Defending your nursing license is a legal process. However, it's unlike other legal proceedings in many ways. A nursing license defense attorney will want you to understand these four differences between your situation and other kinds of legal proceedings.
The Deciders of Fact
Rather than pleading your arguments before a judge and jury, you will present your case to a board of nursing. This is a governing body invested with the powers of the state to make determinations in cases involving licensed nurses within the state's borders. Anyone in the state who has a nursing complaint may submit it to the board. The board then decides whether it merits an investigation and, if necessary, disciplinary action. If the board judges that a nurse engaged in misconduct or neglect, the board has the power to even suspend or strip the nurse's license.
In some states, the board can appoint an administrative law judge to hear the case. Also, some states permit appeals while others do not.
Evidentiary Standards
Whenever a nursing board considers a matter, it faces two questions. First, it must assess whether the nurse's actions or failures represent a threat to the safety of the public in any way. Second, the board must determine if the preponderance of the evidence supports the allegations.
A nursing defense lawyer will emphasize that this is a lower standard than the one in criminal law. If you went to court over even something as simple as a parking ticket, the state has a burden to prove that its version of the story is true beyond a shadow of a doubt.
The preponderance of the evidence, however, is a standard that only requires the state to show that its version of the case is more likely true than not. Notably, this is similar to the standard used in civil cases.
Penalties
Nursing boards only have the power to impose penalties within the profession. A board can't fine you or send you to jail. It can suspend or terminate your license, though.
Process
One of the more challenging aspects of the process is that you rarely have an opportunity to present much of a defense until the hearing. Unlike in other cases, you can't ask a judge to dismiss the case or reduce the charges. Except for what your nursing defense attorney tells you to you say to the investigators, there aren't many ways to push back. Consequently, your goal is to be as prepared as possible when the hearing comes.
Reach out to a firm such as Spiga & Associates to learn more.
When someone does a little bit of everything, they are referred to as a generalist. Thus, a general attorney is someone who practices across many, or in some cases, all fields of law. They may represent clients in traffic court, defend criminals accused of certain crimes, oversee divorces, and write wills. If you need an attorney on your side for whatever life might throw at you, a general attorney is who you want to call. Of course, it never hurts to learn more before making a decision, which is why we invite you to read the articles on this website.