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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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An investigation cost me my award and my job, and it tarnished my reputation. Do I have any recourse?
Wednesday October 29, 2008
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Question:

Dear Nancy,

A coworker lied about me, resulting in my employer reporting me to the state licensing board for abuse. After a thorough investigation, the state dismissed the complaint. Ironically, this complaint followed me reporting two of the physicians in the department for negligent treatment to my director. Nothing was done to them. Prior to this, I had a flourishing career with that hospital: I chaired recruitment and retention committee, precepted many new nurses, volunteered at health fairs, and was selected as Nurse of the Year. The investigation cost me my award and my job, and it tarnished my reputation. Do I have any recourse?

KP



Nancy Brent replies:

Dear KP,

It would be important for you to consult with a nurse attorney or attorney in your state who is familiar with the state nurse practice act, its rules, and the laws of defamation, at a minimum. Nurse practice acts and the investigative powers given the board of nursing to investigate a complaint are broad. It is the board’s duty (or its investigative department’s duty) to investigate every complaint that comes before it and determine if there is a violation of the act or rules. If there is a potential violation, prosecuting the case is the next step. If the investigation indicates that no potential violation occurred, the complaint file is closed.

Generally, if the board had enough evidence to support a potential violation, but during the prosecution phase, additional evidence supported a non-violation, and the board prosecuted the case in good faith, there may be little recourse against the board. If, in contrast, the board did not do an investigation or exceeded its powers, the act or rules may provide a remedy for the licensee.

There may be a cause of action against the person who reported your case to the board. Again, there is a need to allow any and all persons to report a suspected violation to the agency that administers and enforces the act and rules, but there is a presumption that a person reporting an alleged violation does so “in good faith.” If a person reports false information about a licensee to the board, then recourse against that person is most probably possible, not only under the act or rules, but under other applicable laws.

You did not indicate in your question when this reporting occurred, but seeking legal advice as soon as possible would be best.

Cordially,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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