Did you know that the BRN, the governing and licensing entity for nurses, investigates loads of nurses each year? ANYONE can make a complaint against you; It can be an unhappy patient or their family, a co-worker, a manager, or your employer.
What would you do if you were taking are of a very sick patient and they died, and then the patient’s family accused you of poor nursing care?
What if you worked with another nurse who was diverting narcotics and they asked you to co-sign?
What if your ex decided that you were not taking care of their child with appropriate standard of nursing when the child got injured and was under your care while in your home?
What if you were accused of a DUI or were found with illicit drugs in your possession?
What if you left your patient under the watchful eye of a family member and they fall?
What if you didn't label your syringes and accidentally gave the wrong medication?
The incident does not have to be at the workplace. Because you are a licensed nurse, you are a nurse all the time and your actions outside of the workplace can affect your license.
Once a complaint is received by the BRN, I do not know their dismissal process if it is an absurd claim, but I do know that the complaint goes to a special investigator. A special investigator is assigned and then they will request all pertinent records as necessary (i.e. patient health records, Pyxis or other automated medication dispensing machine records, photographs, police reports, and employee personnel files) as well as interview any persons who may have information regarding the incident.
The investigator will do his/her due diligence and report on findings and prepare a Final Report. The investigator is NOT a nurse. Once the Final Report is completed, the report and all related evidence will be forwarded to an Expert Practice Consultant who is a nurse. That nurse should be qualified to work in the same situation as the nurse being investigated and she/he will review the entire case. After reviewing all materials, he/she will write their own report with their opinion.
Did the nurse being investigated provide the Standard of Nursing Care? And if not, to what degree did they deviate? Was it Unprofessional Conduct? Negligence? Incompetence? The final reports are reviewed and the BRN may offer probation, punishment, or license suspension or revocation. If the respondent does not agree to the terms, the case will go to hearing in front of a judge with attorneys on both sides and the expert practice consultant as a witness.
Now, back to professional malpractice insurance…this insurance may help pay for your expenses should you need to retain an attorney to defend yourself. Read the policy! Not all policies are created equal. Two insurance companies that come to mind are NSO (Nursing Service Organization) and CM&F.
Plans are about $100+/year and that’s not a lot for peace of mind. If one policy is not sufficient, consider getting two just to be covered! I am not an insurance representative and get absolutely nothing if you purchase coverage. I have seen first-hand how these investigations could affect a nurse (I’ll explain why in a different post). A defense attorney could cost in the ballpark of $200+/hr and if you are found to be at fault, the BRN could assess you with the cost of the investigation in addition to what you are already paying to defend yourself.
Be safe. Do the right thing. Protect your livelihood.
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