Questions from a Florida Nurse to a Healthcare Defense Attorney

I decided to write this blog in a different format.  Recently, I contacted a high school classmate who is a nurse in a large metropolitan hospital in Florida and ask her to pose to me questions she would have for an attorney if there was an investigation by DOH of her nursing license.  Below are her questions which give me insight into the concerns of hardworking and dedicated member of the nursing profession.

 

Questions from a Florida Nurse

 

1. What experience do you have specifically representing nurses before the Board of Nursing and how many cases have you represented? What were the typical outcomes?

 

During the past +25 years the lawyers in my Firm as well as myself have represented Florida nurses who are under investigation by the Florida Board of Nursing and the Florida Department of Health (DOH).  These investigations usually start with a complaint to DOH and an investigator either comes to the nurse’s workplace or sends them a DOH investigative letter.  I’ve handled hundreds of cases and the cases usually start out with having to decide do you want to challenge the allegations, which would result in an administrative law judge being appointed and a trial; or do you want to try and settle the charges with the DOH.

 

2. How could a disciplinary issue affect my nursing license now and in the future? What if it results in a dismissal?

 

If the Florida Board of Nursing enters a final order imposing discipline on a nurse’s license it can range from a letter of concern or guidance, reprimand, probation, suspension or revocation of the license.  The law then requires that these final actions be reported to the National Practitioner Database (NPDB), which can affect your insurance premiums, employer decisions to hire or fire, and whether the discipline is reported to other databases.

 

3. If I’m being investigated, should I respond to the Board’s notice or investigator at all before you review my response? Will you assist me in drafting a response?

 

No, you definitely should NEVER speak to an investigator or submit a written response to DOH without first speaking with an experienced health care attorney who has handled DOH and Board of Nursing cases.  Over the years, I have seen nurses try to handle things on their own, thinking they are saving money. They typically Google the subject matter or talk to some other nurse and get his/her advice.   I’ve heard things like “I spoke with the investigator, and he acted so nice to me!”—then they get a notice that their license is suddenly suspended.  What they don’t realize is that the DOH investigators are trained to get the nurse to talk…and talk….and talk, in the hopes they will eventually say something that incriminates them.”  Investigators are evaluated on how many licenses they get disciplined.

Yes, for our clients we actually draft a response that is carefully prepared to make your case.

 

4. How long does the disciplinary investigation process usually take and how could it affect my ability to work during the investigation?

 

It can take anywhere from 6 to 18 months.  Sometimes longer depending on the complexity of the case.  Your employer usually only knows if:  they were the ones that reported you; someone else tells them, or the investigator showed up at the facility and disclosed who they are investigating.  Every case is different, but if the employer does not yet know of the investigation, depending on the facts, we advise our nurse clients to let us try to resolve the case with DOH before the employer knows.

 

5. Will this investigation be reported to NURSYS? Will the results affect my multistate/compact privileges?

 

Only final license disciplinary actions (suspension, probation, voluntary relinquishment of license,  revocation, etc.) once the Board makes its decision are reported to NURSYS.  The initial investigation is usually not reported.  Yes, decisions by the Board of Nursing can trigger adverse actions in other states that are members of the Compact.

 

6. At what point do I notify my malpractice insurer if I’m being investigated?

 

My advice is if you receive a letter from the DOH investigator or a visit from him/her (sometimes they pop up at your facility and try to ask  you questions) do not respond until you have spoken with an experienced health care attorney first.  If they actually, do show up to request an interview tell them, “I’d like to have a copy of the complaint please and  review it with my attorney first before I do anything.”  They are trained to know that nurses have the right to an attorney and to stop right there.  I say contact a competent attorney first because if you do have insurance, you’ll want the attorney to review your policy to make sure:  (a) does it cover this kind of investigation; and (b) what are the requirements for reporting a claim.  Insurance companies can be very picky.

 

7. What are some resolutions that you typically recommend? For example: informal conference, consent agreement, remediation, probation, dismissal, or formal hearing?

 

My professional advice and recommendation depends largely on what the allegations are and the actual facts of the case.  If the nurse informs me that they are at fault and that there is strong evidence against them, then that case is handled differently than say an allegation of patient abandonment when the nurse has charting and witnesses to prove there was no abandonment. Harder cases you want to try and resolve.  Easier ones might be appropriate for dismissal or trial.

 

Most cases, if you have a good attorney, are concluded with a written settlement agreement.  Because the Board is strict you don’t just call them up and ask for a settlement.  You have to challenge the allegations at the beginning and make them think they will lose the case, then leverage them into a settlement.

 

Finally, I can’t overstate that nurses should NEVER go it alone.

 

This is not some undertaking you should do it yourself (DIY).  It’s not a home or car repair; it’s your professional livelihood.  It’s how you support your family, put food on your table and pay for your future.

 

There are rules, statutory and case law, DOH investigators and prosecuting attorneys, not to mention the personalities of the nurses that sit on the Florida Board of Nursing.  An experienced health care attorney knows how to deal with all of this and can come up with a plan to save your license and help you get on with your life.

 

THANK YOU TO MY CLASSMATE FOR THESE QUESTIONS.  MAYBE SHE WILL SEND ME MORE!

 

If you have questions or are the subject of an investigation by the Florida Department of Health or Florida Board of Nursing, call our law firm for a free no obligation consultation at 850-877-7776.  We have several former DOH attorneys who have the experience, know how and talent to assist you.