Nursing License Defense Lawyer in Greenville
Preparing for a nursing license defense lawyer in Greenville is a detailed process. While the board does not choose to investigate all the claims that are brought to them, once they decide that it is time to investigate, then you have a long road ahead. These reviews can take a physical, emotional, and financial toll on you and if they do not go right, you could end up losing your professional license.
- 1 Nursing License Defense Lawyer in Greenville
- 2 Never ignore the investigation
- 3 Do not respond to the letter or meet with the investigator
- 4 Do not contact the client
- 5 Do not turn over your clinical records
- 6 Never alter or create new documents
- 7 Do not assume that because the patient is not hurt, the board investigation stops
- 8 Do not think about suing the patient who filed the complaint.
You do not have to navigate any of this alone. Hiring a good nursing license defense lawyer in Greenville can help you to get through the review with minimal penalties and with your license intact. Even with the help of a professional team, there are some things that you should avoid doing once you hear from the state licensing board in your area to increase your chances of a favorable outcome. Some of these include:
Never ignore the investigation
It is likely that you spent a lot of time getting your license, and many time your livelihood will depend on the practice. If the board takes your license away, it is likely to threaten the way that you live. Because of this, you should always take the board investigation as seriously as possible. Whether or not you think that the case has some merit, it is the job of the board to protect the public, and they have the right to put you on probation, turn the case to the DA, or take your license away. Do not ignore an investigation. Instead, hire a nursing license defense lawyer in Greenville as soon as you learn about the investigation.
Do not respond to the letter or meet with the investigator
Do not do either of these two things until you have legal representation. It is always best to have your nursing license defense lawyer in Greenville do the talking for you. Meeting with the investigator without your attorney, or responding to the letter you get can be a dangerous error to make and sometimes it can cost you the license.
Many times a client thinks they are confident enough to respond to a board investigator, either in person or on the phone, all on their own, without their attorney there. However, you need to have an attorney there to protect your rights and prevent you from unknowingly incriminating yourself.
Do not contact the client
It is never a good idea to contact the client who filed the complaint with the board. Some professionals will try to protect themselves by contacting their client. They hope that they can persuade the client to withdraw the complaint. However, any contact with your client after you get notified of the complaint can be seen as a step against you. Many boards will see this as a way to harass or intimidate the client, especially if you tell the client that their files have discrediting, embarrassing, or damaging information.
While it is tempting to contact the client and try to convince them to drop the charges in order to protect your license, this is usually going to backfire. Hiring a nursing license defense lawyer in Greenville will help you to have legal representation who will discuss the best next steps to protect your license, and this will never include having contact with the client.
Do not turn over your clinical records
If the board asks for some materials or some clinical records, make sure that you seek advice from your nursing license defense lawyer in Greenville first. The board does have rights to look at the material that is related to the investigation, and some complex rules are surrounding this.
The bad news is, you probably do not know what all of these rules are. The good news is, your nursing license defense lawyer in Greenville does know these rules. It is always best to let your attorney provide you with advice on what you should turn over to the board according to the laws of your state. This can help prevent you from turning over records that are not necessary and which could result in more serious charges based on that new information.
Never alter or create new documents
During your board review, never go through and alter current records, or create new documents that have been retroactively dated. Some clients get worried about how some of their records are going to look when the board takes them, and so they will try to re-create a clean and pristine record to hand over. Unfortunately, members of the investigation team are well-versed in how records should look, and they will easily see when some are unrealistic and fake.
In addition, do not add termination notes, treatment summaries, or anything new to records that are already in existence. Altering the records is unethical and can result in more trouble. In fact, most nursing license defense lawyers in Greenville, South Carolina, agree that a cover-up is worse than the actual crime.
Do not assume that because the patient is not hurt, the board investigation stops
The job of the board is not whether the patient was injured. It is more about whether you operated below the standard of care. They will take a look at whether any state laws were violated or if other standards were not taken care of for the patient. It does not always matter if the patient was harmed.
While it is true that the element of harm can be relevant to a malpractice lawsuit, it is not always the determining factor in the lawsuit or the disciplinary action. The question of harm is going to be more relevant in a civil malpractice case compared to licensing board investigations. Make sure to discuss what this can mean in your case with a nursing license defense lawyer in Greenville.
Do not think about suing the patient who filed the complaint.
Some professionals worry about losing their license and will take any steps necessary to protect themselves. If they feel that the patient filed a claim to be mean or malicious, rather than have any substantial evidence, they may be tempted to try and sue the other person to get them to drop the claim. They feel that this would be a good way to get a client to drop the charges so that they can keep their professional license.
This is going to work against you. Attempting to sue someone who has filed a claim against you can be viewed by the board as a way to harass or intimidate your complainant and will look bad on you. It does not matter the situation, don’t even talk to legal counsel about suing the client or things can get really bad for you.
If you have been notified of a license review due to a complaint from a current or former client, it is essential to get your nursing license defense lawyer in Greenville set up right away. Our professionals at Brumback and Langley are here to help every step of the way. From reviewing the case to helping you review what to release to the board and speaking on your behalf, our professionals will help you get through this review and keep your license.