You’ve spent years of your life and countless hours to become a nurse. Licensing is the result of all that hard work. It’s also your right to practice and care for patients.
Unfortunately, a nursing malpractice claim can affect everything you’ve worked for, and lead to the discipline of your license. If you are facing such allegations, you need both a malpractice defense attorney and a strong nursing license defense attorney with a plan to push back. Here’s how.
What Counts as a Malpractice Claim?
A malpractice claim is an allegation that arises when a patient or one of their family members believes that your actions caused harm due to negligence or failure to meet the standard of care. There are many circumstances that such claims can arise from, but common examples include:
- Medication errors
- Not monitoring a patient adequately
- A simple miscommunication between you and a coworker or patient.
Such allegations, even when unfounded, can trigger an investigation by the California Board of Nursing. The board has the authority to levy penalties against your license, which could include a suspension or even a revocation. With that in mind, you must swiftly respond to any malpractice claim with a strong nursing license defense.
The Impact on Your Nursing License
Fortunately, a nursing malpractice allegation doesn’t automatically lead to loss of your license. However, it can kick off a cascade of consequences. The California Board of Nursing investigates license complaints. Thus, if a malpractice claim was joined by a professional license complaint, you could face the consequences outlined above.
Even if you are able to exonerate yourself, the investigation itself can last for months and subject you to extreme stress. You may also face reputational damage and lose the trust of your patients.
Common Triggers for Malpractice Claims
A malpractice claim can stem from many different issues (or alleged issues), such as:
- Medication errors
- Improper or incomplete charting
- Failure to follow protocols
If a patient is injured or dies while under your care, you are at an increased risk of malpractice allegations. For example, administering the wrong dosage could lead to patient harm and claims of negligence.=
You must be incredibly diligent when caring for patients, especially if you are tasked with administering high-risk medications. Patients who are facing severe health conditions may also be more likely to suffer complications during the course of care.
With that in mind, ensure you are following facility policy to the letter and are thoroughly documenting everything.
The Role of Documentation in Nursing License Defense
As you have probably heard, “If it’s not in the chart, it didn’t happen.” These are words that every nurse should live by. You must accurately chart any of your actions, as well as any relevant observations, such as interventions and assessment findings. Timely and thorough documentation is your best defense against malpractice claims.
If you are accused of malpractice which leads to possible discipline of your license, your nursing license defense attorney can use your charts and other documentation to mount strong counterarguments. Their goal is to disprove the allegations and demonstrate how you acted in accordance with facility policy and established standards of care.
What to Do When Facing a Board Investigation
If you are notified of malpractice allegations and a pending licensing board investigation, carefully review any notices you receive. You should be notified in writing and given a timeline that outlines your next steps. For example, you may be given a deadline to respond.
Make sure you thoroughly document all deadlines so you can respond on time. Failing to do so could result in a default action against your license.
Once you know what sort of timeline you are facing, connect with a nursing license defense attorney regarding the investigation. Don’t wait. They need ample time to gather evidence and build a strong defense.
The Emotional Toll of Malpractice Claims
Many nurses become focused on the professional implications of a malpractice claim. This is understandable, as a sustained malpractice allegation could have lasting consequences, including discipline of your license. However, the emotional toll is also significant.
The stress of facing allegations and potential license loss can impact your confidence and mental health. Seek support from colleagues, mentors, and loved ones. However, be careful not to disclose confidential or sensitive details of the case, as doing so could compromise your position and increase the odds of a negative outcome.
How to Protect Your License
Preventing malpractice claims is one way to protect your license. Engage in regular training on best practices and make sure you follow facility rules to the letter. Clearly communicate with patients, colleagues, and supervisors to reduce the likelihood of mistakes.
If you find yourself on the receiving end of malpractice allegations, act swiftly to protect yourself. Identify how long you have to respond, gather some basic information about the allegation, and connect with an experienced malpractice attorney as well as a license defense attorney.
Trusted Legal Care for Allegations
When facing a malpractice claim, which may lead to discipline of your license, legal representation is vital. Along with your malpractice attorney, an attorney specializing in nursing license defense can outline your next steps and what to expect along the way. More importantly, they will gather critical details to help share your side of what happened. They will advocate on your behalf should the discipline of your license become an issue.
Early legal intervention can often resolve issues before they escalate. A license defense attorney can also help protect your interests in the event that the board decides to levy penalties against you.
For example, in regard to the discipline of your license, your license defense lawyer may advocate for a shorter suspension or convince the board to place you on a probationary period as opposed to restricting your right to work.
Defend Your Nursing Career With Confidence
Malpractice cases are a reality of nursing and a significant aspect of professional liability. Some nurses go their entire careers without facing such an allegation. Others find themselves embroiled in a malpractice battle, which can, in turn, affect their license simply because a patient decided to make an exaggerated (or false) claim.
Unlock Legal is here to help. Our experienced attorneys have successfully protected the professional licenses of countless professionals in California. Contact Unlock Legal to book a consultation with our nursing license defense team.