Recently our office defended a Registered Nurse who was facing a formal Accusation for Unprofessional Conduct – Incompetence, stemming from a medication error at a new place of employment. Our office was contacted well into the legal process; the investigation had concluded, an Accusation was filed, Discovery was provided, negotiations occurred, and a hearing date was set. The RN received a probationary offer and was seeking new representation.
After a review of the discovery, it became clear that part of the reason that the Board was steadfast on probation were admissions made by the RN during the investigation with the Department of Consumer Affairs. The Board opined that since the RN admitted to her mistake, their case was simple, and probation should be the proper resolution.
It is important to note, however, that statutorily, the purpose of the Nurse Practice Act is to assure protection of the public; the proceedings are not designed to penalize the nurse. Discipline is not to be issued to punish the RN. Discipline is to be issued in order to protect the public.
After submitting a supplemental packet of mitigation and highlighting that any failure to recognize early acceptance of responsibility as a mitigant deters licensees from accepting responsibility in the future, the Board offered to resolve the matter via a Letter of Public Reprimand.
If you are facing an Accusation by your licensing Board, and need legal representation, please do not hesitate to contact our office.
** This information is a sample of past results. Information provided on this website does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different, and each case must be evaluated on its own merits. The circumstances of your case may differ from the results provided above. Legal Advertisement. **