Approaches to Defending Against Alleged Nursing Board Violations

When Kansas Nurse Licensing Attorney Danielle Sanger represents clients in proceedings over alleged misconduct in Kansas and Missouri, our office may take several approaches.  The specific defense strategies will be influenced by the facts and evidence, past record of our client, and a range of other factors.  Every situation is unique, so we tailor our defense strategy to the facts and circumstance of a particular case.  However, the nature of the facts and evidence may influence our strategy in terms of the stage at which we attempt to resolve a nursing board violation case in Missouri or Kansas.

Weak Evidence Might Result in Immediate Resolution

Sometimes a nurse comes under investigation for a nursing board violation based on fairly weak facts and/or shaky evidence.  If we represent a nurse who has been instructed to self-report an alleged nursing board violation, we will conduct an investigation.  If we have access to evidence that will disprove the charge, Ms. Sanger might immediately schedule a meeting with the investigator to present our client’s perspective.  The benefit of this immediate intervention is to influence the report prepared by the investigator before it is submitted to the nursing board prosecutor.

Once the report has been forwarded to the prosecutor for the nursing board, Ms. Sanger can schedule a meeting to seek to have the matter closed.  This approach means that the prosecutor never files a formal petition against our client.  The basic gist of this strategy involves cooperating and providing information when the evidence supports facilitating an immediate termination of the matter.

Less Favorable Facts Might Merit a Full Hearing

When there is strong evidence proving facts against our client, this situation often merits a more cautious “wait and see” approach.  In this situation, we might elect to delay discussing the facts of the case to avoid potential disclosure of details that ultimately end up being damaging.  If a nurse has failed a drug test or failed to properly document medication, Ms. Sanger might be inclined to anticipate a full hearing and aggressively conduct discovery.  This “wait and see” approach can facilitate continued employment and prevent risking an unnecessary loss of our client’s nursing license.

Since no two nursing board violation cases are identical, our Kansas Nurse Licensing Defense Law Firm’s strategy must be customized to fit the facts and circumstances.  However, an initial assessment of the strength of the evidence and favorability of the facts can determine whether to cooperate to prevent a formal petition or to delay communication with the investigator and/or prosecutor.

Negotiating a Favorable Resolution

If evidence proving a serious violation exists, a nurse may benefit from a Nursing License Revocation Lawyer negotiating with the prosecutor for the nursing board prior to a formal hearing.  These discussions can result in less harsh discipline than revocation of an individual’s nursing license.  Ms. Sanger might offer an explanation for the alleged improper conduct or evidence to mitigate the penalty.  In the case of allegations regarding a positive drug test, evidence might be presented of subsequent enrollment and participation in a drug treatment program.  However, the best defense strategy must be prepared even if such negotiations occur because a favorable agreement might not be possible.

Many good nurses make isolated mistakes or face unjustified disciplinary proceeding.  If you are facing a complaint, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.