Asheville Nursing License Defense Lawyer

Nursing License Defense Attorney in Asheville, NC

If your nursing license is in jeopardy, you should do everything you can to prevent a suspension or revocation. That includes preparing your case before an administrative hearing and hiring the right legal protection to guide you through the defense process. If you were to lose your nursing license due to a complaint, it could jeopardize your career and force you to make a change you didn’t plan on. An Asheville nursing license defense lawyer can help you work through this.

The legal team at North State Law knows the difficulties of developing a nursing license defense strategy. North Carolina’s nursing license defense laws can be confusing and tough to handle on your own. That’s one of many reasons why you should hire an Asheville nursing license defense attorney to help with your case. Our team has decades of combined experience helping clients through their professional license defenses. We can bring focus and knowledge to your case.

The Nursing License Defense Process in North Carolina

If you have to defend your nursing license in Asheville, your case won’t happen in front of a traditional legal court. Instead, your license defense will be handled through administrative proceedings at the North Carolina Board of Nursing (NCBON) offices in Raleigh. If your case has a connection to a criminal matter, it will be decided through traditional courts at the Buncombe County Courthouse on Court Plaza. Your lawyer can help you prepare your case.

It’s important to keep in mind that there are 165,670 licensed registered nurses throughout North Carolina, with 4,628 just in Buncombe County. Complaints happen all the time, and many of them are unfounded. However, in order to prove that a complaint is unfounded, you may need to defend yourself formally. You should hire a nursing license defense lawyer for help. Here is the process:

• Complaint. It starts with the complaint. Someone, most likely anonymous, will lodge a formal complaint against you. The majority of complaints to the NCBON involve a nurse’s alleged misconduct, negligence, substance abuse, or criminal activity. The NCBON needs to take every complaint seriously so it can take action when necessary. If they determine that the complaint has validity, you will be notified that further investigation is needed.
• Investigation. The NCBON will then launch an investigation into the complaint, gathering records of your interactions with the complainant and gathering witness statements that support the complaint. It’s at this point that you should hire a nursing license defense lawyer to start building your own legal strategy.
• Defense strategy. It’s vital that you start drafting a response strategy as soon as possible. You don’t want to be caught unprepared when the NCBON has a well-prepared case against you. Your lawyer should handle all ongoing communication with the NCBON to prevent you from incriminating yourself, even accidentally. You should also have zero interactions with the complainant during this process. 
• Hearing. There’s a chance that this situation will be resolved before the administrative hearing. Many cases are handled through an informal conference, where the nurse is reprimanded for their alleged actions and is granted a consent order. Instead of losing their license, they are given specific conditions to meet in order to avoid a suspension. Sometimes, that can involve probation or a limit on the type of work you can receive.
• However, if your situation is deemed too serious to be resolved informally, you will have to endure the administrative hearing before the NCBON. This whole process will have the formal look and feel of a courtroom trial. You’ll have your defense lawyer by your side to represent your interests and keep you from being taken advantage of. Your hearing could result in a revocation of your license. If that happens, you will be able to appeal.

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FAQs

What Is the Most Common Reason Nurses Get Complaints?

In North Carolina, the most common reason that patients file formal complaints against nurses is for misconduct. Misconduct can mean so many different things, including incompetence, medication errors, and a basic failure to follow a duty of care. If you have a complaint filed against you, it’s vital that you consult with a professional license defense lawyer immediately and start working on your defense strategy.

What Are the Four Elements of Negligence?

In order to prove that a nurse is guilty of negligence, the NCBON needs to prove the four elements of negligence:

• The nurse owed a duty of care to the patient.
• The nurse breached that duty.
• The breach caused the patient harm.
• The patient suffered damages and is owed compensation.

What Is the Hardest Element to Prove in a Nursing License Defense Case?

In a nursing license defense case, the hardest element to prove is often causation. Proving that the nurse breached their duty of care may be fairly simple. However, it can be hard for the nurse in question to prove that their alleged actions did not directly cause the patient’s injury. The patient may be suffering from a pre-existing condition, and the alleged negligence may not actually be responsible for what happened.

When Should I Hire a Nursing License Defense Lawyer?

You should hire a nursing license defense lawyer as soon as you are notified of a complaint against you. If the NCBON believes the complaint is valid enough to launch an investigation, you need to be prepared to defend yourself. Don’t wait until a formal accusation is filed, because that means the NCBON has already completed its investigation and found cause to take action against you. 

Be Sure to Hire a Nursing License Defense Lawyer Soon

The most important thing you can do for your case is be prepared. If you know that a complaint has been lodged and you know the board is looking into it, you should start determining the right course for your case. A good defense lawyer can be invaluable during all this. At North State Law, we can give you a chance. Our paralegals are multilingual and ready to assist you. Contact us to speak to someone on our team about your options.