Nursing license defense lawyers handle a wide range of cases, such as license applications and professional misconduct. Within each case type, there are several issues license defense lawyers are trained to assist nurses with.
Our Texas nurse license defense lawyers at Bertolino LLP explain the different types of cases and how we can help you succeed. Read on to learn what cases we handle.
Allegations of Professional Misconduct
The first and most common case we work on is when nurses are accused of professional misconduct. Hiring a nursing license defense attorney can greatly benefit nurses facing allegations of professional misconduct. If you are facing any of the following allegations, our team can help you build a defense:
- Failure to monitor vital signs
- Sexual misconduct toward patients
- Failure to meet standard of care
- Breach of confidentiality
- Inappropriate relationships with patients and/or unprofessional conduct towards peers/coworkers
- Improper charting and/or record keeping
- Failure to accurately waste or administer medications
- Unauthorized practice of medicine/ acting without a physician order
- Misappropriation of medications
When You’re Facing Criminal Charges, We Can Help
Facing criminal charges as a nurse in Texas can have severe consequences. Some crimes can threaten your license and lead to immediate suspension or revocation, impacting your ability to practice and earn a living. A criminal conviction can hurt your professional reputation, limit job opportunities, and disqualify you from certain healthcare settings or patient populations. Our Team team can help you if you’ve been charged with any of the following crimes:
- Drug-related offenses: Nurses may face charges related to possessing, distributing, or diversion of controlled substances. This can include charges for illegal drug use, prescription fraud, or theft of medications.
- Assault or battery: Nurses charged with assault or battery may be accused of physically harming a patient, coworker, or another individual. These charges can stem from allegations of excessive force, inappropriate restraint, or physical altercations.
- Theft or fraud: Nurses may be charged with theft or fraud offenses, such as stealing medications or supplies from the workplace, embezzlement, healthcare fraud or insurance fraud.
- DUI or impaired driving: Operating a vehicle under the influence of alcohol or drugs can result in criminal charges. Nurses facing DUI charges may confront consequences for their professional license.
- Patient abuse or neglect: Nurses accused of abusing or neglecting patients can face criminal charges, particularly in physical, emotional, or sexual abuse or failure to provide adequate care.
Defending Against Allegations at an Administrative Hearing
When you’re being formally investigated for the allegations you face, you are entitled to a hearing to defend against the allegations. Our team at Bertolino LLP can help you in the following ways in an administrative hearing:
- Presenting a persuasive opening statement: We will craft and deliver an opening statement to the Administrative Law Judge (ALJ) that effectively outlines your defense, raises any legal arguments and challenges the allegations you’re facing.
- Presenting relevant and strong evidence: Our team will gather and present compelling evidence that disputes the allegations against you. This may include documents, records, witness testimonies, or other evidence that supports your case.
- Gathering and presenting expert witness testimony: We can work with expert witnesses who can provide professional opinions or insights that strengthen your defense and refute the allegations.
- Objecting to irrelevant questions: During the hearing, we will monitor the proceedings and object to any irrelevant or improper questions the Board asks. This makes sure that the focus remains on the relevant issues and protects your rights.
- Presenting a closing argument: In the closing argument, we will summarize your defense, reiterate key points, and make a compelling case to the ALJ, emphasizing that the allegations against you are false, invalid or defective.
Application Matters
You are also entitled to a hearing if your application for licensure is denied. Typically, the Texas Board of Nursing will notify you in writing of their intent to deny your application and you can provide supplemental evidence in furtherance of approval. You are also given the opportunity to withdraw your application. If your application is formally denied, then you will have 30 days to request a hearing. At the hearing, you will have the burden to show why your application should have been approved and why you are fit for licensure.
Our team of nursing license defense lawyers at Bertolino LLP will consult with you on your application, negotiate with Board staff to obtain a license for you, develop an aggressive legal strategy to fight for you , and represent you at a hearing to advocate for your chance to become a licensed nurse.
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Risks of Failing to Hire a Nursing License Defense Lawyer in Texas
When facing a complaint investigation or allegations in an administrative hearing where your Texas nursing license is on the line, choosing not to hire a nursing license defense lawyer can expose you to significant risks. Here are some potential consequences of failing to seek legal representation:
Inadequate Understanding of the Legal Process
Navigating the legal process can be difficult due to the specific rules, deadlines, and procedures that you must follow in detail. Without a nursing license defense lawyer, you may have a limited understanding of the legal terms and procedures in your case.
This lack of knowledge can lead to missed opportunities, procedural errors, or failure to present a strong defense, jeopardizing your chances of a favorable outcome. When you don’t hire a professional license defense attorney, you’re risking your livelihood and the change to keep your nursing license and avoid disciplinary action.
Weakened Defense Strategy
Developing a strong defense strategy requires legal experience in nursing license defense cases. A nursing license defense lawyer understands the nuances of the law, the licensing board’s expectations, and the best approaches to challenge allegations effectively. You may struggle to develop a strong defense strategy without professional legal representation, leaving you vulnerable to an adverse outcome that exposes you to disciplinary action.
Inability to Gather and Present Strong Evidence
A compelling case often requires gathering and presenting strong evidence to support your defense. A nursing license defense lawyer understands the rules of evidence and has the skills and resources to collect relevant documents, medical records, subject expert opinions, and witness testimonies that can strengthen your position.
The rules of evidence are quite technical and very elaborate. Without legal representation, you may have difficulties acquiring and presenting the necessary evidence, weakening your defense and reducing the chances of keeping your license.
Limited Knowledge of Licensing Board Procedures
Licensing boards have specific procedures, rules and protocols that you must follow during investigations and administrative hearings. Failing to adhere to these procedures or missing important and time-sensitive deadlines can have severe consequences for your case.
A nursing license defense lawyer is well-versed in these procedures and can guide you through the process, ensuring you get the chance to present your case and protecting your rights.
Harsher Disciplinary Actions
Without legal representation, you may be more susceptible to receiving harsher disciplinary actions from the licensing board. A nursing license defense lawyer can advocate for your rights, negotiate on your behalf, and work towards minimizing the potential penalties or sanctions imposed. We can also explore alternative resolutions or outcomes that are available in your case.
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Contact Us Today to Learn How We Can Handle Your Nursing Case
At Bertolino LLP, our Texas nursing license defense attorneys are ready to take on your nursing license case regardless of what complaints or charges you’re facing. We can help you at every stage of your case, from receiving notice of the complaint, to the hearing process, judicial review and appellate advocacy.
Contact us today to learn more about the types of cases our team can help you with.
Call or text (512) 476-5757 or complete a Case Evaluation form
