The Board of Registered Nursing accused our client of gross negligence and incompetence in the practice of nursing following alleged failure to obtain or document a specific reading with respect to a patient under her care. To resolve the case, our client was willing to enter into a public letter of reproval, but the Board refused and insisted upon a period of probation. We advised our client not to accept the Board’s offer and instead took the case to hearing. During a three-day proceeding before the Office of Administrative Hearings, the Board presented an expert witness, an investigator, and an eyewitness nurse and doctor from the date of the incident. We presented testimony from three current and former supervisors as to Respondent’s standard of care and level of practice.
Our client, an RN for 40 years, was cleared of all charges and the Accusation was dismissed. The Board’s request for almost $13,000 in costs was denied. Critical to the case was effective cross-examination of the Board’s witnesses, as the eyewitnesses testified largely in support of the nurse’s care on the day in question. The Proposed Decision from the Administrative Law Judge therefore found that the causes for discipline were not met, and recommended the Accusation be dismissed. The BRN upheld the Proposed Decision on review and issued a Final Order clearing the case against our client. Even when the agency tries to compromise, a skilled, experienced attorney understands when a deal should be accepted or rejected. If your license is under threat of discipline by a state agency, contact an attorney for a case consultation.