the skills, knowledge, and resources to effectively protect you in an investigation. Schedule your consultation with our Texas nursing license defense attorney to learn more. Call 512-228-7946 today.

Source:

http://ana.nursingworld.org/mods/archive/mod995/canlegalnrsfull.htm

Learning that you are being investigated by the Texas Board of Nursing is an unnerving experience. To make matters worse, you may not have any initial details as to why the complaint against you has been filed. This hardly seems fair, considering your license may be at risk. Thankfully, there are things that you can do that may improve the outcome of your case.

Always Take Investigation Notifications Seriously

First and foremost, it is critical that you take any and every investigation notification seriously. Board of Nursing investigations can result in the suspension, revocation, or non-renewal of your nursing license. So, no matter how unfounded the complaint may seem, regardless of how easy you think it might be to prove your innocence, never underestimate the risks.

Contact an Attorney Immediately

All too often, nurses and advance practice registered nurses wait until matters have started to spiral out of control before they contact an attorney. This makes for a situation in which the focus is on damage control, rather than trying to get ahead of the matter. Further, it can ultimately hurt your case since anything that you have said and done up to that point cannot be erased from the minds or records of the Board. Rather than take this approach, get on the offense. Contact an attorney the moment you learn of an investigation and have all communications directed to your lawyer.

Be an Active Participant in Your Case

Hiring an attorney does not mean that you can simply sit back and do nothing. There will be records that need viewing, details to go over, and possibly even experts and witnesses to consult with. Take an active role in your case by ensuring you provide all information and communications to your attorney in a timely manner. Be available to answer questions and help your attorney understand the context of the situation. This will give them what they need to effectively and aggressively defend your case.

Practice Self-Care and Seek Support

While some cases with the Texas Board of Nursing may be resolved in a timely manner, others can take a while to resolve. Avoid burnout and reduce stress by taking care of yourself during the investigation process. Eat well, exercise, and do things that you enjoy. Also, try to seek support from a counselor, close and trusted friends, or through a support group. Whatever you do, do not try to deal with an investigation alone.

Contact Our Texas Nursing License Defense Lawyer

If you are facing a complaint with the Texas Board of Nursing, contact Oscar San Miguel, Attorney at Law, today. Backed by more than 20 years of experience in the medical-legal arena, our Texas nursing license defense lawyer has the skills and knowledge needed to aggressively protect your license. Whatever the situation, we always pursue the most favorable outcome possible. Call 512-228-7946 to schedule your consultation.

Source:

https://www.bon.texas.gov/faq_discipline.asp#t0