1: Are You Covered Under Your Employer’s Malpractice Insurance?
- Check with your employer to see if their medical malpractice insurance covers you
- If your employer says it does, then politely ask for a copy so you can see to what extent you are covered as there will be a policy limit on how much damages the insurer will cover
- You also need to see exactly what is covered
- Does the policy cover negligence? How about lawsuits involving intentional torts (assault, battery, etc.)?
- If you are covered but not as much as you would like, then call around to insurance carriers that specialize in insuring professionals and see what options you have
- The reason this is important is any covered acts will allow your insurance carrier to get ahead of any potential civil suit brought by a patient or their family
- The insurance carrier will probably not cover the cost for you to be represented by an attorney at a potential disciplinary hearing brought by the NC Board of Nursing, but the carrier should provide counsel for any civil suit you may be facing from a patient or their family
2: Do Not Ignore A Nc Board Of Nursing Complaint Investigation
- Nurses, like other licensed professionals, can choose to participate in an investigation of a complaint brought against a nurse
- If a nurse chooses to not participate in a NC Board of Nursing investigation, the investigation will continue without any input from the licensed nurse
- You can convey your version of events by agreeing to an interview with the investigator, submitting a written statement as well as offering your own evidence to the investigator
- Once the investigator has concluded his/her investigation you, the licensee, have the option to make an appointment with the NC Board of Nursing so you can review any evidence that has been collected by the Board’s investigator
- Failing to participate in a NC Board of Nursing investigation will result in the investigator only receiving one version of the story and it won’t be yours
- You may receive probation, suspension or revocation just because you failed to participate in the investigation
- Participation in the investigation does not mean go into an interview unprepared or submit a half-thought statement
- If you need help, contact our office so we can represent you early in the process and get you prepared for an interview and help you construct a well thought out statement
3: Do Not Speak With Co-workers About Your Investigation Or The Complaint That Was Filed Against You
- You may have met some great people that you work with that you consider friends, and that’s fantastic, but keep the investigation to yourself
- People, even friends, do not fully grasp things when we speak with them. They get stories confused, twisted, or just make things up to fill in perceived blanks
- It’s best to just not discuss the Board’s investigation and complaint with any co-workers as they may inadvertently (or purposefully) disclose some misinformation and severely harm your chance to keep your license
- Some co-workers may act like friends but are looking for anything that would hamper your career
- Don’t give anyone the opportunity to hurt your chance for success and steer all conversations away from the Board’s investigation and the complaint
4: Cooperate With Your Attorney
- I’m biased, but cooperating with the person with whom you are trusting your livelihood to just makes sense
- If your attorney asks you to produce some documentation, provide it as soon as possible
- If you have an appointment with your attorney, then keep it or at least call ahead and reschedule if an emergency happens
- Be transparent and do not lie to your attorney
- Do not withhold facts or information from your attorney
- Lying to your attorney hurts your case because your attorney will be ill-prepared in defending you against an accusation
- In fact, lying to your attorney, or withholding facts, will make it very difficult for your attorney to have any real chance at success in your case
- Remember, the attorney-client privilege prohibits attorneys from disclosing client information to third-parties, so you have no reason to not be truthful
- Trust your attorney and let him do his job
5: You Can Continue To Practice Nursing Even With A Disciplinary Investigation Pending, With An Exception
- The North Carolina Board of Nursing cannot prevent a licensed nurse from ethically practicing as a nurse in North Carolina until a disciplinary decision has been rendered by the Board after a complaint and investigation has concluded, with one exception
- A nurse’s license to practice in NC may be immediately suspended (Emergency Summary Suspension) if it is determined that the public health, safety or welfare of the public may be jeopardized by continued practice of a nurse
- Unless you have received a notice of an Emergency Summary Suspension or Order suspending or terminating your nursing license, you can continue to practice as a licensed nurse in North Carolina while a disciplinary investigation is ongoing
To set up a consultation to examine your options or retain representation call us now at 919-521-8810 and visit our website at www.northstatelawfirm.com