Defending Against Negligence Claims in Kansas: What Nurses Need to Know
Allegations of negligence can be among the most damaging charges a nurse in Kansas will ever face. Not only do these claims question a nurse’s professional competence, but they also threaten their ability to provide patient care in the future. A single negligence complaint to the Kansas State Board of Nursing (KSBN) can result in an investigation that may end in severe disciplinary action, including suspension or even revocation of a nursing license.
Understanding what negligence means under the Kansas Nurse Practice Act, how the KSBN investigates, and what defense strategies can be used is critical for any nurse who finds themselves under scrutiny.
What Constitutes Negligence for Kansas Nurses?
Negligence in nursing generally refers to a failure to meet the accepted standards of nursing care, resulting in harm or risk of harm to a patient. The KSBN typically looks for evidence of one or more of the following:
- Failure to follow established protocols for patient care or medication administration
- Omissions in care, such as neglecting to perform necessary monitoring or follow-up
- Errors in judgment that deviate from what a reasonably prudent nurse would do in similar circumstances
- Poor documentation that either fails to reflect the care provided or is inconsistent with actual events
Kansas law does not require that actual harm occurred for negligence to be found—placing a patient at significant risk can also be grounds for discipline.
The Kansas State Board of Nursing Investigation Process
When a complaint is filed—whether by a patient, family member, co-worker, or employer—the KSBN begins by reviewing the allegation to determine if it falls within their jurisdiction. If the complaint suggests possible negligence, the Board may:
- Send a written notice to the nurse outlining the allegations and requesting a response.
- Request patient care records and other relevant documentation.
- Conduct interviews with the nurse, colleagues, supervisors, and possibly patients or their families.
- Engage outside experts to review the case and offer opinions on whether the standard of care was met.
The nurse’s written and verbal responses during this process are crucial. Any statements made will become part of the permanent investigative file and can be used in future proceedings.
Potential Consequences of a Negligence Finding
If the KSBN determines that negligence occurred, they have a range of disciplinary options, including:
- Issuing a public censure or reprimand
- Imposing a period of probation with conditions, such as additional training or supervision
- Suspending the license temporarily
- Revoking the license permanently
In addition to these administrative penalties, nurses may also face civil liability if the patient chooses to pursue a malpractice lawsuit.
Strategies for Defending Against Negligence Allegations
Because negligence cases often hinge on the details of patient care and documentation, defense strategies typically focus on:
- Presenting complete, accurate, and timely documentation to show that the standard of care was met
- Providing context for clinical decisions, including adherence to physician orders and facility protocols
- Securing expert testimony from other nurses or healthcare providers to confirm that the actions taken were reasonable under the circumstances
- Challenging inaccurate or misleading statements in the complaint or investigative report
An experienced Kansas nursing license defense attorney can help gather evidence, identify weaknesses in the Board’s case, and present a clear, persuasive defense.
Why Early Legal Representation Matters
Many nurses make the mistake of trying to handle a negligence complaint on their own, often providing responses to the Board without understanding how their words could be interpreted later. By securing legal counsel as soon as the notice of investigation arrives, nurses can ensure that their rights are protected from the very beginning and that their case is presented in the strongest possible light.
Call Attorney Danielle Sanger Today!
If you are a nurse in Kansas facing allegations of negligence, your license, livelihood, and professional reputation are on the line. Don’t wait until the investigation has advanced—protect yourself now. Contact Sanger Law Office, LLC at (785) 979-4353 (Kansas) for a confidential consultation. Attorney Danielle R. Sanger has extensive experience defending Kansas nurses before the State Board of Nursing and will fight to safeguard your career.